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HomeMy WebLinkAboutProject Manual ICONTRACT DOCUMENTS 1 r Vt.3 CITY OF OAK PARK HEIGHTS Project Manual For Oak Park Heights 250,000 Gallon Elevated Tank Repaint Oak Par k Heights, Minnesota File No. 000055-07147-0 March 2007 D C Bonestroo Rosene Anderlik & Associates Engineers & Architects f 1 DOCUMENT 00005 JPROFESSIONAL CERTIFICATIONS I I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under th laws of the State of ► esota. Mark R. Rolfs,P.E. Date: February 27, 2007 Reg.No. 16722 1 END OF DOCUMENT * I I I I I 1 I 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates Inc.' PROFESSIONAL CERTIFICATIONS 1 IIDOCUMENT 00010 TABLE OF CONTENTS OAK PARK HEIGHTS 250,000 GALLON ELEVATED TANK REPAINT FILE NO. 000055-07147-0 OAK PARK HEIGHTS, MINNESOTA II2007 Introductory Information 00005 Professional Certifications 00010 Table of Contents 11 Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C-700 Standard General Conditions of the Constructi 00800 (Bound in back of Project Manual) on Contract Supplementary Conditions II Specifications Division 1 —General Requirements 01100 Summary 1 01200 Price and Pa 01310 Project Management and Coordination 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 'l ir I I 01700 Execution Requirements Division 2—Site Construction 02315 Excavation and Fill 02920 Lawns and Grasses I 000055-07147-0 ©2007 Bonestroo,Rosene, 1 Anderlik&Associates,Inc, 00010-1 TABLE OF CONTENTS I Specifications Continued... Division 3—Concrete 03301 Cast-In-Place Concrete 1 Division 9- Finishes 09900 Painting a Division 15-Mechanical 15240 Steel Water Reservoir Repairs IrDivision 16-Electrical 16050 Basic Electrical Materials and Methods 16110 Raceways II 16120 16140 Wires and Cables Wiring Devices 16450 Grounding 16500 Lighting 16640 Cathodic Protection III Appendices Figure 1 Elevated Tank Location Plan Figure 2 Site Plan IFigure 3 Tower Elevation Plan Figure 4 Concrete Splash Pad and Overflow Pipe Extension Figure 5 Tower Name Sign Scheme ISEH Design/Build, Inc. Water Tank Evaluation Report I IEND OF DOCUMENT I I I I I 000055-07147-0 C 2007 Bonestroo,Rosene, IAnderlik&Associates,Inc. 00010-2 TABLE OF CONTENTS I I DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received b Oak Park Boulevard,received d by the City of Oak Park Heights, Minnesota, in the City Hall at 14 publicly opened and read aloud for, C.D.S.T., Tuesday, March 20, 2007, at which 1be the following: furnishing of all labor, materials, and all else necessary be I oa ary for k Park Hei hts 250 000 Gallon Elevated Tank Re aint In general, Work consists of the followin g• Cleaning, sandblasting and repainting interior and exterior surfaces of the existing 250,000 gallon elevated tank including miscellaneous interior and exterior structural grading and restoration, and all related and associated work. Bidders desiring a copy Rosene, of the Bidding Documents may Paul, , Anderlik&Associates Inc. Y obtain them from the Issuing Office St. MN 55113, (651) 636-4600 upon 'payment Inc., Consulting Engineers, 2335 West Highway 36, St. Documents may be seen at the office of the City of Oak non-refundable fee of Documents Documents can ark Heights and at th$40.00.Issuing Bidding. www.bonestroo.com. an also be purchased with a credit card over the Internet at Direct inquiries to Engineer's Project Manager,Mark Rolfs at Bid Security n the (651) 604. 881 accordance with the Instructions to 5 Bidders.t the amount of the Bid must accompany each Bid in The Owner reserves the right ght to retain the deposits of the 3 lowest Bidders for a exceed 60 days after the date and time set for the Op a period of 60 days Opening of Bids. No Bids may be wpiethdrawn for Y after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, t therein, and further reserves the right to award the Contract to valve irregularities act to the best interests of the Owner. Eric Johnson, City Administrator City of Oak Park Heights,Minnesota 1 I I 000055-07147-0 it ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. ADVERTISEMENT FOR BIDS DOCUMENT 00200 1 IINSTRUCTIONS TO BIDDERS IARTICLE 1 -DEFINED TERMS I 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: 'I A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the work within 5 days of Owner's request, Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data, as may be called for below: IA. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. I I I I I B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. I I I I 000055-07147-0 ©2007 Bonestroo,Rosene, INSTRUCTIONS TO BIDDERS IAnderlik&Associates,Inc. 00200-1 1 ARTICLE 4 -EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: I 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Project Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General I Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to �1 existing Underground Facilities at or contiguous to the Project Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Project Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General I Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-2 INSTRUCTIONS TO BIDDERS t interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Project Site to conduct Project such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Project Site to its former condition upon completion of such explorations, investigations,tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Project Site by Owner or others (such as utilities and other prime contractors)that relates to the work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submittin g a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Project Site and become familiar with and satisfy Bidder as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost,progress, and performance of the work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Project 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-3 INSTRUCTIONS TO BIDDERS 1 Site which have been identified in the Supplementary Cond itions as p rovided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study(or accept consequences of not doing so) all additional or • supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost,progress,or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the work at the Price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; I G. become aware of the general nature of the work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; i I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and I convey understanding of all terms and conditions for the performance of the work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that I Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. 000055-07147-0 ©2007 Bonestroo,Rosene, INSTRUCTIONS TO BIDDERS Anderlik&Associates,Inc. 00200-4 I ii. ARTICLE 5 -PRE-BID CONFERENCE I5.01 There will be no pre-Bid conference. IARTICLE 6—PROJECT SITE AND OTHER AREAS 6.01 The Project Site is identified in the Bidding Documents. Easements for permanent I structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or I storage of materials and equipment to be incorporated in the work are to be obtained and paid for by Contractor. IARTICLE 7 -INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to IEngineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less Ithan 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will Ibe without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed Iadvisable by Owner or Engineer. ARTICLE 8 -BID SECURITY I8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid Price and in the form of a certified check or bank money I order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. I 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Isuccessful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of Iother Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such I Bidders will be returned. I 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. 000055-07147-0 ©2007 Bonestroo,Rosene, IAnderlik&Associates,Inc. 00200-5 INSTRUCTIONS TO BIDDERS I I ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which Milestones are to be achieved and the work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 -LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages,if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL"ITEMS 1 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents or those substitute or "or-equal" materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed substitute or "or-equal" item. No item of material or equipment will be considered by Engineer as a substitute or "or-equal," unless written request for approval has been submitted by Bidder and has been received by Engineer at least 10 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS,AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 1 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-6 INSTRUCTIONS TO BIDDERS I 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 -PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by individual an dual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-7 INSTRUCTIONS TO BIDDERS ■ I 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtains if a qualification hall also be shown on the the Contract. Bidder's State Contractor License Number, any, Bid Form. e Bid Form . I 13.12 Bidders may list proposed Substitute Items on provided Numbertnand the T al Bidders shall clearly indicate the item name, Sp ecification Section Deduct to the Total Base Bid for each Substitute Item proposed. I ARTICLE 14 -BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price With Substitute Items A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of final estimated 1llI quantity of each Bid Item and the corresponding Bid Unit Price. The quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Con ditions. I C. Discrepancies between the multiplication of units of wo end Bid U the Prices d be resolved in favor of the Bid Unit Prices. Discrepancies I favor sum of any column of figures and the correct �words ad be be res d sued in of the correct sum. Discrepancies between favor of the words. Price for each D. Bidders may submit a Bid on proposed Substitute�e Total ase B Bid, if accepted by Substitute Item shall be the price deducted from combination accepted of the Owner. In the evaluation choose not o accept Owner may select Substitute Items. Substitute Items or may I E. Bids will be compared on the basis of the "Adjusted s BiddeotalTBase msof the Total amount will be the basis for determining the lowest I Base Bid and any combination of Substitute Items accepted by the Owner will determine the"Adjusted Total Base Bid." The Owner may choose to not accept any Substitute Item Bids. I 14.02 The Bid Price shall include such amounts as the Bide Contract proper roper for overhead e ead and profit on account of cash allowances, if any,named in I in Paragraph 11.02 of the General Conditions. I I 000055-07147-0 ©2007 Bonestroo,Rosene, INSTRUCTIONS TO BIDDERS Anderlik&Associates,Inc. 00200-8 I ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. ARTICLE 16 -MODIFICATION AND WITHDRAWAL,OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and lace indicated dlcated In the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids. ARTICLE 18 -BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form,but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. I I 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-9 INSTRUCTIONS TO BIDDERS I 19.02 Owner reserves the right to reject lanced or condiBonal Bids. Owner further reserves without limitation nonconforming, nonresponsive, unbalanced, the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and er evaluation to not be responsible. Owner may t of the Bid an l award to t�,hat believes that it would not be in the best interest Bidder. Owner also reserves the right to waive all informalities not involving price,time,or changes in the work and to negotiate Contract terms with the successful Bidder. an individual or entity under the same or different I 19.03 More than 1 Bid for the same work from Bidder has an names will not be considered. Reasonable grounds for believin g that any interest in more than 1 Bid for the work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids co pl be es with r the prescribed the data requirements and such Alternates,Bid Unit Prices, and other da may Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors,he identity oother ubcontractors, suppliers, proposed for those portions of the work for which �' lemeli I other individuals, or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed the suppliers, individuals, or entities to perform the work in accordance and all claims Contract Documents. As a condition of its Bid, Bidder is required to waive any of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made false and statements that can be shown by clear and convincing evidence to be intentionally made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. AR TICLE 20 - CONTRACT SECURITY AND INSURANCE I 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and 1Insurance. When the successful Bidder delivers the executed Agreement to Owner, accompanied by such bonds. 1 000055-07147 07N11/1147_0 en 2007 Bonestroo,Rosene, 00200-10 INSTRUCTIONS TO BIDDERS Anderlik&Associates,Inc. I ARTICLE 21 - SIGNIN G OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. I END OF DOCUMENT I 1 I I I I I 1 I I I I 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00200-11 INSTRUCTIONS TO BIDDERS I DOCUMENT 00300 INFORMATION AVAILABLE TO BIDDERS Portions of SEH Design/Build,gn/B Inc.Water Tank Evaluation Report and photos dated May 18,2006, used by the Engineer in the preparation of the Bidding Documents are attached to the end of this Project Manual. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. I END OF DOCUMENT I I I I I I I I I 000055-07147-0 © 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. INFORMATION AVAILABLE TO BIDDERS Bonestroo Rosene 0 BIDDER: �OCpN INC. Anderlik& Associates Engineers&Architects DOCUMENT 00410 BID FORM OAK PARK HEIGHTS 250,000 GALLON ELEVATED TANK REPAINT FILE NO.000055-07147-0 I OAK PARK HEIGHTS,MINNESOTA 2007 THIS BID IS SUBMITTED TO: City of Oak Park Heights,Minnesota City Hall 14168 Oak Park Boulevard Oak Park Heights,MN 55082-3007 1.01 The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of Bid Security. 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. 3.01 In submitting this Bid,Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents,and the following Addenda,receipt of all which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general,local,and Project Site conditions that may affect cost,progress,and performance of the work. C. Bidder is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost,progress,and performance of the work. D. Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site(except Underground Facilities)which have been identified in SC-4.02,and(2)reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. I 000055071470BIDFORM.xls 00410-1 BID FORM I I IE. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at or contiguous to the Project Site which may affect cost, I progress,or performance of the work or which relate to any aspect of 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 Bidding IDocuments to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are I necessary for the determination of this Bid for performance of the work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. I G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. I H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Project Site,reports and drawings identified in the Bidding Documents,and all additional examinations, investigations,explorations,tests,studies,and data with the Bidding Documents. II. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and Iconditions for the performance of the work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. I 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or , agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. � B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluation concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. I Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is Iintended to restrict Bidder's rights to challenge a contract pursuant to law. I 000055071470BIDFORM.xIs 00410-2 BID FORM 1 I 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s)set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. IUnit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. No. Item Units QtY Unit Price Total Price I BASE BID: II MOBILIZATION,MOVE IN AND OUT LS INCLUDING CLEAN UP 1 $ 5►�•� $ rJ',LY�.00 2 EXTERIOR CLEANING,SURFACE 1 $ Lot i // PREPARATION,DISPOSAL AND LS $ ��`' PAINTING AS SPECIFIED 3 INTERIOR WET CLEANING,SURFACE LS ��L� �`GAO IPREPARATION,DISPOSAL AND $ $ PAINTING AS SPECIFIED 4 INTERIOR DRY CLEANING,SURFACE LS I PREPARATION,DISPOSAL AND 1 $ ���' $ �i PAINTING AS SPECIFIED 5 STRUCTURAL REPAIRS AND LS MODIFICTIONS AS SPECIFIED IN 1 $ ►�' $ ►G�0 SECTION 15240-STEEL WATER RESERVOIR REPAIRS 6 ALLOWANCE FOR NON-SPECIFIED HR 85 $ WELDING AND GRINDING REPAIRS 90. $ 7,�°� PER SECTION 15240-STEEL WATER RESERVOIR REPAIRS 7 FULL,NEGATIVE-AIR LS 1 $ �2,�.� $ 6ZI CONTAINMENT 8 REGRADE SITE AROUND TANK TO LS DRAIN TO STORM BEEHIVE $ 3,COO.Qp $ 3,OOD,QO STRUCTURE 9 SODDING,LAWN TYPE WITH 4"OF SY 200 $ TOPSOIL $ �,f .� 10 4'X6'OVERFLOW SPLASH PAD LS 1 $ /,l,UO.C1� $ 1,000.Gb TOTAL BASE BID Z72, ,S .OD I I 00005507147OBIDFORMxIs 00410-3 BID FORM I No. Item Units Qty Unit Price Total Price I SUBSTITUTE ITEMS: ITEM: NONE MANUFACTURER: DEDUCT: ITEM: MANUFACTURER: DEDUCT: ITEM: MANUFACTURER: DEDUCT: I ITEM: MANUFACTURER: DEDUCT: I I I I 000055071470BIDFORM.xls 00410-5 BID FORM I I Business Street Address(No P.O.Box#'s): I Phone No.: Fax No.: A Corporation Corporation Name: L AO(pN,JNC. (SEAL) State of Incorporation: ANN m ESQ?A Type(General Business,Professional,Service,Limited Liability): eeN B.S(NESS / By: (Signature) Name(typed or printed): SARA &*1ME QFELD Title: Pegs'nr N7 Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address(No P.O.Box#'s): 1L3 ZvE.(ZvIELJACP..ES 2o., Nur nii Phone No.: 115. Si9.5b3I Fax No.: /15.549.5119 A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name(typed or printed): I 000055071470BIDFORM.xls 00410-7 BID FORM I I Title: 1 Business address: I Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name(typed or printed): ITitle: Business Street Address(No P.O.Box#'s): I Phone No.: Fax No.: Phone and Fax Number,and Address for receipt of official communications: I (Each joint venturer must sign. The manner of signing for each individual,partnership,and corporation that is a party to the joint venture should be in the manner indicated above). I 1 I I OOOO55O7147OBIDFORM.xIs 00410-8 BID FORM I I BIDDER'S S QUALIFICATION STATEMENT 1. The Name,Address,and Phone Number of the Bidder. Name: : I Q(• 4 Address: P.11 go' Phone: _ 15 •9 ' 2. Years in Business: 3. List of plant,equipment,and motorized equipment available for this project. Attach as separate if necessay. i Ilk I t4. List of equivalent type projects J is performed within the last 4 Years. Attach as separate if necessay. 3) lj Name: G LF?fd/� 1rr` LAST Date: Contact person: ' Telephone: Decription of project; Capacity of Water Tank: 2) Name: Date: Contact Person: Telephone: Decription of Project: Capacity of Water Tank: Name: Date: Contact Person: Telephone: Decription of Project: er Tank: Capacity of Wat 4) Name: Date: Contact Person: Telephone Decription of Project: Capacity of Water Tank: I 000055071470BIDFORM.�ds 00410-9 BID FORM I 111 5) Name: I Date. Person: Telephone: IDecription of Project: Capacity of Water Tank: 5. List of person(s)who will supervise and be available for the work of this Project and number of years experience. Names: Superintendent: . Years of Experience. Foreman: 1 II • J y Personnel: a III /:rr ∎ P , i I 6. Each Bidder shall enter in the spaces provided the names of major subcon classification or type of work they will perform. tractors he proposes to employ and IA T tal Contract o ac Pricetor is defined as a subcontractor whose subcontract constitutes Total su Price. Mutes approximately 5 percent or more of the 1 SUBCONTRACTOR WORK I IIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIII t 7. Such additional information as will assist the Owner in determinin eparate if necessary, g whether the Bidder is ad • adequately Prepared to fulfill 1 I 000055071470g1DFORMx1s 00410-10 BID FORM I I 8. The undersigned hereby authorizes and requests an by the Owner i verification hereby of the recitals and requesisin any peon'firm or corporation g this statement of Cotracor'smrmsh any information requested I qualifications. 9. State the true,exact,correct,and complete name of the business,the the address of the place of complete name (If a ce partnership,to a name,or he President name t andr ecret you do rporation,state the name o f�e president and Secretary. If a Correct Name of Bi der (a) The Business is a i V1� •! III/, (b) The address of prinicipal place of business is: ,a• •. (c) Phone Number / i • • • iii (d) The name of the corporate officers,partners,or individuals doing business under a trade name,are as follows: I 0. Dated at this_ 7Q� day of � � 2007. 1 By: / A-- ���4G___� Attest: L IEND OF DOCUMENT I I I I 0000ss071470B1DFORMAls oo41au I BID FORM I ' Unitiva Company p ny 1 BID BOND Approved by The American Institute of Architects, A. I.A. Document No. A 310 February 1970 Edition KNOW ALL BY THESE PRESENTS, that we LeadCon, Inc.,P.O, Box 907 IASALTY.COMP as Principal, hereinafter called the he Prncipal, and the UNI the Se AN', a corporation duly organized under the laws of the State o f IOWq, as Surety, hereinafter called TED FIRE& CU ty, are held and firmly bound unto Ci of Oak Park Hei.hts, MN in the sum of Five Percent of Amount.Bid----__ -as Obligee,hereinafter called the Obligee, ($ e s of Amt Bid - ______-- - - -------------- -------------------------------------------------- for the payment of which sum well and truly to be made, the said Principal bind ourselves, our heirs, executors, administrators, successors and Dollars WHEREAS, the Principal executors,u ors, administrators, a bid for d assi s nnnly and the said presents. l Oak ERE P assigns, and l severally,Elevated firmly R by Surety, Hei_ ts, MN Oak Park Hei:hts 250,000 Gallon Elevated T y y these presents. Tank Re�aint, i NOW, THEREFORE, if the Obligee shall accept the bid of the Principal the Obligee in accordance with the terms of such bid, and give such I bonds nd the Principal shall enter in then contract r with contract documents with good and ssurety for the faithful performance of labor and documents furnished in the su sufficient ci prosecution t surety thereof,or the h bond or ce o f such may be specified in the bidding mp payment and give and bond or bonds,r furnished d in the Principal shall pay p rmance of ureh f the and for the prompt or in the event of the failure of the Principal to enter such onk-act II the amount such or said bid and such larger amount y to the Obligee the difference not to exceed the penalty hereof between to perform the work covered by nt for which the Obligee may in good faith contract with effect. y said bid, then this obligation shall be null and void, otherwise to remain party Imm full force and Signed and sealed this 15�' f day of March A.D. 2007 / LeadCon,Inc. L (Witness) (Seal) By, —tee Sara Sommerfeld, President United Fire& Casual Com an (Seal) (Witness) i All tto A . lid •\ta ,;41', i C Kristin M.Bako tto ey-In-Fact 3570 No, Lexington Ave. St. Paul, MN 55126 UND-3082b(1-91) (651) x'64-6461 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ICOUNTY OF On this day of II personally appeared , before me to me known to be the person I bond, and acknowledged that described in and who executed the forgoing act and deed. ---- he executed the same as g Ifree INotary Public CORPORATION ACKNOWLEDGMENT t STATE OF /SCOA/Al COUNTY OF Sr, CO/X On this personally came day of —ASH _ Z , before me I who being by me duly sworn, did depose and say; that he is to me known, r-s,rx�I-� Y ;is the the corporation described ' of of said corporation; of ''odgi ''which executed the above instrument; that he knows the seal signed his name there/ 4 '9 ' of the Board of Directors of said corporation, and that he . , ,`,S.o?,,, d I,_,.� , �� ...t Notary Public �. t1:. u' se a ii I01 �'/ 1 SURETY ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF Ramsey IOn this 15th day ay of March , 2_ , before me duly sworn, did say that h 1 is the Bakos to me personally known, who, being of Fire & Casualty Company that the seal affixed to the foregoing instrument is the co o Cedar Ra @ids, Iowa that the said instrument was signed � ration seal of said co oration; g d and sealed on behalf of said corporation by authority of Iits Board of Directors; and he did also acknowledge that he execu the free act and deed of said Company ted the said instrument as � � "-� ,/ Notary Public ?>�, SANDRA K. SMITH S 't •= NOTARY PUBLIC-MINNESOTA me My Commission Expires Jan.31,2010 k UNITED FIRE. CASUALTY COMPANY HOME OFFICE:_CEDAR CERTIFIES COPY RAPIDS, IOWA- (Original on'file.at Home O e o�Corn OF A;TTO RNE KNOW ALL MEN pany-See Certification) under the laws of thEe State PRESENTS That the UNITED.FIRE& I of Iowa,°antl having its;principal.office in Cedar Ra 7Y'CO JOHN th `laws of OR Joxiv ;ANY a.C° orat►o I PAUL MN e• KLEIN K , OR S1'EPfIN..M. pids State of Iowa; does mate uly organized acid e�cistirrg '' KLEIN, o KR)ST,.IN C4nStrtUte and.,appoint Of szNx its true.and lawful Att. undertakings and Other Fact:with power and authorit her and to brntl U an r'instruments of similar nature as felllows::ferred to s duly authorized ofFic�rs o�IJNiTED FIR X�n a rgn, seal and�eCuter0 its bah t :. AL.TY COMPANY#hereb y �`� All'.Bonds; elf all lawful bonds,. given are hereby ratified and confirmedE&C Y: as fully and to the same extent as if such instruments w ASUA ,TY COIVFPANY:and at!the acts;of saitl Attorney, The Authority hereby granted:.is ere signetl by the CASUALTY CC}II/IP,gNY. s continuo. Y pursuant to the authors us and shall remain in full force and effect:;'until revoked by baby This power of A Directors of the Go tt°rnA ril made and executed Y UNITED FIRE& rrtof A rr April 18 a an Pursuant to and b Y autharrty of the'following sy Law dul Section 2, Appointment°f AttOrneyArt c e Va-S Y adopted b from time to time a uF Y`•Bonds at. utT.. .. ge Y Board of ppornt b The President or an A insurance bonds un y written certificates attorneys-in-fact to act in behalf of th de.:inpy gb and other obligatory instrume Y�1Ce President or any other officer of the Compan and the e bonds final the Company in fhe execution eifher authorrzedhereb !nay be affixed b nts of like nature. The signature of any officer au Y may Y srreh signature and siimile to so used bee of policies of such officer and the origrtlS ch s of Company, Y power of rig adopted special Cower n a s the thou h thorized hereby 9 manually affixed Such attf the Coin fact ny,s to jest valid d and binding b Y or=rce ai ateoe of:; shall have;full power to bind the Co Y the Company asthe orrginat.slgnafurn pf to Co g upon the Company spe the same force n. mpany thereto, Company by their signature and execution any such their res any time revoke all o eh and President or an pensive ce i a effect as p y Vice President, the Board of Directors or ystrumen rtfe tos p authority y previously given to any any other officer of the Gotnpan seal Of (44,, " IN:wITN� S Y attorney-in-fact. W�IREOF the UNITED FIRE 8 C Y nay at its yr 11 presrdentane its , the UN TED to be ASUALTY CO I , ;: tE hereto affixed this let d has caused These 1st da present$:to be signet b iYL � Y of Fel�ruaY y r 2t10i# y UNITED FIRE�'r""���, CASUALfiY COMP State of Iowa, Countyof Linn ss a ANY on 1st By r' D'-""„� day of •Feb V. President to 1 known, wh ruary. 2004; before President of the U being by rhe dul me personally IVITEb F Y sworn, did depose and sa y came Randy A. Ramlo he knout the seal of said cORrporat on•that the sOal y; that he resides in Cedar Rapids State e f I to authority MPANY the corporation described in and which execu Y given by the Board of affixed to the said instrument is such cow or owe that he is a Vrc . acknowledges same,to b Directors of said corporation and that he si rind tetl the ate e the act and,deed of said cor. t rte sear,that it as s� f ed pus of .w" c orateon. 9 his name thereto pursuant towl ike authority and ?Arrt wAoofLt CQMMI8810N N4MDL+A T 1 � .• f MY�DbMl88fI R 71e 7 ow �._ Notary Public-, MY commission expires `'lp/26/200.7 I I, the undersigned,officer of the::UNI the POwerof Attorney and aadavrf UNITED FIR with the under ! E S CASUALTY CO �NAt.S ON•FILE fN' ' and the copy of the. MPANY do hereb the whore of the.Seed ong ears, and t at tthhe sap. Section:.of the.by laws of sa d CoMpant 1 have fo ME OFFICE OF SAID CO mparnd thy,s teeeof in iit ;of CORPORATE s ony•Wh day of reunto 20 y n me<and affixed the corporate seal of the effect I •L �' lsJr�L 11': ': ----:. said C°m an .�� p y Se Asa BOND0019 0802 01 ..• ry ' N327p B I LEADCON,INC. EQUIPMENT LIST Dust Unit,40,000 cfm 2 each ' Sand Pot,8 ton 6 each Air Compressor, 1300 cfm' 2 each Air Compressor,975 cfm 1 each Paint Pump,King' Ki 6 each Pressure Washer,3200 cfm 1 each I Welder 2 each Containment System,Teepee 2 each Interior Tank Boom Equipment 4 each Spider Baskets 8 each I I I I I I I 1 PROJECT REFERENCES LEADCON,INC. City: Anoka,MN Engineer. SEH Engineering—Lee Dombusch 111 Phone: (651)490-2000 Capacity: 500,000 Gallon Date: 2006 City: Alexandria,MN Engineer: KLM Engineering—Jack Kollmer Phone: (651)773-5111 Capacity: 300,000 Gallon Date: 2006 City: USS Corporation Engineer: KCI Engineering—Robert Kollmer Phone: (651)462-7266 Capacity: 300,000 Gallon Date: 2006 City: Foley,MN Engineer SEH Engineering—Lee Dombusch Phone: (651)490-2000 Capacity: 250,000 Gallon Date: 2006 City: Bemidji,MN Engineer: KLM Engineering—Jack Kollmer Phone: (651)773-5111 Capacity: 500,000 Gallon Date: 2005 City: Shoreview,MN Engineer: KLM Engineering—Jack Kollmer Phone: (651)773-5111 Capacity: 1,000,000 Gallon Date: 2005 City: Mtn.Iron,MN Engineer: KLM Engineering—Jack Kollmer Phone: (651)773-5111 Capacity: 500,000 Gallon Date: 2003 111 City: Mtn.Iron,MN Engineer: KLM Engineering—Jack Kollmer Phone: (651)773-5111 Capacity: 1,000,000 Gallon Ground Storage Reservoir Date: 2003 City: Inver Grove Heights,MN Engineer: KLM Engineering—Jack Kollmer Phone: (651)773-5111 Capacity: 1,000,000 Gallon Date: 2003 1 I DOCUMENT 00520 ' AGREEMENT FORM ' THIS AGREEMENT is by and between the City of Oak Park Heights, Minnesota (hereinafter called Owner) and LeadCon, Inc. (hereinafter called Contractor). Owner and Contractor,in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK ' 1.01 Contractor shall complete all work as specified or generally described as follows:repairing and repainting of a 250,000 gallon elevated storage age t nk.work is ARTICLE 2—THE PROJECT ' 2.01 The Project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: Oak Park Heights 250,000 Gallon Elevated Tank Repaint Project for the City of Oak Park Heights, Minnesota. tARTICLE 3-ENGINEER 3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in 1 connection with the completion of the work in accordance with the Contract Documents. ARTICLE 4- CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones,if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. ' 4.02 Dates for Beginning Construction A. The work will be allowed to begin on the reservoir as soon as possible, at which time the Owner will drain the tank for the Contractor to begin repairs and painting. 4.03 Dates for Substantial Completion and Final Payment 1 A. The work will be Substantially Completed on or before June 20, 2007, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before July 3, 2007. I 000055-07147-0 © 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00520-1 AGREEMENT FORM I 4.04 Liquidated q ated Damages IA. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in Paragraph 4.02 above, plus I any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor shall pay 111 Owner$1,000 for each day for the first 10 days and$2,000 for each day after day 10 that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining I work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,000.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the work is completed and ready for Final Payment. ARTICLE 5- CONTRACT PRICE I5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in current funds as follows: For all work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Two Hundred Ninety-Six Thousand Six Hundred Fifty Dollars i and Zero($296,650.00) for the Total Base Bid plus Alternate Nos.1 and 2. ARTICLE 6-PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of I Contractor's Applications for Payment, monthly during performance of the work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price work based on the number of units completed)or,in the event there is no Schedule of Values,as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the I percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages,in accordance with Paragraph 14.02 of the General Conditions: Ia. 95 percent of work completed(with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the work (with the balance being retainage). I 000055-07147-0 © 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00520-2 AGREEMENT FORM I 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's estimate of the value of work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance ptance of the work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7-INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8- CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Project Site and become familiar with and is satisfied as to the general,local, and Project Site conditions that may affect cost,progress, and performance of the work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress, and performance of the work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. 000055-07147-0 © 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00520-3 AGREEMENT FORM I F. Contractor does not consider that any further examinations, investigations, explorations, studies, or data are necessary for the performance of the work at the Contract Price, within and in accordance with the other terms and conditions of the Contract Documents. p orations, tests, the Contract Times, I G. Contractor is aware of the general nature of work to be performed by Owner and Project Site that relates to the work as indicated in the Contract Documents. others at the I H. Contractor has correlated the information known to Contractor, information an obtained from visits to the Project Site, reports and drawings identified in the Contract additional examinations,investigations,explorations, tests, studies,and data with and observations Documents, and all I th the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors discrepancies that Contractor has discovered in the Contract Documents, and the written Engineer is acceptable to Contractor. ambiguities, or II resolution thereof by J. The Contract Documents are generally sufficient to indicate and convey understanding terms and conditions for performance and furnishing of the work. of all ARTICLE 9- CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: I 1. This Agreement. I2. Performance Bond,Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. I5. Specifications. 6. Drawings bearing the following general title: Oak Park Heights 250,000 G I Elevated Tank Repaint. Gallon 7. Addenda(None). 8. Exhibits to this Agreement 1�' (enumerated as follows): Ia. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may bed delivered ehretod or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. 000055-07147-0 I © 2007 Bonestroo,Rosene, Anderlik&Associates,Inc, 00520-4 AGREEMENT FORM I I Ib. Work Change Directives. c. Change Order(s). IB. The documents listed in Paragraph 9.01.A are attached to noted otherwise above), this Agreement (except as expressly IC. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as rovided m I Paragraph 3.04 of the General Conditions. P ARTICLE 10-MISCELLANEOUS 10.01 Terms II A. Terms used in this Agreement will have the meanings stated in the General Supplementary Conditions. Conditions and the 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding I on another party hereto without the written consent of the party sought to be bound; and without limitation, moneys that may become due and moneys that are due may not be assigned without consent (except to the extent that the effect of this restriction may be limited by � and, specifically but I stated to the contrary in any written consent to an assignment, no assignment will release out suhh Y la�v), and unless specifically assignor from any duty or responsibility under the Contract Documents. eas or discharge the I10.03 Successors and Assigns A. Owner and Contractor each binds itself, its I representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to partners, successors, assigns, and legal all covenants, agreements, and obligations contained in the Contract Documents. P I10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under an 1 Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such any provision or part thereof with a valid and enforceable provision that comes as close and binding the intention of the stricken provision. p h stricken I ose as possible to expressing I I 000055-07147-0 © 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00520-5 AGREEMENT FORM I IIN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One (1) counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on 9 APPU ,2007(which is the Effective Date of the Agreement). I Owner: Contractor: I Cit • ' O. Pc_�'•u hts Minneso . LeadCon Inc. B; ./414 / By: _de!._ _i At. —:.—, Attest is lz / . ` g. Attest Addres 4r giving notices: Address for giving notices: IPO. Fmx 430'7 N, n)I 544IL License No. AV A (Where applicable) Designated Representative: Designated Representative: I Name: SA 1ZA S&MM�FEL.D Name: Title: PI2ESI DES I Title: Address: Address: Pb. 6'0x '90-7 ' 14n U) .540 iL Phone: IPhone: 715. S49.51,3 I Facsimile: Facsimile: -1rS, 649. 61,,L9 I END OF DOCUMENT I 000055-07147-0 I © 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00520-6 AGREEMENT FORM I PERFORMANCE BOND iAny 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): 1 OWNER(Name and Address): ICONTRACT Date: i Amount: Description(Name and Location): BOND Bond Number: 44 Date(Not earlier than Contract Date): itAmount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed onr the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. I CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: 1 Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: ,''. Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: I Signature and Title (Attach Power of Attorney) r Attest: Signature and Title: EJCDC No.C-610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General , Contractors of America,and the American Institute of Architects. I00610-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 6. After Owner has terminated Contractor's right to complete the Contract,and if executors,administrators,successors,and assigns to Owner for the performance of Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the responsibilities the Contract,which is incorporated herein by reference. 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 2. If Contractor performs the Contract, Surety and Contractor have no obligation under the Contract. To a limit of the amount of this Bond, but subject to under this Bond,except to participate in conferences as provided in Paragraph 3.1. 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: 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 3.1. Owner has notified Contractor and Surety,at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor 6.2. Additional legal, design professional, and delay costs resulting from Default and has requested and attempted to arrange a conference with Contractor's Default, and resulting from the actions or failure to act of Contractor and Surety to be held not later than 15 days after receipt of Surety under Paragraph 4;and such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable 6.3. Liquidated damages, or if no liquidated damages are specified in the time to perform the Contract, but such an agreement shall not waive Contract, actual damages caused by delayed performance or non- Owner's right,if any,subsequently to declare a Contractor Default;and performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated 7. Surety shall not be liable to Owner or others for obligations of Contractor that Contractor's right to complete the Contract. Such Contractor Default are unrelated to the Contract, and the Balance of the Contract Price shall not be shall not be declared earlier than 20 days after Contractor and Surety reduced or set off on account of any such unrelated obligations. No right of action have received notice as provided in Paragraph 3.1;and shall accrue on this Bond to any person or entity other than Owner or its heirs, executors,administrators,or successors. 3.3. Owner has agreed to pay the Balance of the Contract Price to: 8. Surety hereby waives notice of any change, including changes of time, to 1. Surety in accordance with the terms of the Contract; Contract or to related subcontracts,purchase orders,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the 9. Any proceeding, legal or equitable, under this Bond may be instituted in any Contract. 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 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly within two years after Contractor ceased working or within two years after Surety and at Surety's expense take one of the following actions: 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 4.1. Arrange for Contractor, with consent of Owner, to perform and of limitation available to sureties as a defense in the jurisdiction of the suit shall be complete the Contract;or applicable. 4.2. Undertake to perform and complete the Contract itself, through its 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the agents or through independent contractors;or address shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable 11. When this Bond has been furnished to comply with a statutory requirement in to Owner for a contract for performance and completion of the Contract, the location where the Contract was to be performed, any provision in this Bond arrange for a contract to be prepared for execution by Owner and conflicting with said statutory requirement shall be deemed deleted herefrom and Contractor selected with Owner's concurrence, to be secured with provisions conforming to such statutory requirement shall be deemed incorporated performance and payment bonds executed by a qualified surety herein. The intent is that this Bond shall be construed as a statutory bond and not as equivalent to the bonds issued on the Contract, and pay to Owner the a common law bond. amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor 12. Definitions. Default;or 12.1 Balance of the Contract Price: The total amount payable by Owner to 4.4. Waive its right to perform and complete, arrange for completion, or Contractor under the Contract after all proper adjustments have been obtain a new contractor and with reasonable promptness under the made, including allowance to Contractor of any amounts received or to circumstances: be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled,reduced by all valid and proper 1. After investigation,determine the amount for which it may be liable payments made to or on behalf of Contractor under the Contract. to Owner and,as soon as practicable after the amount is determined, tender payment therefor to Owner;or 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes 2. Deny liability in whole or in part and notify Owner citing reasons thereto. therefor. 12.3. Contractor Default: Failure of Contractor, which has neither been 5. If Surety does not proceed as provided in Paragraph 4 with reasonable remedied nor waived,to perform or otherwise to comply with the terms promptness, Surety shall be deemed to be in default on this Bond 15 days after of the Contract. 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 12.4. Owner Default:Failure of Owner,which has neither been remedied nor remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and waived,to pay Contractor as required by the Contract or to perform and Owner refuses the payment tendered or Surety has denied liability, in whole or in complete or comply with the other terms thereof. part,without further notice Owner shall be entitled to enforce any remedy available to Owner. FOR INFORMATION ONLY- Name, Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) 00610-2 1 I PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. ICONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER(Name and Address): IICONTRACT Date: Amount: Description(Name and Location): BOND IBond Number: Date(Not earlier than Contract Date): Amount: Modifications to this Bond Form: 1 Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY IICompany: Signature: (Seal) (Seal) IIName and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) I (Space is provided below for signatures of additional parties,if required.) Attest: I Signature and Title CONTRACTOR AS PRINCIPAL SURETY ICompany: Signature: (Seal) (Seal) IName and Title: Surety's Name and Corporate Seal By: Signature and Title I (Attach Power of Attorney) Attest: iSignature and Title: EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America,the American Institute of Architects,the American Subcontractors Association,and the Associated Specialty Contractors. 1 00615-1 I 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, 8. Amounts owed by Owner to Contractor under the Contract shall be used for executors, administrators, successors, and assigns to Owner to pay for labor, the performance of the Contract and to satisfy claims, if any, under any .; materials,and equipment furnished by Claimants for use in the performance of performance bond. By Contractor furnishing and Owner accepting this Bond, the Contract,which is incorporated herein by reference. they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under 2. With respect to Owner,this obligation shall be null and void if Contractor: this Bond, subject to Owner's priority to use the funds for the completion of the Work. 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants,and 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 2.2. Defends, indemnifies, and holds harmless Owner from all claims, payment of any costs or expenses of any Claimant under this Bond, and shall demands, liens, or suits alleging non-payment by Contractor by any have under this Bond no obligations to make payments to, give notices on person or entity who furnished labor,materials,or equipment for use behalf of,or otherwise have obligations to Claimants under this Bond. in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in 10. Surety hereby waives notice of any change, including changes of time,to Paragraph 12) of any claims, demands, liens, or suits and tendered the Contract or to related Subcontracts,purchase orders and other obligations. defense of such claims, demands, liens, or suits to Contractor and Surety,and provided there is no Owner Default. 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 3. With respect to Claimants, this obligation shall be null and void if part of the Work is located or after the expiration of one year from the date(1) Contractor promptly makes payment,directly or indirectly,for all sums due. 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 4. Surety shall have no obligation to Claimants under this Bond until: the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1)or (2) first occurs. If the provisions 4.1. Claimants who are employed by or have a direct contract with of this paragraph are void or prohibited by law, the minimum period of Contractor have given notice to Surety(at the addresses described in limitation available to sureties as a defense in the jurisdiction of the suit shall Paragraph 12) and sent a copy, or notice thereof, to Owner, stating be applicable. that a claim is being made under this Bond and, with substantial accuracy,the amount of the claim. 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, 4.2. Claimants who do not have a direct contract with Contractor: Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last 13. When this Bond has been furnished to comply with a statutory requirement performed labor or last furnished materials or equipment included in the location where the Contract was to be performed, any provision in this in the claim stating, with substantial accuracy, the amount of the Bond conflicting with said statutory requirement shall be deemed deleted claim and the name of the party to whom the materials or herefrom and provisions conforming to such statutory requirement shall be equipment were furnished or supplied,or for whom the labor was deemed incorporated herein. The intent is that this Bond shall be construed as done or performed;and a statutory Bond and not as a common law bond. 2. Have either received a rejection in whole or in part from 14. Upon request of any person or entity appearing to be a potential Contractor,or not received within 30 days of furnishing the above beneficiary of this Bond,Contractor shall promptly furnish a copy of this Bond notice any communication from Contractor by which Contractor or shall permit a copy to be made. had indicated the claim will be paid directly or indirectly;and 15. DEFINITIONS 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to 15.1. Claimant: An individual or entity having a direct contract with Owner, stating that a claim is being made under this Bond and Contractor,or with a first-tier subcontractor of Contractor,to furnish enclosing a copy of the previous written notice furnished to labor, materials, or equipment for use in the performance of the Contractor. Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to water, gas, power, light, heat, oil, gasoline, telephone service, or Contractor or to Surety,that is sufficient compliance. rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety Contractor's Subcontractors, and all other items for which a shall promptly and at Surety's expense take the following actions: mechanic's lien may be asserted in the jurisdiction where the labor, materials,or equipment were furnished. 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim,stating the amounts that are undisputed 15.2. Contract:The agreement between Owner and Contractor identified on and the basis for challenging any amounts that are disputed. the signature page, including all Contract Documents and changes thereto. 6.2. Pay or arrange for payment of any undisputed amounts. 15.3. Owner Default: Failure of Owner, which has neither been remedied 7. Surety's total obligation shall not exceed the amount of this Bond,and the nor waived, to pay Contractor as required by the Contract or to amount of this Bond shall be credited for any payments made in good faith by perform and complete or comply with the other terms thereof. Surety. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker: Owner's Representative(engineer or other party): 00615-2 1 I DOCUMENT 00800 SUPPLEMENTARY CONDITIONS 1; These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. II The terms used in these Supplementary Conditions have the meanings stated in the General I Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below,which are applicable to both the singular and plural thereof. IARTICLE 1 -DEFINITIONS AND TERMINOLOGY SC-1.01.A45 Add the following language at the end of the definition: 111 The work is considered Substantially Complete when the following have been completed: I All repairs made and all coatings applied. Reservoir has been disinfected and subsequent tests have passed. SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: 1 G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon(:) is used within sentences or phrases. itARTICLE 2 -PRELIMINARY MATTERS SC-2.01.B Delete Paragraph 2.01.B in its entirety and insert the following in its place: 1 B. Evidence of Insurance: Before any work at the Project Site is started, Contractor shall deliver to Owner, with copies to Engineer and to each additional insured identified in the I Supplementary Conditions, certificates of insurance, on forms acceptable to Owner, which reflect the proper evidence of insurance which Contractor is required to purchase and maintain in accordance with Article 5. ISC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and inserting the word"five." I I 000055-07147-0 I ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00800-1 SUPPLEMENTARY CONDITIONS 1 ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL I CONDITIONS,REFERENCE POINTS SC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: I C. In the preparation of Drawings and Specifications, Engineer relied upon the following report of physical conditions at the Project Site: 1. Elevated Reservoir Inspection Report Dated May 18, 2006, prepared by j SEH Design/Build, Inc., entitled"Water Tank Evaluation, 250,000-Gallon T Single-Pedestal-Sphere, Oak Park Heights Minnesota." D. Copies of reports and drawings itemized in SC-4.02.0 that are not included with Bidding Documents may be examined at the office of Engineer during regular business hours. . These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which the Contractor may rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer in the preparation of Drawings and Specifications. j ARTICLE 5 -BONDS AND INSURANCE SC-5.01 Add the following new paragraph graph Immedlately after Paragraph 5.O1.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC I Form C-610 and C-615 (2002 Edition)or a similar bond form if approved by Owner. SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: 1 B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such lit coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. I I I 000055-07147-0 1 CO 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00800-2 SUPPLEMENTARY CONDITIONS I SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: IC. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where Irequired by Laws and Regulations: 1. Worker's Compensation Insurance Coverage A- Statutory Coverage B - $500,000 Each Accident $500,000 Disease-Policy Limit I $500,000 Disease-Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit-Bodily injury and property I damage. All owned, non-owned, and hired vehicles. I4. Umbrella Excess Liability $1,000,000 Each Occurrence I $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide it excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. I 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. 1 Engineer. I I I 000055-07147-0 m 2007 Bonestroo,Rosene, IAnderlik&Associates,Inc. 00800-3 SUPPLEMENTARY CONDITIONS I SC-5.06.A Amend the first sentence of Paragraph a h 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire work at the Project Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC-5.06.A Add the following new item immediately after Item 5.06.A7: I 8. The Builder's Risk Insurance required herein shall apply to projects involving it construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions"with the words"Division 1 —General Requirements." SC-6.19.A Delete the words"representation of'in the second sentence. I ARTICLE 10-CHANGES IN THE WORK; CLAIMS SC-10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" I with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words"60 days"with the words"30 days." I I 000055-07147-0 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00800-4 SUPPLEMENTARY CONDITIONS 1_ ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the word"two years." ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.B5 Add the following new item immediately after Item 14.02.B5d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16—DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation,unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: SC-16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof(except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.B, but not including any claim in excess of$100,000, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions k Procedures of the American Arbitration Association then in effect, subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. I I 000055-07147-0 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00800-5 SUPPLEMENTARY CONDITIONS I B. The demand for arbitration will be filed in writing with the other party to the III PI Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period I specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to 1 g g o the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them)who is not a party to this Contract,unless: 1. in inclusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written ' explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. II E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of 1: the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. I END OF DOCUMENT I NI 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 00800-6 SUPPLEMENTARY CONDITIONS SECTION 01100 SUMMARY PART 1 - GENERAL I 1.01 SECTION INCLUDES A. Basic description of the Project and work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Oak Park Heights 250,000 Gallon Elevated Tank Repaint Heights, Minnesota. for the B. Description of Work: interior Work consists of cleaning, sandblasting and external surfaces; and miscellaneous structural repairs ofhee250,0 0 Gallon Elevated Tank. 250,000 1.03 COMPLETION DATES A. Beginning Construction on Reservoir: Set for__________,.............. I It th in the Agreement. .� B. Substantial Completion: Set forth in the Agreement. greement. C. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreeme 1.05 WORK RESTRICTIONS nt. A Use of Project Site: 1• Location of construction facilities, staging material storage, and temporary areas, product stockpiles, construction will be reviewed with the Engineer at Project Site meeting shall be removed upon completion of woork commencement of the work and 2• Contractor responsible for snow removal and property if necessary to maintain access from the Owner's construction. working space during 3• Keep existing driveways and to the Owner. and entrances clear and available to the public 000055-07147-0 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01100-1 SUMMARY I I on the west side of the tower 4. A walking trail connects to the drive entry barricades and sip-age to and the Contractor shall provide appropriate close this trail to the public to keep persons off of the Project Site. area north and west of the public works facility available There is an open obtain and pay for such space 5' If additional space is needed, for staging. off Project Site. 6. Care shall t taken to avoid any damage to adjacent structures located near and all concrete and bituminous surfaces o°�e�Pro Project ect is the Project Site required after Site. Project Site restoration shall be completed. B Beginning Construction: storage in the summer for the Owner, 1 begin as soon as the weather Due to the need reservoir will need to begi the dates listed weather the permits s inn complete the Project by permits in order to comp Agreement. C. Working Hours: through 1 Working hours shall be from 7:00 of any equipment. to 7:00 P.M., Monday � Saturday,which includes the running the City 2. Requests for expansion of working hours must be approved by Council. 3. Contractor shall submit all requests through the Engineer. PART2 -PRODUCTS Not Used. PART 3 -EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work an ect and included d costs of this Section shall be incidental to the Proj in the TOTAL BASE BID. I END OF SECTION 1 SUMMARY 000055-07147-0 Rosene, 01100-2 ©2007 Bonestroo, Anderlik&Associates,Inc• I ISECTION 01200 IPRICE AND PAYMENT PROCEDURES IPART 1 - GENERAL 1.01 SECTION INCLUDES IA. Administrative and procedural requirements for allowances, Alternates,pricing of work, and request for payment procedures. I1.02 ALLOWANCES 1 A. Cash allowances may have been included throughout the Specification Sections. These allowances are to be used for Bidding purposes. Allowance costs in excess of the funds provided shall be paid by Change Order.At closeout of Contract,allowance Ifunds not authorized for payment will be credited to the Owner by Change Order. 1.03 BID UNIT PRICES IA. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. 1 C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the work and thereby causes the materials II to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. I1.04 LUMP SUM BID ITEMS A. Unless specifically noted as a Bid Unit Price Item, all work shall be included in 1 or 1 more of the Lump Sum Bid Items. B. Lump Sum Bid Items shall be based on Base Bid Equipment and Materials. 1.05 PAYMENT PROCEDURES I A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. IB. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. I 000055-07147-0 ©2007 Bonestroo,Rosene, IAnderlik&Associates,Inc. 01200-1 PRICE AND PAYMENT PROCEDURES 1 C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01330 — Submittal I Procedures. PART 2 -PRODUCTS I Not Used. PART 3 -EXECUTION 3.01 MEASUREMENT AND PAYMENT I A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 I f I I I I 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01200-2 PRICE AND PAYMENT PROCEDURES SECTION 01310 PROJECT MANAGEMENT AND COORDINATION 1 PART 1 - GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Project Site. B. Project Utility Sources: Coordinate work with the following utility owners. The following utilities are known to be on the Project Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Telephone: Qwest. 6. Cable TV: ComCast. C. Owner requires 48 hour notice for all utility interruptions. 1.03 PERMITS A. Comply with the stipulations of the following permits,which have been applied for and will be furnished by the Owner: 1. Minnesota Department of Health(MDH) Report on Plans. B. Apply for,obtain,and comply ly with other permits,licenses,and approvals which may be required for the Project. I 000055-07147-0 ©2007 Bonestroo,Rosene, PROJECT MANAGEMENT AND Anderlik&Associates,Inc. 01310-1 COORDINATION I 1.04 CONSTRUCTION OBSERVATION A. Provide Engineer and Resident Project Representative a minimum of 48 hours notice I in advance of the need for establishing lines, grades, measurements, grade checks, and observation of work. B. A Resident Project Representative will be provided consistent with Section 09900- Painting. 1 C. Provide Engineer a minimum of 24 hours notice for welding,blasting, and painting work so that Engineer can arrange for specialized observation services. Engineer will be responsible for overall Project observation and all communications with Contractor. Specialized welding, blasting, and painting observation will be performed by KLM Engineering,Inc. I 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. I' Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. I B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General ■ Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330— Submittal Procedures. C. Progress Meeting Procedures: 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the work,identify and discuss Project related issues, and discuss near-term construction activities. 000055-07147-0 PROJECT MANAGEMENT AND C 2007 Bonestroo,Rosene, 01310-2 COORDINATION Anderlik&Associ I ates, nc. 1 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. 2. 3. 4. 5. Coordinate all work and subcontractors to avoid delays in construction progress. A work schedule shall be given to the City Public Works Director and the Engineer before any work is started so that draining of the tank can be properly scheduled. The tank will be drained by the City Staff upon request of the Contractor. Once drained, the Contractor shall expedite completion of this work to minimize the time that the tank is out of service in order to complete the Project in accordance with the accepted Bid. The Contractor shall provide Icontinuous diligent effort to complete the Project as soon as possible. 1 The Contractor shall be responsible for any incidental cleaning of the tank required after the tank is drained. It is expected that there will be some iron sludge on the bottom of the tank when it is drained. The sludge in the bottom of the tank shall be loaded into a truck and hauled away for disposal. This material and other material cleaned from the tank cannot be disposed of on Project Site and must be hauled away. The Contractor shall pay particular attention to the sand-blasting requirements with respect to containment and materials used as outlined in Section 09900 -Painting of the technical requirements. 1.07 SUBMITTALS A. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. PART 2 -PRODUCTS Not Used. PART 3 -EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000055-07147-0 ®2007 Bonestroo,Rosene, PROJECT MANAGEMENT AND Anderlik&Associates,Inc. 01310-3 COORDINATION I I I r III SUBMITTAL PROCEDURES PART 1 - GENERAL 1.01 SECTION INCLUDES SECTION 01330 A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCHEDULING A. PART Schedule Not Used. submittals consistent with the Contractor's schedule of shop drawings. ART 2 -PRODUCTS PART 3 -EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch x 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1• 2. 3. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. Provide space for revisions and notations. 4. 5. Identify interrelations between activities. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. 000055-07147-0 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01330-1 SUBMITTAL PROCEDURES I 3.06 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Project Site. 3.07 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. N END OF SECTION 1 I I i I I I I 1 i j 000055-07147-0 SUBMITTAL PROCEDURES ®2007 Bonestroo,Rosene, 01330-4 Anderlik&Associates,Inc. I I IIISECTION 01400 UALI_. RI✓OUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES I A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation I: Specifications,such reference shall mean"Standard Specifications for Construction," 2000 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer"is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of work, submit testing laboratory name for various specified tests for approval by Engineer. B. Submit copies of laboratory test results or analysis consistent with Section 01330— Submittal Procedures. C. Manufacturer's certificates of quality control or performance. 1.04 WORKMANSHIP A. Comply 1 with industry try standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise i workmanship. 1.05 TESTS AND INSPECTIONS 1 A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. I B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. I 000055-07147-0 I C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01400-1 QUALITY REQUIREMENTS I Provide incidental labor and facilities to obtain and handle samples at Project Site or C. to laboratory,and facilitate tests and inspections for storing source,transport samples and curing of test samples. TORY REPORTS 1.06 LABORATORY A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Inclof ude:Date issued,Project Title and number,name of inspector, date and ti and ti sampling or inspection,identification of product and Specifications in the Project,type of inspection or test,date of test,results of tests,and conformance with Contract Documents. 1.07 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer,provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop work. 1.09 MANUFACTURER'S S CERTIFICATES A. If re uested by Engineer, submit manufacturer's certificate it drawings certifying that products meet or exceed specife rq u requirements executed by responsible officer. 1.10 MANUFACTURER'S S FIELD SERVICES 1 Provide qualified representative to observe field conditions; conditions of surfaces A. start-up of equipment;and test,adjust, and installation;quality of workmanship; balance of equipment. 000055-07147-0 QUALITY REQUIREMENTS ©2007 Bonestroo,Rosene, p, 01400-2 Anderlik& Inc.nc. I I PART 2 -PRODUCTS Not Used. PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I I I I I I 1 I I 000055-07147-0 1 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01400-3 QUALITY REQUIREMENTS DOCUMENT 00610 , Bond #54-164738 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): LeadCon, Inc. United Fire&Casualty Company PO Box 907 118 2nd Ave. SE,PO Box 73909 Hudson, WI 54016 Cedar Rapids,IA 52407 OWNER(Name and Address): City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 CONTRACT Date: April 9, 2007 Amount: $296,650.00 Description(Name and Location): Oak Park Heights 250,000 Gallon Elevated Tank Repaint Project Project No. 000055-07147-0 BOND Bond Number 54-164738 Date (Not earlier than Contract Date): April 9,2007 Amount: $296,650.00 Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. CONTRACTOR AS PRINCIPAL SURETY Company: LeadCon,Inc. - (Seal) United Fire&Casualty Company (Seal) Surety's Name 'I..• ate Seal Signature: By: ✓fav Name and Title: Sara Sommerfeld resident y Signature and itle: Stephen M.Klein,Attorney-In-Fact (Attach Power of Attorney) KLEIN AGENG t 1114 1570 N.Lexington Av Attest: i�'"�17 2,.t.Paul,MN 5512 (Space is provided below for signatures of additional parties, Sign Lure and Title 'C.;'1 484-(3 461 if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Surety's Name and Corporate Seal Signature: Name and Title: By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC NO. C-610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America and the American Institute of Architects. 00610-1 1. The Contractor and the Surety, heirs, executors, and thtrators, successors intlan nsever lly, bind themselves, their the 6. After the Owner has elecs to terminated the under a grail 4.1,4.to 2,or 4.3 above, the performance of the Contract,which is incorporated herein by reference. Contract,and if the Surety elects to act under paragraph shall not t be or eat r t 2.If the Contractor performs the Contract,the Surety and the Contractor have no then the responsibilities of the Surety to the Owner shall not be those of the Contractor under the Contract,and the responsibilities of the Owner obligation under this Bond, except t participate in conferences as provided in ft the than obligation 3.1. to the limit of shall not t of this Bond,than those je the Owner under the the Owner To a limit of the amount of this Bond,but subject to commitment by the Owner 3. If there is no Owner of the Balance of the Contract Price to mitigation of costs and damages on the caner Default, the this Bond shall arise after: e Surety's obligation under Contract,the Surety is obligated without duplication for: 3.1. The O 6.1. The responsibilities of the Contractor for correction of defective Owner has notified the Contractor and the Surety described in Work and completion of the Contract;at paragraph 10 below, that the e in the addresses tac is Additional ul,eand design professional and s or failure to act from 6.2.Contractor Default and has requested and attempted and considering n g declfrreg a the Contractor's Default,and resulting from the actions or failure to act of the with the Contractor and the Surety to be held not later than fifteen days after P to arrange a conference with the of such notice and d he Sur y to be held performing than the fifteen days If ft the Surety under Liquidate 4;and Ownpt the such notice tod the Sure agree, 6.3. Liquidated damages, or if no yq delayed performance are epeorfied in reasonable time to perform the Contract,but such an agreement ashall notwai a the Contract, actual damages caused b the Owner's right,if any,subsequently to declare a Contractor Default;and performance of the Contractor. by delayed performance or non- Owner, The Owner has declared a Contractor Default and formally the 7. Theo that shall not at liable tto he the Owner and others an obligations of hC of act terminated the Contractor's right to complete the Contract. Such Contractor Contractor that are unrelated to the Contract and the Balance to the Contract Default shall not Contractor's declared earlier than twee Price shall not be reduced or set off on account of an the Surety have received notice as provided in paragraph 3.1;and Contractor and act 3.3. The Owner has agreed to pay the Balance of the Contract Price to: No right of action shall accrue on this Bond ton any such unrelated obligations. 1. Owner or its heirs,executors,administrators,orsuccessors. or entity other than the The Surety in accordance with the terms of the Contract; 2. Mother contractor inaacc selected with he terms to s of the Contract;n to 8. The Surety or to waives notice of any change,r including other obligations ti time,to perform the Contract. the Contract or to related subcontracts,purchase orders and other obligations 4. When the Owner has satisfied the conditions of paragraph 3,the 9. Any proceeding,legal or equitable,under this Bond may be instituted in any promptly and Owner at the Surety's satisfied t expense take one conditions the paragraph actions:Surety shall 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 4.1. Arrange for the Contractor,with consent of the Owner, to perform or within two years after the Contractor ceased working or within two years after and complete the Contract;or P the Surety refuses or fails to perform its obligations under this Bond,whichever 4.2. Undertake to perform and complete the Contract itself, throw h its occurs first. If the provisions of this paragraph are void prohibited by law,the agents or through independent contractors;or g minimum period of limitation available to sureties as a defense in the jurisdiction 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for of the suit shall be applicable. Contract, to the Owner n a r contract to contract t for performance for execution co the Owner and performance and completion the Owner r and el Notice the the Surety, the Owner or the Contractor shall be mailed the Contractor selected with the Owner's concurrence, to be secured with performance and a delivered to the address shown on the signature payment bonds executed by qualified stature page. or performance bondsissued on the meat bonds dud y a ualified surety equivalent to the iss in paragraph nhContract,6 in and pay to the Owner ttheC amount ct p Price as in When this Bond has been furnished was be tp rf by the Owner resulting from the Contractor Default;or g m the location where the Contract was be l be with a statutory requirement 4ed Waive its right conflicting performed,any provision in this Bond g with said statutory requirement shall be deemed deleted herefrom and obtain a gut to perform and complete,arrange for completion,or provisions conforming to such statutory requirement shall be deemed new contractor and with reasonable incorporated not as a common The intent is that this Bond shall be construed as a statutory circumstances; promptness under the 1. After investigation,determine the amount for which it may be bond efd not as a common law bond. liable to the Owner and,as soon as practicable after the amount is determined,tender payment 12. Definitions. 2. Deny liability in whole orment therefor to the Owner;or reasons therefor. part and notify the Owner citing 12.1• Balance of the Contract Price: The total amount Owner to the Contractor under the Contract after all proper adjustments have payable b 5. If the Surety does not proceed as been made,including allowance to the Contractor of any promptness, the provided in paragraph 4 be received by the Owner in settlement of insurance or other Claims amounts for damages Surety shall be deemed to be in default on this with reasonable pros afters, the of an shall additional deemed notice be i from the Owner to made too the behalf of is entitled, reduced b days of after that the Surety made to or Contract:behalf of the agreement under end the Owner cltd ann proper pnymentr Owner shall be entitled t enfor e anysremeidations under this Bondhe Surety 12.2. Contract: The and the identified on the signature page including all Contract Documents ode hanger Surety shall be entitled pd to en in remedy available to the Owner. If the payment tendered as or the Surety has deagd , and the Owner refuses the thereto. paymr t end the Owner Buret be has dense liability,enforce any remedy apart,without 12.3. Contractor Default: Failure of the Contractor,which has neither been Owner, remedied nor waived, to perform or otherwise to comply Contract. p y with the terms of the 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. OWNER'S REPRESENTATIVE: Bonestroo SURETY AGENCY OR BROKER: 2335 Highway 36 W Name: Klein A:etc ,Inc. MN 55113 Address: 3570 N Lexin ton Ave. , Suite 206 St.Paul Phone: 651-636-4600 St.Paul,MN 55126 Phone: 651484-6461 EJCDC No C-610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Join General Contractors of America and the American Institute of Architects. t Contract Documents Committee,the Associated 00610-2 DOCUMENT 00615 Bond #54-164738 Payment Bond Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable CONTRACTOR: (Name and Address): LeadCon, Inc. SURETY(Name and Address of Principal Place of Business): PO Box 907 United Fire&Casualty Company Hudson, WI 118 2nd Ave. SE,PO Box 73909 Cedar Rapids,IA 52407 OWNER(Name and Address): City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 CONTRACT Date: April 9, 2007 Amount: $296,650.00 Description(Name and Location): Oak Park Heights 250,000 Gallon Elevated Tank Re Project No. 000055-07147-0 paint Project BOND Bond Number 54-164738 Date (Not earlier than Contract Date): April 9, 2007 Amount: $296,650.00 Modifications to this Bond Form: None Surety and Contractor,intending to be legally bound hereby, subject to the terms printed on the rever se side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representativ CONTRACTOR AS PRINCIPAL e' Company: LeadCon Inc. SURETY (Seal) United Fire&Casualt Com an (Seal) Surety's Name 4 0 •0 ►,,,•„ate Seal Signature: / 'f Name and Title: Sara Somme,President By: "La " Signature and Title: Stephen M.Klein,Attorney-In-Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties, Attest: - KLEIN AGENCY,, VNC_ if required.) Sina re an. Title 1" 70 N.Lexington Ave rAui, ' ' 551 CONTRACTOR AS PRINCIPAL '\ 484(45 Company: SURETY (Seal) Surety's Name and Corporate Seal (Seal) Signature: Name and Title: By: Signature and Title: (Attach Power of Attorney) Attest: EJCDC NO. C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Ce and Title General Contractors of America and the American Institute of Architects. ontract Documents Committee,the Associated 00615-1 1. Contractor and the Surety,jointly and severally,bind themselves,their heirs, a 1. Contractor fadministrators,r ad h Surety,jointly and severally, to the themselves,l pay for labor, executors, and equipment furnished for and assigns the performance the O to pay f onabor, used Amounts owed is by the Owner to the Contractor fnclam ,if any,under shall any used for the performance of the Contract and to satisfy claims,if any,under any which i l incorporated herein by reference. Performance Bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and the Surety 2. With respect to the Owner, this obligation shall be null and void if the Contractor: under this Bond, subject to the Owner's priority to use the funds for the completion of the Work. 2.1.Promptly makes payment,directly or indirectly,for all sums due Claimants,and 9. The Surety shall not be liable to the Owner, Claimants or others for 2.2. Defends, indemnifies and holds harmless the Owner from all obligations of the Contractor that are unrelated to the Contract. The Owner shall claims, demands,Defends,, suits indemnifies alleging non-payment by not be liable for payment of any costs or expenses of any Claimant under this person or entity who furnished labor, materials or equipment for Contractor by the Y Bond,and shall have under o this Bond no obligations to make m nts under ter give performance of the Contract, provided the Owner has promptly Botices on behalf of, or otherwise have obligations to Claimants under this Contractor and the Surety(at the addresses described in paragraph 12)notified any Bond. claims,s,demands, to the liens ns or the Surety,ann defense of such thlai is no t 10t The Contract or thereby related tedives notice of any change,including other obli of time, default. to the Contract or to related Subcontracts,purchase orders and other obligations. 3. With respect to Claimants, this obligation shall be null and void if the 11. No suit or action shall be commenced by a Claimant under this Bond other Contractor promptly makes payment,directly or indirectly,for all sums due. 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 4. The Surety shall have no obligation to Claimants under this Bond until: 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 4.1 Claimants who are employed by or have a direct contract with the materials or equipment were furnished by anyone under the Construction Contractor have given notice are the employed Contract,whichever of(1)or(2)first occurs. If the provisions of this paragraph paragraph 1ha and sent a oo Surety (at the addresses described in are void or prohibited by law, the minimum period of limitation available to claim is being made under this Bond and,with substantial aaccuracytthe amount of sureties as a defense in the jurisdiction of the suit shall be applicable. claim claim. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or 4.2.Claimants who do not have a direct contract with the Contractor: 1• Have furnished written notice to the Contractor and sent a delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be copy,or notice thereof,to the Owner,within 90 days after having last performed sufficient compliance as of the date received at the address shown on the labor or last furnished materials or equipment included in the claim statin g,with substantial accuracy,the amount of the claim and the name of the party to whom signature page. the materials or equipment were furnished or supplied or for whom the labor 13 When this Bond has been fumished to comply with a statutory or other legal was done or performed;and pP requirement in the location where the Contract was to be 2. Have either received a rejection in whole or in part from the provision in this Bond conflicting with said statutory requiremenperformed,hall a be Contractor,or not received within 30 days of furnishing the above from an communication not the Contractor with n by which the furnishing had above notice the deemed nt deleted hal her deemed and provisions conforming to such statutory Y requirement shall be deemed incorporated herein. The intent is that this Bond claim will be paid directly or indirectly;and shall be construed as a statutory Bond and not as a common law bond. 3. Not having been paid within the above 30 days, have sent a written notice to Not Surety and sent a co 14. Upon request of any person or entity appearing potential stating tnot c claim a Suiet mnde under cop Bond and en lot f, to the Owner, of this Bond,the Contractor shall promptly perni h a cop a is beneficiary sia shall previous written notice furnished to the Contractor. g copy of the copy of this Bond or shall permit a copy to be made. 5. If a notice required by a Claimant by Paragraph 4 is provided by the Owner 15. DEFINITIONS to the Contractor or to the Surety,that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a first tier Subcontractor of Contractor to furnish labor, 6. When the and at the has satisfied ed the one the following o Pa Paragraph y 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 6.1. Send an answer to the Claimant,with a copy equipment"that part of water, as, 45 days after end an answer we to Claimant,nt,with a cs pyat the undisputed OOw ewithin g the Co tract,architectural oil, gasoline, gin erine service or rental equipment used in the Contract, architectural and engineering the basis for challenging any amounts that are disputed. services required for performance of the Work of the Contractor and the 6.2.Pay challenging or arrange for payment of any undisputed amounts. Contractor's Subcontractors,and all other items for which a mechanic's lien may 7. The Surety's total obligation shall not exceed the amount of this Bond,and fu asserted in the jurisdiction where the labor, materials or equipment were the amount of this total Bond shall obligation hall not for exceed furnished. the by Surety. any payments made in good faith 15.2. Contract: ure page, ing all the Owner and the and changes g identified on the signature page,including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. OWNER'S REPRESENTATIVE: Bonestroo SURETY AGENCY OR BROKER: 2335 Highway 36 W Name: Klein A:enc ,Inc. St.Paul Highway MN 55113 Address: 3570 N Lexin t ton Ave. , Suite 206 Phone: 651-6364600 St.Paul,MN 55126 Phone: 651484-6461 EJCDC No C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Co General Contractors of America and the American Institute of Architects. mmittee,the Associated 00615-2 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this day of personally appeared ppeared ,_ , before me to me known to be the person bond, and acknowledged that described in and who executed the forgoing act and deed. he __ executed the same as _ free Notary Public CORPORATION ACKNOWLEDGMENT STATE OF kISCONSIIJ COUNTY OF ST. Ctbl x On this personally came day of -____�{ II — _ •.■a P• , before me who being by me duly sworn, did depose and say; that he is the to me known, "�,�.,.T- of the corporation described in and which executed the above in' of said corporation; affixed by order of the Board of Dire tors"Q instrument; that a knows the that he signed his name thereto by like order. °NNE R. S�%�d corporation, and that he TA 0.1.;d' -,! -�� ••• ' Notary Public %(Pi... .° _ \G • 2 c ��ui_l i.r SURETY ACKNOWLED I5,,00A, STATE OF MINNESOTA �� ��� COUNTY OF Chisago On this 9th appeared day of April 2007 me appeared aced did say that he is the . Klein to me personally known, hoe bee g Attorney-In-Fact of United Fire & Casualty Com an that the seal affixed to the foregoing instrument is the co Cedar Rapids, IA Y that the said instrument was signed and sealed on behalf of corporation seal of said corporation; its Board of Directors; and he did also acknowledge that he d corporation by authority of the free act and deed of said Company. executed the said instrument as ` " . KARLA DEUTSCH HUNT ✓/�e.// r. NOTARY PUBLIC-MINNESOTA - ,j C.' j� i / Notary Public My Commission Expires Jan.31,2012 h UNITED FIRE& CASUALTY COMPANY HOME OFFICE-CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OFI ATTORNEY. (Original on fle at Home Office of Company=See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE &CASUALTY COMPANY a:cor under the laws of the State of Iowa, and having its;'principal office in Cedar Rapids State poration duly organized acid existing JOHN 1)• KLEIN, OR JOHN C. KLEIN. OR STEPHEN M. KLEIN, OR KRISTIN M. sAKOw does make, eons#Itute and appoint PAUL MN OS, ALL INDIVIDUALLY of 5AINm its true and lawful Attorney(s)-in-Fact with o p wof and authority hereby conferred to sign seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE&CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE&CASUALTY COMPANY and all the acts of said Attorne ; given are hereby ratified and confirmed The Authority hereby y, pursuant to the authority hereby y y granted is continuous and shall remain in full force and effect until revoked by UNITED CASUALTY COMPANY. •This power company Attorney ri made and executed pursuant to and by authority of the following y NITED FIRE& Directors of the weer of At on Attorney is 46, 19 and n9 BY-Law duly adopted by Board of Section 2,Appointment of Attorney-in-Fact.t V-Surety Pty Bonds and Vice ertakings" from time to time appoint by written certificates attorneys-in-facto act in behalf of the any officer n he of ec Company insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer p h may, Company in the execution of policies of and the Corporate seal, may be affixed by facsimile to any authorized hereby; such signature and seal, when so used, being adopted by the Company the authorized hereby, y power of attorney or special power©f attorney or certi'flcatiori of such officer and the original seal of the Company, to be valid and binding upon the Company with the manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective y e oTcates signature of shall have full power to bind the Company by their signature and execution set forth such p y the same eri force and effect y the Company thereto. The theiCompa any Vice their signature the Board x execution ti n of any such h other . certificates t attach the seal of any Instruments and the attach the seal of any time revoke all power and authority previously given to any attorney-in-fact. any hen officer of the Company may at `� IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these r N. its vice president and its corporate seal to be hereto affixed this 1st day of February, 2 ir COIPOUATE presents to be signed by ....... . 2004 a=YL •t` UNITED FIRE &CASUALTY:COMPANY 0 State of Iowa, County of Linn, ss> BY c; �`` Vice President On 1st day of 'Pebruary, 2004, before me to me known, who being by Personally came Randy A. Ramlo 9 y me duly sworn, did depose and say;that he resides in Cedar Rapids, State of Iowa; that he is President of the UNITED FIRE&"CASUALTY COMPANY, the corporation described " he knows the seal of said corpora#ion that the seal affixed to the said instrument is such corporate a Vice authority given by the Board of Directors of said corporation and that instrument signed in and which executed the above instrument; that ortheret seal that it was so affixed pursuant acknowledges same to be the act and deed of said corporation 9 s name thereto pursuant to like authority, and 4�*' +r ^ PATTj WADffELk L- i I. COMMISSION NUMIER 713274 • • Mr edMMlssroN EXPIRES Notary Public:; My commission expires: 20/26/2007 I, the undersigned officer of the UNITED FIRE&CASUALTY COMPANY, do hereby certify the Power of Attorney and affidavit; and the copy of the Section of the by-laws of said Company with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,by-la and of that the ame are se compared the foregoing copy of "the the ORIGINALS I IN said ON FILE, and that HOME said OFFICE Power.of Attorney has not C mpany ass o rect rt:s cr is thereat eat and of e correct force thereof, and of ""+� Y been revoked and is now in full force anc#effect. ��`"'�""wv� In testimony whereof I have hereunto subscribed my name and affixed the corporate OIItOffAtE this day of Aril porate seal tithe said Company `20 07 12u. f a Ike Rey 0' 6"2 Secretary BOND0019 0802 01 UND327OB LEJUJCON INDUSTRIAL R Concrete Coatings oncrete Restoration Lead Abatement 18 April 2007 Eckberg Lammers Briggs Northwestern ggs Wolff& Vierling Suite 110 Avenue Stillwater, MN 55082-7521 ATTN. Mark Vierling RE: OAK PARK HEIGHTS 250,000 G OAK PARK HEIGHTS,MN ALLON ELEVATED TANK REP PROJECT NO, 000055-07147-0 HINT INSURANCE CERTIFICATE Dear Mr. Vierling, Enclosed is the Insurance Certificate for the above-referenced project. Please contact me if you have any questions on this information. Sincerely, /' Sara S. Sommerfel. President P.O. BOX 907 • HUDSON, WI 54016 • PHONE 715/549-5631 • FAX 715/549-5669 PRODUCER Phone:TM CERTIFICATE LI$Cp .218)7CE Fax: OF LIABILITY MB-HOOD-MASON CO 218-72z-�ess Y INSURANCE . 302 WEST DULUTH MN (OR STREET SUITE 400 V RgNCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS ONLY 04/12/2007 HOLDER AND CONFERS NO RIGHTS A MATTER OF INFORMATION ALTER T THIS CERTIFICATE UPON THE POLICIES END O HE COVERAGE DOES NOT AMEND, AFFORDED BY THE POLIC ESTgE�Ow INSURED INC Lick IA-626 INSURERS AFFORDING COVERAGE LEADCON A.enc PO BOX 907 HUDSON INSURER A: Cincinnati Insurance Co. NAIL# WI 54016 INSURER 6: ------- .___Cincinnati Insurance Co NSURER C: I'.77 SFM COVERAGES INSURER D: 0677 THE POLICIES —.-_-_- OF INSU INSURER E: _ ANY REgUIREMENT, RANCE LISTED BELOW -- ___ MAY PERTAIN, TERM OR CONDITION OF HAVE BEEN ISSUED TO T POLICIES. THE INSURANCE AFFORDED CONTRACT ISS THE INSURED AGGREGATE LIMITS ED gyAND OTHER D INSR ADDL SHOWN THE POLICIES OR DOCUMENT NAMED ABOVE FOR THE POLICY LM PE IN THE NSURA CE MED BY TEEPN DESCRIBED WITH RESPECT TO , XCLUSI PERIOD INDICATED, REDUCED BY pAIU HEREIN IS SUBJECT WHICH THIS TO ALL THE TERMS, CERTIFICATE MAY NOTWITHSTANDING GENERAL LIABILITY POLICY NU EXCLUSIONS AND C BE ISSUED OR NUMBER CONDITIONS OF , POLICY EFFECTIVE SUCH COMMERCIAL GENERAL CAP5870062 DATE MM/DD/YY PDATE MM/DOry ON RAL LIABILITY CLAIMS MgDE 06/30/06 06/30/07■ �X OCCUR LIMIT EACH OCCURRENCE gal■ DAMAGE TO RENTED $ 1,000 000 PREMISES(Ea occurence) Ilan EN'L MED.EXp — $ 100,000 AGGREGATE LIMIT (Any one person) _ APPLIES PER: PERSONAL 8 ADV WJURY $ — © PouCV ■ PRO- 5,000 AUTOMOBILE LIABILITY T ■LOC GENERAL AGGREGATE 1,000,000 0 ANY AUTO NI CAA5870062 PRODUCTS-COMP/pp AGO $ 2.000,000 ALL OWNED AUTOS 06/30/06 2,000,000 06/30/07 COMBINED © SCHEDULED AUTOS SINGLE LIMIT HIRED AUTOS (Ea accident) --'---- $ 1,000,000 $BODILY INJURY NON-OWNED -- - --_ ■ AUTOS (Per person) ---- BODILY INJURY GARAGE i(Per accident) LIABILITY $ ANV AUTO PROPER.IV .--t------ ------- . (Per accident) EXCESS/UMBRELLA AUTO 0-NLY_EA ACCIDENT__ LIABILITY OTHER THAN OCCUR ❑CLAIMS MADE AUTO ONLY: EA ACC I EACH O AGG ■ DEDUCTIBLE OCCURRENCE RETENTION$ AGGREGATE $ WORKERS COMPENSATION AND $ EMPLOYERS'LIABILITY $__ 013656.209 OFFICER/MEMBER EXCLUDED? 06/30/06 I yes describe under - 06/30/07 XW $PECIAL PROVISIONS below TORY LIMITS L O1HER IOTHER: E.L.EACH ACCIDENT E.L.DISEASE-EA EMPLOYEE $ — 1,000 000 E.L.DISEASE-POLICY LIMIT 1,000,000 DESCRIPTION $ 1,000,000 OWNER OF OPERATIONS/LOCgTIONS/VEHICLES/EXCLUSIONS ADDED (CITY OF OAK PARK HEIGHTS) AND ENGINEER(BONESTROO) BY ENDORSEMENT/INSUREDS SPECIAL PRIMARY AND ARE ADDITIONAL INSUREDS ON A PRIMARY AND NON- CONTRIBUTORY BASIS AS THEIR INTEREST MAY APPEAR. • • CERTIFICATE HOLDER CITY OF OAK PARK HEIGHTS CANCELLATION 14168 OAK PARK SHOULD A OAK PARK RK BLVD ANY OF THE ABOVE DESCRIBED POLICIES BE K HEIGHTS tiPIH NON NOTICE O#01-, Hit 1ATE HOLDER IN§llNkft Will oN tIlE LEFT,(0 t F i i ,� MN 55082 WRITTEN NOTICE 70 THE CANCELLED BEFORE THE TO DO SO SHALL IMPOSE E CERTIFICATE H IT'S AGENTS OR REPRESENTATIVES.ATION p OLDER NAMED Ip 711E LEFT,B (" I?A I R I-IABII.!FY OI'ANY KIND UPON 1111 rINSIt1RI It, Attention: AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) -top' . l•...- Certifirate# fr 1i- . –� 16448 Christop e • ames ©ACORD Trion's– __ LEAD CON In. INDUSTRIAL Concrete Coatings oncrete Restoration Lead Abatement 12 April 2007 Eckberg Lammers Briggs Northwestern gs Wolff& Vierling Suite 110 rn Avenue Stillwater, MN 55082-7521 ATTN: Mark Vierling RE: OAK PARK HEIGHTS OAK PARK HEIGHTS,MN ,000 GALLON ELEVATED TANK PROJECT NO, 000055-07147-0 REPAINT CONTRACT DOCUMENTS Dear Mr. Vierling, Enclosed are four(4)copies each of the co Please con n�'act documents and bonds. tact me if you have any questions on this info nnation. // Sara S. Sommer'eld President P.O. BOX 907 • HUDSON, WI 54016 • PHONE 715/549-5631 • FAX 715/549-5669 I I SECTION 01500 ITEMPORARY FACILITIES AND CONTROLS 1 PART 1 - GENERAL 1.01 SECTION INCLUDES IA. Temporary utilities and miscellaneous temporary a ' p ary facilities required during construction. I1.02 REFERENCES IA. Minnesota Department of Transportation"Standard Specifications for Construction," 2000 Edition (MnDOT Spec.). IB. The Minnesota Manual on Uniform Traffic Control Devices(MMT.JTCD),including the Field Manual on Temporary Traffic Control Zone Layouts—Latest edition. I1.03 SUBMITTALS 1 A. Submit Traffic Management and Control Plan consistent with Section 01330 — Submittal Procedures. Plan shall include the following information: I1. Haul and access routes. 2. Traffic control measures. I 3. Permits or applications required by local q y ocal authonties. 1 4. Temporary facilities required. PART 2 -PRODUCTS I Not Used. IPART 3 -EXECUTION I3.01 MOBILIZATION A. Move personnel, equipment,materials, and all other items required to complete the Iwork at the Project Site. B. Establish Contractor offices, building, or other facilities necessary for work on the IProject. 000055-07147-0 I ©2007 Bonestroo,Rosene, TEMPORARY FACILITIES Anderlik&Associates,Inc. 01500-1 AND CONTROLS ■ I es such as signs, I C. Temporarily hold or relocate utilities and any miscellaneous structures, , power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS,MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove,store carefully, and replace all non-City or County owned signs,posts,etc. I that may be within the Project Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts,and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes,posts,and appurtenances damaged during construction shall be replaced with new at no charge to Owner. I 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities,utilities,and controls as long as needed for the safe an d proper completion of the work. Remove all temporary facilities, utilities, an d controls as rapidly as progress will permit or as directed by Engineer. I B. Temporary Water for Construction: 1. Use of new or existing hydrants is prohibited,except for testing and flushing. 2. Water for construction may be available from the Golf Course water system. I There will be no charge for water use during construction. Electricity:C. Temporary ty: 11 1. Provide all necessary temporary electric service and temporary wiring needed for construction activities. Contractor shall pay for all temporary electricity. 2. Contractor may use permanent electric service after service is installed. Contractor shall pay for all electrical usage until Substantial Completion. After Substantial Completion, Owner will pay for electricity. D. Temporary Heating: 1. Provide and pay for temporary heating. I I I 000055-07147-0 TEMPORARY FACILITIES ®2007 Bonesto Rosen. 01500-2 AND CONTROLS Anderlik&Associ ciates,Inc. I r 3.04 CONSTRUCTION FACILITIES IA. Sanitary Facilities: I 1. Comply with all governing regulations,including safety and health codes,for sanitary fixtures and facilities. I2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities consistent with governing regulations.Contractor may not use Owner's toilet facilities. 1 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper I cups,and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. I3.05 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide,warn, control, and I protect traffic throughout the Project Site. All traffic control devices and other protective measures shall conform to MMUTCD. IB. Remove traffic control devices at the conclusion of the work. C. Flaggers are required to protect construction vehicles during unloading or II construction materials. Conform to the requirements of the MMUTCD,the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty flaggers shall wear hard hats and reflectorized Iflorescent orange rests;and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. ID. Field Quality Control: I 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be Iimmediately rectified. 2. Furnish names, addresses, and phone numbers of at least 3 individuals I responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the IContractor are in place. 3. Provide access for entering City Hall and the Public Works building at all Itimes. 000055-07147-0 I ©2007 Bonestroo,Rosene, TEMPORARY FACILITIES Anderlik&Associates,Inc. 01500-3 AND CONTROLS I I 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall I include but not be limited to removing grime and dust deposited on any device by traffic,natural causes, or when requested by Engineer. I 3.06 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures,markers, and barriers as necessary to protect work. 2. Damage to the Project Site caused by removal of temporary fencing, 1 including postholes, shall be promptly repaired by Contractor. During removal at no time shall the work remain unattended if a dangerous condition exists because of incomplete removal or Project Site repairing. 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid: II 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned—25 70 Percent of original contract amount earned—50 90 Percent of original contract amount earned— 100 100 B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 000055-07147-0 TEMPORARY FACILITIES ©2007 Bonestroo,Rosenc, 01500-4 AND CONTROLS Anderlik&Associ ciates,Inc. i SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 - GENERAL 1.01 SECTION INCLUDES iA. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 02315—Excavation and Fill. B. Section 02920—Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation"Standard Specifications for Construction," 2000 Edition(MnDOT Spec.): 1. 1803 —Prosecution of Work. 2. 2573 —Temporary Erosion Control. 3. 3733—Geotextile. 4. 3876—Seed. 5. 3882—Mulch Material. 6. 3885 —Erosion Control Blanket. 111111 7. 3886—Silt Fence. 8. 3887—Flotation Silt Curtain. 9. 3889—Temporary Ditch Checks. P 10. 3891 —Inlet Protection. 11. 3893 —Sandbags. 12. 3911 —Calcium Chloride. 13. 3912—Magnesium Chloride Solution. 000055-07147-0 2007 Bonestroo,Rosene, TEMPORARY Anderlik&Associates,Inc. 01570-1 EROSION AND SEDIMENT CONTROL 1 I 14. Technical Memorandum No. 99-23-ENV-03 and Attachment. 15. Technical Memorandum No. 99-27-ENV-05. 16. Technical Memorandum No. 02-11-ENV-01. I 17. Technical Memorandum No. 02-13-ENV-02. 18. Technical Memorandum No. 02-14-ENV-02. 19. Technical Memorandum No. 01-06-ENV-01. I 20. Technical Memorandum No. 00-10-ENV-04. 21. Technical Memorandum No. 00-12-ENV-05. 22. Special Provisions S-25. 1 23. Special Provisions S-249. I 24. Special Provisions S-250. 25. Special Provisions S-252. 26. Special Provisions S-264. I 1.04 SUBMITTALS III A. Erosion Control Plans: 1. Temporary Erosion Control Plan. I 2. Permanent Erosion Control Plan. - 3. Storm Water Pollution Prevention Plan. Schedule: Conforming 4. Erosion Control Sc g to MnDOT Spec. 1803.5G: I a. Proposed erosion control installations and when they will be installed. I b. Areas ready for permanent turf establishment and when it will be accomplished. I c, Grading operations and how erosion control will be incorporated into the work. I 000055-07147-0 TEMPORARY Anderlik&As soci ates,Inc.2007 Bonesto Rosen. 01570-2 EROSION AND SEDIMENT CONTROL ci I I d. Repair or maintenance required on erosion control installations and when it will be accomplished. 5. Completed application form for the MPCA's General Storm Water Permit for Construction Activity. B. Certification and Sampling: 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. ' 1.05 QUALITY ASSURANCE A. Certifications: Conform to MnDOT Spec. 1803.5D. 1.06 PERMITS A. General: 1. This Project does not disturb 1 or more acres of total land area. Submission of the application for the MPCA's General Storm Water Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1. Submit for approval the plan of operations for accomplishing temporary and permanent erosion control. 1 2. All temporary erosion control measures to be installed prior to any grading activities or sand blasting operations. 1 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. I I I 000055-07147-0 0 2007 Bonestroo,Rosene, TEMPORARY Anderlik&Associates,Inc. 01570-3 EROSION AND SEDIMENT CONTROL I sediment measures, the Engineer i 4. If the Contractor fails to install erosion or sed � may withhold payment from related work until the control measures are undertaken by the Contractor: I a. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems,the Engineer shall issue a Written Order to the Contractor. b. The Contractor shall respond within 24 hours with sufficient personnel,equipment,materials,and conduct the required work or be subject to a$500.00 per calendar day deduction for noncompliance. B. Contractor is responsible for the establishment of permanent turf in accordance with I Section 02920—Lawns and Grasses to prevent excessive soil erosion. Contractor is also responsible for the proper installation of all permanent erosion control measures. 1 PART 2 -PRODUCTS 2.01 STORM DRAIN INLET PROTECTION A. Paved streets with concrete curb and gutter inlet protection: I 1. Road Drain Curb and Gutter: Manufacturer: Wimco, LLC. 2. Silt Screen: Manufacturer: Alpine Stormwater Management. B. Non-paved surfaces without curb and gutter inlet protection: $ 1. Silt fence box. 2. Road Drain: Manufacturer: Wimco,LLC. 3. Erosion Control Shroud: Manufacturer: Royal Anchor Systems, Inc. I 4. Silt Sack: Manufacturer: ACF Environmental. 5. Verti* Pro as manufactured by Alpine Stormwater Management. 2.02 DUST CONTROL A. Water shall be clear and free from suspended fine sediment. 1 B. Calcium Chloride: Conform to MnDOT Spec. 3911. 000055-07147-0 TEMPORARY Anderlik 2007 Bonestroo,Rosene, &Associ ciates,Inc. 01570-4 EROSION AND SEDIMENT CONTROL I C. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. PART 3 -EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2573.3: I1. Minimize the amount of disturbed land that is susceptible to erosion. 2. Install the appropriate temporary erosion and sediment structural controls measures in accordance with approved sequence of construction. Clearing and grubbing operations shall be so scheduled and performed so that grading I operations and permanent erosion control features can follow immediately thereafter. III3. The surface area of erodible earth material exposed at 1 time by clearing and grubbing, by excavating, by fill, or by borrow shall not exceed 1/3 of the Project length without written approval of the Engineer. 4. Only disturb,clear,or grade areas nece ssary for construction. Delineate areas not to be disturbed: a. Exclude vehicles and construction equipment from these areas to preserve natural vegetation. 5. Minimize the amount of spent sand blasting abrasives that is susceptible to erosion or mitigating onto paved areas. I 3.02 INSTALLATION IA. Inlet Protection: 1. Catch basin inlet protection must be installed and approved by the Engineer I prior to and Project Site work or sand blasting operations. Protect the neighboring paved areas from the erosion of soil or sand blasting abrasives at IIall times. 3.03 MAINTENANCE iA. Conform to MnDOT Spec. 2573.3D, and as follows: 1. Contractor is responsible for inspection, maintenance, and repair of any washouts or accumulations of sediment that occur as a result of the grading or construction or inlet protection. Restoration consists of grade repair,turf re- Iestablishment, and street sweeping of debris or sand blasting abrasives tracked or washed from the Project Site. 000055-07147-0 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. TEMPORARY 01570-5 EROSION AND SEDIMENT CONTROL I I 2. Inspection of all erosion control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs I shall be made immediately. of the Project and establishment of permanent erosion 1 3. Upon final acceptance control measures,the Contractor shall remove all temporary erosion control measures. I B. Control dust blowing and movement on Project to reduce ondand offsite damage, to Engineer to prevent exposure of soil surfaces,ffic prevent health hazards, and to improve traffic safety: 1. Dust control measures will be considered incidental. C. Acceptance of Work: Conform to MnDOT Spec. 2573.3C. i 3.04 MEASUREMENT AND PAYMENT A. A ll work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. I END OF SECTION I I I I I 1 I TEMPORARY 000007 BoneS-0 A 2007 Bonestsoci Rosen, 01570-6 EROSION AND SEDIMENT CONTROL Anderlik&Associates,Inc. SECTION 01700 EXECUTION REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 —General Requirements Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation 7. IC-134 Form. PART 2 -PRODUCTS Not Used. PART 3 -EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing work,Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to work. If adjacent conditions prevent completion of work, Contractor will not commence work until the conditions are corrected. 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01700-1 EXECUTION REQUIREMENTS I I C. Inspect each product immediately prior to installation. Remove damaged products from Project Site. I 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses,vibration, and rocking. Allow for expansion and movement of building. C. Insta 1l each element of work during weather conditions and Project status to ensure I coordination of the work. Isolate each element of work from incompatible work as necessary to prevent deterioration. I D. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations,maintenance, and repairs. E. Mount individual units of work at industry recognized standard-mounting heights for the particular application indicated,where mounting heights are not indicated. F. Conceal pipes,ducts, and wiring within the construction in finished areas,except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 EQUIPMENT VARIATIONS I Not Used 3.04 PROJECT SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust.Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees,unless specifically indicated on Drawings. 000055-07147-0 ©2007 Bonestroo,Rosene, 01700-2 EXECUTION REQUIREMENTS Anderlik&Associates,Inc. I I D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Project Site,Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 12 hours from the Notice to clean Project Site. After the 12 hour period, Owner may correct the defective work consistent with Article 13.09 of the Conditions of the Contract. 3.05 CLEANING AND PROTECTION A. Clean and protect work in progress and adjoining work during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. C. The Contractor shall be responsible for any incidental cleaning of the tank required after the tank is drained. Complete draining and cleaning was done in 2006 as part of the preliminary evaluation for this Bid. It is expected that there may be some iron sludge on the bottom of the tank when it is drained. The sludge in the bottom of the tank shall be loaded into a truck and hauled away for disposal. This material and other material cleaned from the tank cannot be disposed of on Project Site and must be hauled away. 3.06 FINAL CLEANING A. Wash and polish all glass surfaces. B. Dust, vacuum, wash, and clean all spaces, duct work, light fixtures, equipment, electrical work, and all other components of the work. Remove all stains, dust, and dirt. 1 C. Wash, clean, and sterilize plumbing fixtures. D. Replace burned out lamps. E. Remove all dust and abrasives from inside reservoir prior to filling for disinfection. F. The Contractor shall be responsible for cleanup of the construction area as incidental P P to the Project. All cleanup and restoration shall be completed prior to acceptance of the Project. The Project Site shall be cleaned and restored to a condition equal to or better than original. This includes sodding or bituminous entrance work as required to repair all areas damage by this Project. 000055-07147-0 C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01700-3 EXECUTION REQUIREMENTS I I 3.07 CUTTING AND PATCHING I A. Complete all cutting, fitting, and patching as necessary to join the new work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is I loosened,cracked,or otherwise damaged or defaced beyond repair as a result of work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.08 SPECIAL TOOLS I A. Provide any special tools,jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation,maintenance, and repair of equipment. I B. Special tools and devices are those the design,purpose,and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. C. Provide neat and substantial metal tool box with hinged cover and lifting handles or metal cabinet with hinged door. 3.09 SPARE PARTS I A. Required spare parts are listed under the individual Specification Sections. 1 3.10 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 &290.97 A. completion on of the Project and prior to Final Payment, the Contractor and all Upon p subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue,Forms Section,Mail Station 1173, St.Paul,MN 55146-1173 or by calling (651) 296-4444. 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01700-4 EXECUTION REQUIREMENTS 1 1 3.11 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. I END OF SECTION 1 I I I I I I I I I I I I 000055-07147-0 C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 01700-5 EXECUTION REQUIREMENTS 1 SECTION 02315 EXCAVATION AND FILL PART 1 —GENERAL 1.01 SECTION INCLUDES A. Excavation and fill for Project Site grading. 1.02 SUBMITTALS A. Submit the following items consistent with Section 01330 — Submittal Procedures: 1. Gradation tests for borrow materials. PART 2—PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations and hauling out of extra material. 2. Establish the specified erosion control devices according to Section 01570 —Temporary Erosion and Sediment Control prior to all excavations. 3.02 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3 p 2105.3C, or as modified herein: 1. Cut, fill, and grade Project Site to elevations and contours shown on the Drawings with allowances for pavements, topsoil, and structures. 3.03 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D. 1 000055-07147-0 IC 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 02315-1 EXCAVATION AND FILL ■ I 3.04 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: I 1. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. I 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Finish Grading of the Project Site. III Measurement will be Lump Sum and shall include all costs for work to grade the Project Site to the contours shown on the site plan figure with allowance for installing 4 inches of topsoil and sod. All costs to haul extra material off the Project Site shall be included in this Bid Item. I B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 I I I I I I I I 1 000055-07147-0 ©2007 Bonestroo,Rosene, 02315-2 EXCAVATION AND FILL Anderlik&Associates,Inc. 2 SECTION 0 920 LAWNS AND GRASSES PART 1 - GENERAL 1.01 SECTION INCLUDES A. Includes soil preparation, topsoil, and sodding of any areas damaged during the painting or blasting process. B. In general, the Project Site is completely "finished." The Contractor will be responsible to establish turf to a condition equal to or better than it currently exists. 1 1.02 RELATED SECTIONS A. Conditions of the Contract and Division 1 —General Requirement Sections apply to the work of this Section. I1.03 REFERENCES A. Minnesota Department of Transportation"Standard Specifications for Construction," 2000 Edition(MnDOT Spec.): 1. 2575 -Turf Establishment. 2. 3877 -Topsoil Borrow. r3. 3878 - Sod. 1.04 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. 1.05 PROJECT SITE CONDITIONS A. All areas disturbed by construction shall be restored with topsoil and sod. Areas which are not disturbed will not need to be restored. 1.06 SEQUENCING AND SCHEDULING A. Do sodding after Project Site clean-up is completed. B. Project representative to inspect topsoil before sod is placed. J eP P p p 000055-07147-0 C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 02920-1 LAWNS AND GRASSES r 1.07 Q UALITY ASSURANCE I A. At the conclusion of the establishment period,which will be 1 year following initial I installation,a final inspection of planting will be made to determine the conditions of areas specified for seeding. All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re-supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of P �' g plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings,MnDOT Seeding Manual 2000, and with MnDOT Spec. 2575.3. r PART 2 -PRODUCTS 2.01 TOPSOIL A. Conform to MnDOT Spec. 3877.2A. Provide supplemental topsoil as needed to r regrade disturbed areas. 2.02 SOD 1 A. Conform to MnDOT Spec.3878-Conform to requirements for Lawn and Boulevard Sod. PART 3 - EXECUTION r 3.01 EXAMINATION Determine that finish subgrade operations are complete� lete and conform to tolerance P p Specifications. Inspector to approve areas before sodding. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Project Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. i 3.02 SODDING PREPARATION A. Remove existing vegetation and shape existing soil to receive topsoil. r B. Supplemental topsoil furnished by the Contractor shall be spread over all areas to be sodded. C. Immediately in advance of the sodding,compacted soil shall be loosened and all the areas raked clean of all stones, clods,roots, and other objectionable matter. r 000055-07147-0 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 02920-2 LAWNS AND GRASSES I 1 D. Areas to be sodded shall be reasonably smooth and blended with the contour of the Iadjoining areas. E. The finished surface after sodding shall be flush with or slightly below the surface of iadjoining turf;walks, etc. 3.03 PLACING SOD IA. Conform to MnDOT Spec. 2575.3. 3.04 FIELD QUALITY CONTROL Maintain restored areas in accordance with MnDOT Spec. 2575.3L. IA. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the work shall be I restored over to the same requirements of the original work. I C. Any sold that does not show definite growth and establishment 30 days after laying shall be replaced and established at the proper season by the Contractor at his expense. ID. Watering of sodded areas shall be done for a period of 30 days from installation sufficient to ensure establishment of permanent vegetation. ii3.05 MEASUREMENT AND PAYMENT I A. A Bid Item has been provided for Sodding. Measurement will be based upon units of square yards of sod installed complete in place as specified, including installing 4 inches of topsoil; soil amendments; furnishing and installing sod; preparation of Isurface maintenance; and all incidental items associated with the work. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. IB. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. I 1 END OF SECTION I I 000055-07147-0 C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 02920-3 LAWNS AND GRASSES I I SECTION 03301 ICAST-1N-PLACE CONCRETE IPART 1 - GENERAL 1.01 SECTION INCLUDES A. Furnish and install cast-in-place all cast in-place concrete, including formwork, reinforcement, Isupports, and accessories. 1.02 REFERENCES I A. American Concrete Institute (ACI): Ii. 301 —Specifications for Structural Concrete for Buildings. 2. 315—Details and Detailing of Concrete Reinforcement. IB. American Society for Testing Materials (ASTM): I1. C31 —Standard Practice for Making and Curing Concrete test Specimens in the Field. I2. C33—Standard Specification for Concrete Aggregates. 3. C39 — Standard Test Method for Compressive Strength of Cylindrical I Concrete Specimens. 4. C143 —Standard Test Method for Slump of Hydraulic Cement Concrete. I 5. C150—Standard Specification for Portland Cement. 1 6. C231 —Standard Test Method for Air Content of Freshly Mixed Co the Pressure Method. y Concrete by I7. C260—Standard Specification for Air-Entraining Admixtures for Concrete. I8. C494—Standard Specification for Chemical Admixtures for Concrete. 9. C618 — Standard Specification for Fly Ash and Raw or Calcined Natural IPozzolan for use as a Mineral Admixture in Portland Cement Concrete. I 000055-07147-0 I ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 03301-1 CAST-IN-PLACE CONCRETE I 1.03 SUBMITTALS A. Submittals shall conform to Section 01330—Submittal Procedures. I B. Submit complete shop drawings and bar lists of all reinforcement materials to be furnished and installed under this Section. Show bar sizes,spacings,locations,and quantities of reinforcing and bending details. C. Make shop drawings in accordance with ACI 315. 1 D. Submit concrete mix designs at least 14 days prior to placement of concrete. E. Submit manufacturer's data for concrete a d ii�es, uri g materials, finishing compounds, expansion joint materials, and anchoring material. I F. Submit concrete test results. 1.04 QUALITY ASSURANCE A. Comply with ACI 301, except as modified in this Section. 1 B. The design, engineering, and proper construction of all formwork shall be the responsibility of the Contractor. C. The Contractor shall hire an independent testing laboratory, approved by the Engineer,to perform the work listed below. All costs for this testing shall be paid by the Contractor: 1. Test proposed aggregate. 2. Design concrete mixes. 3. Cast and test concrete cylinders for all concrete in accordance with ASTM C31 and C39. 1, 4. Determine slump of concrete from each truck in accordance with ASTM C143. I 5. Determine air content of concrete from each truck in accordance with ASTM C231. I I I 000055-07147-0 ©2007 Bonestroo,Rosene, 03301-2 CAST-IN-PLACE CONCRETE Anderlik&Associates,Inc. I I 1.05 PRODUCT HANDLING IA. Store reinforcement, supports, and accessories at the Project prevent damage from water, accumulation of dirt, or construction activities. to IB. Do not store forms, shores, reinforcing, equipment, or other materials on finished slab surfaces. IlPART 2 -PRODUCTS 2.01 FORMWORK A. Form facing materials shall produce a smooth,hard,uniform texture on the concrete. B. Facing materials with raised grain,torn surfaces,worn edges,patches,dents,or other defects which will impair the texture of the concrete surface shall not be used. I C. Form coatings or release agents shall be commercially formulated chemical release Iagents containing no lubrication oil, conventional form oil, fuel oil, or kerosene. D. The form coating shall not penetrate, stain, or leave a residual film on the concrete surface and shall not attract dirt or other deleterious material. 2.02 CONCRETE REINFORCEMENT IA. Reinforcing Bars: Deformed billet steel bars conforming to ASTM A615,Grade 60. IB. Welded Wire Fabric: Steel wire spot welded at intersections conforming to ASTM A185. Use flat sheets only. 2.03 CONCRETE MATERIALS A. Concrete constituents shall conform to the following minimum requirements: I Cement Conform to ASTM C150,Type I-from 1 source of supply I Aggregate Conform to ASTM C33 - from 1 source of supply Water Clean potable and free from deleterious substances Air Entraining Admixture Conform to ASTM C260 I Water Reducing Admixture Conform to ASTM C494, Type A Fly Ash Conform to ASTM C618, Class C or F I I 000055-07147-0 1 m 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 03301-3 CAST-IN-PLACE CONCRETE I B. Concrete mixture shall conform to the following minimum requirements: Minimum coarse aggregate size 1 inch ' Minimum compressive strength at 28 days 4000 psi Maximum water-cement+pozzolan ratio .45 Maximum cement and pozzolan content 550 lb/cu. yd. Maximum fly ash content 25 percent of total cementitious by weight Slump 3 inches± 1 inch Entrained air content 6 percent± 1-1/2 percent 2.04 CONCRETE ACCESSORIES A. Chamfer strips shall be 3/4 inch x 3/4 inch wood or plastic strips. , B. Burlap-Polyethylene Sheets: Burlap polyethylene sheets for curing shall consist of burlap weighing not less than 10 oz./lin.yd., 40 inches wide impregnated on 1 side with white opaque reinforced polyethylene 0.006 inch thick. C. Curing Compound: Conform to ASTM C309, Type 1-D, Class B,clear or translucent with fugitive dye. Not to be applied to slabs receiving UTI ON 1 PART 3 EXEC 3.01 FORMWORK A. Formwork shall be designed and constructed in accordance with ACI 347. B. Formwork shall b � e designed, erected, supported, braced, and maintained to safely , support all vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. C. Construct forms to conform to slopes,lines,and dimensions shown on the Drawings. Earth cuts shall not be used as forms for vertical surface s D. Place chamfer strips at all exposed corners.embedded items secure all required prior to placing oncretegs, bolts,pipes, sleeves,plates, and other ' t 1 000055-07147-0 ©2007 Bonestroo,Rosene, 03301-4 CAST-IN-PLACE CONCRETE Anderlik&Associates,Inc. 3.02 REINFORCEMENT A. Place reinforcing steel in accordance with the Structural Drawings, approved shop drawings, and as specified herein. ' B. Reinforcing steel shall have the following concrete cover,unless specifically noted differently on the Drawings: 1. Concrete cast against earth 3 inches. 2. All other concrete 2 inches. C. Properly position reinforcing steel and wire it together at intersections and supports to ensure against displacement during concrete placing. All reinforcing steel shall be tied to wall forms. ' D. All reinforcing steel,including dowels and embedded items,must be placed and tied securely with wire before concrete is placed. ' E. All reinforcement at the time concrete is placed shall be free of mud, oil or other materials that may adversely affect or reduce the bond. F. Provide reinforcement splices by lapping ends, placing bars in contact, and tightly wire tying. Provide lap splice lengths as shown on the Drawings. ' G. Bars shall be placed to the following tolerances: 1. Clear distance to formed surface ± 1/4 inch. 2. Spacing dimensions ± 1/2 inch. i3.03 CONCRETE PRODUCTION A. Ready-mixed concrete shall be batched,mixed, and transported in accordance with ASTM C94. B. Discharge concrete from truck within 60 minutes after cement is added to the mix. C. Do not add water at the Project Site without the permission of the Engineer. 000055-07147-0 ' C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 03301-5 CAST-IN-PLACE CONCRETE 1 3.04 CONCRETE PLACEMENT A. Formwork shall be completed and all reinforcement and embedded items shall be secured in place. B. All snow, ice, and mud shall be removed prior to placing concrete. Do not place ' concrete on frozen ground or ground with either standing water or when upper 2 inches of ground is saturated. C. Do not place concrete during rain, sleet, or snow. D. Deposit concrete continuously or in layers of such thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. E. Concrete which has partially hardened or has been contaminated by hardened materials shall not be deposited. , F. Remove rejected concrete from the Project Site. G. Deposit concrete as nearly as practicable in its final position for avoid segregation due to handling or flowing. 3.05 PLACING CONCRETE SLABS A. Deposit and consolidate concrete slabs in a continuous operation. ' B. Consolidate concrete placed in slabs by mechanical vibration or other methods acceptable to the Engineer. Bring slab surfaces to the correct level with a straight edge and then strike off. Use bullfloats or darbies to smooth the surface, leaving it free from bumps and hollows. C. Do not leave screed stakes in concrete. D. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to start of finishing operations. 3.06 COLD WEATHER PLACING ' A. Do not place concrete when the air temperature is less than 40°F.without the specific approval of the Engineer. B. Cold weather concrete work shall conform to all requirements of ACI 306.1,except as modified by the requirements of these Contract Documents. 000055-07147-0 ' ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 03301-6 CAST-IN-PLACE CONCRETE C. Concrete shall not be placed against any frozen substrate, including subgrade soils and surfaces of formwork. D. Concrete shall not be placed around any embedment,including reinforcing steel that is at a temperature below freezing. E. The temperature of the concrete delivered at the site shall conform to the following limitations: Minimum Concrete Temperature Air Temperature < 12 Inches Thick 12—36 Inches Thick Above 30°F. 60°F. 0°to 30°F. 55°F. 65°F. 60°F. Below 0°F. 70°F. 65°F. F. If water or aggregate is heated above 100°F., the water shall be combined with the aggregate in the mixer before cement is added. Cement shall water or with mixtures of water and aggregate not be mixed with F gggegate having a temperature greater than 100° G. When the mean daily temperature is less than 40°F.,the temperature of the concrete shall be maintained between 50°and 70°F. for the required curing period. H. Arrangements for heating,covering,insulation,or housing the concrete work shall be made in advance of placement and shall be adequate to maintain the required temperature without injury due to concentration of cold or heat. Protection shall remain in place for a minimum of 3 days. ' I• Combustion heaters shall not be used during the first 24 hours,unless precautions are taken to prevent exposure of the concrete to exhaust gases. J. Once the cold weather concrete protection is removed, concrete curing must be continued for the remainder of the 10 day curing period. 3.07 HOT WEATHER PLACING A. Comply with ACI 305 when hot weather conditions exist. B. Maintain concrete temperature at time of placement below 90°F. C. When the temperature of the steel is greater than 120° F., steel forms and reinforcement shall be sprayed with water prior to placing concrete. D. Keep all surfaces protected from rapid drying. Provide windbreaks, shading, fog spraying, sprinkling,ponding, or wet covering in advance of placement. 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 03301-7 CAST-IN-PLACE CONCRETE I 3.08 CONCRETE SLAB FINISHING A. Float Finish: 1. Apply float finish to all slab surfaces. Consolidate the surface by handfloating. 2. Check and level the surface plane to a tolerance not exceeding a e at not 10 I feet when tested with a 10 foot straight-edge placed on t than 2 different angles. I 3. Immediately after leveling refloat the surfaces to a smooth,uniform,granular texture. 3.09 FINISHING FORMED SURFACES 11 A. Smooth Form Finish: Provide a smooth formed surface to all formed surfaces not I exposed to view. Smooth formed finish shall consist of the following: 1. Patch all tie holes and defects and remove all fins, concrete"buttons," and I protrusions completely. 3.10 CONCRETE CURING I A. Immediately after finishing operations are complete,least 7 days.shall be covered with burlap-polyethylene sheets and kept in place for at I B. Formed surfaces shall be covered with burlap-polyethylene sheets or sprayed with curing compound immediately after form removal. 3.11 PATCHING AND CLEANING I Repair honeycomb and other defective areas,fill surface voids and fill form tie holes A. I and similar defects in accordance with Section 5 of ACI 3 B. Upon completion and prior to any painting,all exposed or painted concrete surfaces shall be thoroughly cleaned of all concrete spatters,form oil,or other foreign material detrimental to appearance or painting. placement and form I C. All excess concrete debris remaining ProgecftSi a and disposed of in a proper and legal removal shall be removed from J manner. I I 000055-07147-0 CAST-IN-PLACE CONCRETE I C 2007 Bonestoc Rosenc 03301-8 Anderlik&Associ ates,Inc. 3.12 MEASUREMENT AND PAYMENT ' A. All work and costs of this section shall be incidental to the ect Proj and included TOTAL BASE BID. cluded in ' END OF SECTION 1 I 1 1 000055-07147-0 ' m 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 03301-9 CAST-IN-PLACE CONCRETE I SECTION 09900 IPAINTING IPART 1 - GENERAL 1.01 SECTION INCLUDES IA. Cleaning, surface preparation, and application of paint to the 250,000 gallon single pedestal sphere elevated reservoir. Existing coating at this tank shall be considered I lead-based paint and all work shall be performed in accordance with Minnesota Pollution Control Agency Chapter 7025 for the Removal of Lead Paint from Steel Structures. IB. Cleaning, surface preparation, and application of paint to the riser pipe and all pipe and fittings in the valve pit. IC. Painting 2 City Name Signs on elevated tank. Refer to City Name Sign Scheme Figure at the end of the Technical Specifications as shown on Figure 5. I1.02 RELATED SECTIONS IA. Document 00300—Information Available to Bidders. IB. Section 02920—Lawns and Grasses. C. Section 15240—Steel Water Reservoir Repairs. ID. Tank Photographs. I1.03 SUBMITTALS A. General: Contractor shall provide colors as specified. IB. Shop Drawings: Contractor shall submit shop drawings for the following: Paint. Ii. 2. Blasting Additive. g I3. Containment Plan. I4. MPCA Notification of Lead Paint Removal. 5. TCLP Sampling Plan. I 000055-07147-0 ®2007 Bonestroo,Rosene, IAnderlik&Associates,Inc. 09900-1 PAINTING Mr I C. Shop Drawings shall be submitted in accordance with Section 01330 — Submittal Procedures. 1.04 QUALITY ASSURANCE A. Paint Manufacturer: The products as specified in Part 2 are to be used on this Project. Substitution can be made only with Pre-Bid written approval of the Engineer following submittal of written information indicating that the products offered are equal in quality and type to those specified and have a proper record of satisfactory service under similar conditions on projects in Minnesota. All paint shall be applied in accordance with the manufacturer's recommendations. B. Blasting Additive Manufacturer: The products as specified in Part 2 are to be used on this Project. Substitution can be made only with Pre-Bid written approval of the Engineer following submittal of written information indicating that the products ' offered are equal in quality and type to those specified and have a proper record of satisfactory service under similar conditions on projects in Minnesota. All blasting additives shall be applied in accordance with the manufacturer's recommendations. C. Qualifications of the Workers: All workers employed on the Project Site shall be skilled in the use of the equipment and materials used for this Project. An experienced superintendent or foreman shall be present at all times during the execution of this work who shall be thoroughly familiar with the specified requirements and the materials,and method needed for their execution and who shall direct all work performed under this Section. D. Inspection: The Contractor shall notify the Owner and Engineer not less than 24 ' hours prior to blasting,priming,or application of finish coat. The Resident Project Representative may inspect the blast-cleaned surfaces before application of the field primer. Any areas not sufficiently cleaned shall be re-cleaned as directed by the Resident Project Representative. The Resident Project Representative will also inspect the primed and final coat surfaces for minimum,average and maximum dry film thickness requirements. Any areas not meeting the requirements shall be repainted as directed. Painting work will be inspected by KLM Engineering,Inc. 1.05 PRODUCT HANDLING A. Delivery and Storage: The material shall be delivered to the Project Site in the ' original, new, and unopened containers bearing the manufacturer's name and applicable label information. Material shall be properly stored and protected to prevent damage to or deterioration of the paint material. Empty containers shall be kept at the Project Site to confirm the quantities of each type of paint used and shall be removed only after this verification is confirmed by the Owner. 000055-071470 Bones Rosen e, Anderlik&Associates,Inc. 09900-2 PAINTING I 1.06 EXISTING PAINT A. The tank was constructed in 1967 and last partially coated in 1983 with the following per some records we were able to obtain: g 1 1. Interior Wet Surfaces: a. 1967: Tnemec No. 880 primer and 2 coats of Tnemec No. 272 Topox. b. 1983: Tnemec Pot-Pox Series 20. 2. Interior Dry Surfaces: a. 1967: Tnemec No. 880 primer and 2 coats of Tnemec No. 272 Topox. b. 1983: Tnemec 33-77 Chem Prime primer and Tnemec 43-33 Diffused Aluminum finish coat. 3. Exterior Surfaces: a. 1967: Tnemec No. 77 Chem Prime primer and 2 coats of Tnemec Tneme-gloss enamel. b. 1975: The exterior paint system was touched up with Tnemec No. 880 primer with a Tnemec No. 66 aluminum finish coat. c. 1983: Tnemec Pot-Pox primer with a Tnemec Series 70 Endura- Shield finish coat. PART 2 -PRODUCTS 2.01 PAINT MANUFACTURER A. The paint and paint products of the Tnemec Company shall be used. 2.02 PAINT SYSTEM AND COLOR A. Interior Wet: 1. First Coat - Tnemec Pota-Pox Series 20-#1255 Beige (or Series FC20), applied to all areas. 2. Second Coat - Tnemec Pota-Pox Series 20-WHO2 Tank White (or Series FC20), applied over the entire interior surface. 000055-07147-0 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-3 PAINTING I I 3. Stripe Coat—An additional brushed stripe coat is required on all repaired weld seams below the HWL. I B. Dry Interior Including The Riser Pipe and Valve Pit Piping System: 1. First Coat-Tnemec Hi-Build Epoxoline Series 66— 1255 Beige. 2. Second Coat-Tnemec Hi-Build Epoxoline Series 66—WHO2 Tank White. I C. Exterior: 1. First Coat-Tnemec Hi-Build Epoxoline Series 66— 1255 Beige. p 2. Second Coat -Tnemec Hi-Build Epoxoline Series 66—color to be noticeably 11 different but compatible with the finish coat colors. 3. Third Coat-Tnemec Endurashield Series 73—custom color to be selected by I Owner. 4. Fourth Coat—Tnemec: Series 76 Endura Clear to be applied to the Tank City Name Sign. ii e 1 5. Tank City Name Sign—Third and Fourth Coats per above. Colors per Figure —City Name Sign Elevation View at the end of this Section. 2.03 BLASTING ADDITIVE MANUFACTURER A. Blastox blasting additive manufactured by the TDJ Group shall be used. I PART 3 -EXECUTION I 3.01 PREPARATION OF SURFACE A. Interior Wet Surface: The entire wet interior surface of the tank shall be cleaned of 1 all paint, grease, oil,rust,mill scale, and other foreign or loose material. Cleaning shall be done in accordance with Steel Structures Painting Council Specification SSPC-SP-10, Near-White Blast Cleaning. Before any primer or paint is applied, metal surface shall be completely dry, dust free, inspected and approved by the Engineer. All structural repairs must be completed prior to final surface preparation procedures. I 000055-07147-0 ©2007 Bonestroo,Rosene, PAINTING Anderlik&Associates,Inc. 09900-4 I III B. Interior Dry Surface: Interior dry surfaces of the tank requiring repainting including I the riser pipe and valve pit piping system shall be cleaned of all paint, grease, oil, rust,mill scale, and other foreign or loose materials before any primer or coating is applied. Cleaning shall be done in accordance with the Steel Structures Painting I Council Specification SSPC-SP-6,Commercial Blast Cleaning. Before any primer or coating is applied,metal surfaces shall be completely dry, dust free,inspected, and approved by the Engineer. All structural repairs must be completed prior to final surface preparation. C. Exterior: This is a complete repaint Project. Exterior surfaces of the tank shall be cleaned of all paint,grease,oil,rust,mill scale, and other foreign or loose materials before any primer or coating is applied. Cleaning shall be done in accordance with the Steel Structures Painting Council Specification SSPC-SP-6, Commercial Blast ICleaning. Before any primer or coating is applied,metal surfaces shall be completely dry,dust free, inspected, and approved by the Engineer. All structural repairs must be completed prior to final surface preparation. Full negative air containment will be I required per Paragraph 3.02. I3.02 EXTERIOR SANDBLAST CONTAINMENT A. The Contractor shall be fully responsible to provide full containment as required for the exterior tank abrasive blasting operation,including top bonnet or cover to prevent I the drift of spent abrasive and existing exterior paint removed onto adjacent property, streets, or structures. Therefore, containment and disposal per State and Federal I Regulations will be mandatory. The Contractor must submit for review and approval to the Engineer and Owner a written plan outlining all the details and equipment the Contractor plans to employ for compliance with the requirements for full containment. Copies of the paint chip lead and chromium test results are included in Document 00300 — Information Available to Bidders. In conjunction with full containment,the Contractor shall be responsible to provide adequate dust collection I and negative air to the containment system to prevent the release of emissions to the environment and to provide a reduction of lead dust exposure for workers. IB. Recover, remove, and properly dispose all spent abrasives, dust, dirt, paint chips, spent solvent paint containers,and other waste materials,etc.as specified in Article 3.09 of this Section. IC. The Contractor expressly agrees to obey the ver b al or written direction and instruction of the Engineer, Resident Project Representative, or Owners IRepresentative in determining when the exterior sandblasting operation may proceed or must be suspended due to excessive winds or drift of dust, spent abrasive, and paint chips outside the area of containment. I 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-5 PAINTING I D. Screens used for containment shall be inspected and approved for use by the Engineer,Resident Project Representative,or Owners Representative. Wind screens used for containment shall be solid screens. They shall be UV-stabilized,weather and solvent resistant. E. The Contractor shall be fully responsible to provide 100 percent impervious ground coverage in all areas adjacent to the tank for the purpose of ensuring recovery of(a minimum) 95 percent of all spent abrasive, removed paint, and debris from the abrasive blast operation until TCLP testing proves that product is not classified as hazardous. Ground cover shall consist of reinforced plastic or canvas tarps sufficiently overlapped and secured to prevent contamination of the ground by contact of the abrasive and paint chip debris. F. A full containment plan shall be submitted outlining all the details, equipment, containment screens,negative air dust removal equipment,containment structure and installation drawings, other equipment, wind loading calculations, containment support calculations and/or other pertinent information,and inhibitor the Contractor's plans to employ with the blasting operation. The full containment plan must be submitted at the preconstruction meeting for approval. Work on the Project will not begin without an approved visible emissions control plan. This containment plan must be in conformance with Minnesota State Rules 7005.1100 through 7005.1130 and 7005-0550 for the control of fugitive particulate matter and visible emissions. G. At least 20 days before the start of paint removal, the Contractor shall submit a Notification of Lead Paint Removal from Steel Structures using the MPCA form as supplied by Engineer. Paint removal shall commence on the date indicated on the notification form. H. The Base Bid includes installing containment shroud lugs for full containment. Containment shroud lugs shall be as recommended for the TEPE Containment Shroud System as manufactured by K & L Manufacturing/Eagle Industries. Containment lugs/mounting pads shall be seal welded to the tank roof. All edges of the lugs/mounting pads shall be ground to a 1/8 inch or greater radius. S 3.03 BLAST CLEANING A. Use proper equipment and abrasives when blast cleaning to produce the mil profile recommended by the coating manufacturer. Do not re-use silica sand or flint abrasives. I 000055-07147-0 ©2007 Bonestroo,Rosene, PAINTING &Associates,Inc. 09900-6 I B. The abrasive used shall be of the type that is graded as to proper size, shape, and hardness. It shall be free of contaminants and shall not embed itself in the blasted surface. Silica sand, flint, garnet, or quartz type abrasives shall be chemically washed;dried;dust,dirt,and fines free;resistant to fracture(shattering);and contain no bleachable contaminants. Synthetic Carbide, Aluminum Oxide, and Refractory Slag products shall meet the above criteria. THE USE OF REDUCED OR DUST FREE ABRASIVE FOR BLASTING IS REQUIRED FOR BLASTING OF EXTERIOR SURFACES DUE TO CONTAINMENT AND THE CLOSE PROXIMITY OF BUILDINGS AND STREETS. Prior to start-up of the Project, samples of the Contractor's selected abrasive shall be submitted to the Engineer for testing and approval. Random field testing of the abrasive shall be done as directed by the Engineer to ensure the abrasive used complies with these requirements. C. The abrasive used for blast cleaning the exterior of the elevated tank shall contain the blasting additive specified in Part 2 of this Section. The blasting additive shall be blended prior to blasting and shall be applied according to the manufacturer's recommendations. D. All compressed air supply shall be properly equipped with suitable oil and moisture separators to prevent contamination of abrasive and/or blasted surfaces. These separators shall be of the continuous bleeding or automatic dumping type. In order to prevent contamination of abrasives and/or blasted surfaces, it is recommended that the separators be installed at both the compressor air outlet and the blasting pot compressed air inlet. E. Stop abrasive blast cleaning in sufficient time to remove all dust,spent other foreign matter from and around all blasted surfaces (including rigging and equipment) and to allow the atmosphere to clear before any coating is done. Removal of these materials shall be by clean brush or suitable industrial vacuum with particular attention given to welds,pockets,poorly accessible areas,or any overhead areas. F. Apply the first coat to all prepared surfaces,except that there shall remain uncoated a 3 inch to 4 inch border of blasted steel at the end of each work day. When blast cleaning resumes the following workday, this border shall be reblasted up to and including 1 inch to 3 inches of the previous primer coating. G. Take extra care during all blasting operations to prevent damage or abrasive impingement upon previously applied coated areas. H. A prime coat shall be applied within 8 hours after sandblasting. When the humidity exceeds 80 percent,the prime coat shall be applied within 4 hours after sandblasting. If conditions are questionable, the Engineer shall make the decision and the Contractor shall accept his interpretation as final and binding. See Paragraph 3.05 for additional temperature and humidity limitations. 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-7 PAINTING I. A daily inspection of the separators and compressed air supply will be required to insure cleanliness of all compressed air supplied for abrasive blasting. This test will be performed by a blotter test. A clean white blotter is held no more than 18 inches I from the air supply, down stream of moisture and oil separators. The air supply is directed at the blotter for approximately 2 minutes. The blotter is then examined signs visually for si s of oil and moisture. A clean blotter at test completion means a III successful passing of the air supply test. Failure to pass the compressed air test will be justification for rejection of abrasive blasting performed that day. The Engineers discretion will be final in this determination. 3.04 PAINT APPLICATION A. Wet Interior: 1. Prime Coat: After surface preparations specified above are completed, all wet interior surfaces (interior surfaces of the water compartment) shall receive a coat of Tnemec Series 20FC or Series FC20 Pota-Pox primer in 1255 beige color. Prime coat shall be applied to provide 4 mils minimum dry film thickness and an average on not less than 5 mils dry film thickness. A stripe coat shall be applied to all weld seams below the HWL I 2. Finish Coat: All interior surfaces shall then be painted with Tnemec Series 20 or Series FC20 Tnemec-Fascure Pota-Pox,in WH-02 Tank`In to color,to an additional 4 mils minimum dry film thickness. Total dry film including prime and finish coat, shall not be less than 8 mils at any location and shall not average less than 10 mils dry film thickness. Maximum total thickness allowed shall be 12 mils dry film thickness. 3. Stripe Coat: All weld seams and grindings below the HWL shall receive 1 additional brush applied stripe coat. The application of this coat shall be reviewed at the preconstruction meeting. B. Dry Interior: 1. Prime Coat: After surface preparations are completed, all interior surfaces I shall be coated with Tnemec Series 66 Hi Build Epoxoline or Series 161 Tneme-Fascure in a 1255 beige color. The prime coat shall be applied to 3 mils minimum dry film thickness and 4 mils average dry film thickness. 2. Finish Coat: The interior tank surfaces shall then be painted with 1 coat of Tnemec Series 66 Hi Build Epoxoline. Color to be WHO2 — Tank White. Finish coat shall be applied to provide 3.0 mils minimum dry film thickness. Total dry paint film thickness, including prime and finish coat, shall be not less than 6.0 mils at any 1 point. Average dry paint film thickness shall not be less than 8.0 mils. Maximum total thickness allowed shall be 10.0 mils dry film thickness. I 000055-07147-0 ©2007 Bonestroo,Rosene, 09900-8 PAINTING Anderlik&Associates,Inc. I C. Exterior: 1 1. Prime Coat: After surface preparations are completed, all exterior surfaces shall be coated with Tnemec Series 66 Hi Build Epoxoline or Series 161 II Tneme-Fascure in a 1255 beige color. The prime coat shall be applied to 3 1/2 mils minimum dry film thickness and 4 mils average dry film thickness. I 2. Intermediate Coat: Shall be the same as the prime coat, except in color. Color to be noticeably different from prime and finish coats,and compatible with finish color. The intermediate coat shall be applied to 2 mils minimum Idry film thickness and 2-1/2 mils average dry film thickness. 3. Finish Coat: The exterior tank surfaces shall then be painted with 1 coat of I Tnemec Endura-Shield Series 73 Aliphatic Polyurethane Enamel Semi-Gloss. Color to be selected by Owner. Finish coat shall be applied to provide 2.0 mils minimum dry film thickness, 3.0 mils average dry film thickness, and J 4.0 mils maximum dry film thickness. Total dry paint film thickness, including prime,intermediate,and finish coat,shall be not less than 7.5 mils at any 1 point. Average dry paint film thickness shall not be less than 9.0 Imils. Maximum total thickness allowed shall be 12.0 mils dry film thickness. Painting of foundation bases shall be carried down to a line just above the Ifinish grade of the topsoil. 4. The Tank City Name Sign shall then be painted with 1 coat of Polyurethane. Color to be selected by the Owner. Name Sign shall be as shown in Figure 5 I at the end of the Technical Specifications. Logo coat shall be applied to provide 2.0 mils minimum dry film thickness. I5. The Tank City Name Sign shall be clear coated, 1.0 to 2.0 mil dry film thickness. 1 D. General: The primary method of interior paint application shall be by airless spray with brushing and rolling to work paint into seams,defects,joints,etc. Exterior paint I shall be applied by brush or roller. No spraying of exterior surfaces will be allowed, except for the primer and then only within the containment or wind restrictions imposed by the Engineer. The Contractor and/or the Contractor's insurance company I solely bear all responsibility for damage due to paint over-spray, mist, or splatters. All claims of paint damage shall be promptly resolved by the Contractor and/or the Contractor's insurance company. I3.05 WORKMANSHIP 1 A. All work of this Contract shall be done in a workmanlike manner, by skilled personnel experienced in the particular type of work being performed. The coating shall be performed using approved methods,acceptable tools and practices,and shall Ibe performed in a manner satisfactory to the Engineer. 000055-07147-0 I 0 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-9 PAINTING • I B. Proceed with surface preparation and coating application only when air surface temperatures are above the manufacturer's recommended minimum surface I' temperature in degrees Fahrenheit and below 100°F., and surface temperature is at least 5 degrees above wet bulb air temperature reading. Coating shall not be applied in rain,snow,fog or mist,or when relative humidity exceeds 85 percent. No coating shall be applied when it is expected that the relative humidity will exceed 85 percent or when the air temperature will drop below 50°F. (40°F.when fast cure products are used)within 8 hours after the application of the coating. If working conditions are questionable,the Engineer shall make the decision and the Contractor shall accept his interpretation as final and binding. The Owner intends to monitor temperature and humidity to insure Contractor's compliance with the listed conditions. The Contractor shall record the relative humidity, air temperature, and surface temperature upon commencement and completion of coating application for each day said work is undertaken. The daily log shall be submitted to the Resident Project Representative for comparison with the Owner's data and verification or compliance. C. Each coat s applied P shall be a lied at the specified rate and in the manner recommended by the coating manufacturer and it shall be well worked into the surface to which applied. No laps or brush marks shall show. The film thickness of the coatings will be measured and any readings below the specified film thickness shall be corrected by applying additional coat(s). Where thinning is necessary,only the products of the manufacturer furnishing the coating and for the particular purpose shall be allowed. All thinning shall be done strictly in accordance with the manufacturer's instructions, as well as with the full knowledge and approval of the Engineer. Dry film thickness will be measured be means of the "Mikrotest" gage manufactured by the Nordson Corporation of Amherst,Ohio,or equivalent;and measurements of wet mil thickness will be accomplished by use of the"Nordson"wet film gage or such other gage as the . Engineer might determine as being satisfactory. D. Care shall be given to insure a uniform coating carefully worked with a brush around . rivet heads,weld seams,scabmarks,plate overlap,joints, and other irregularities in the surface. Each coat shall be allowed to dry thoroughly before the next coat is applied as required by the coating manufacturer's written recommendations. I E. If the coating is applied by spraying, use suitable nozzles to provide an adequate supply of air within the proper pressure range to the liquid in the container and to the atomizing nozzle,all as recommended by the coating and equipment manufacturers as being best suited or necessary for the production of good work. All necessary precautions must be taken to avoid spray fallout on and the consequent damage to any works, improvements, or properties of either the Owner or of other parties, wherever located. The Contractor shall be responsible for any and all damage resulting from drifting of the spray. I 000055-07147-0 ©2007 Bonestroo,Rosene, PAINTING Anderlik&Associates,Inc. 0990040 I F. As stated in Paragraph 3.04.D,no exterior spray painting will be allowed, except as 1: noted. The Contractor shall take necessary precautions to avoid paint fallout on and the consequent damage to any works, improvements, or properties p p s of either the Owner or of other parties,wherever located. The Contractor shall be responsible for any and all damage resulting from drifting of the paint. G. If applied by brushing, the coating shall be brushed on in 1 direction and then smoothed in a direction at right angles thereto,so as to produce as uniform thickness of coating and as complete coverage as possible. Such 2 directional brushing shall be considered as "1 coat"within the meaning of these Specifications. K. Sufficient time shall be allowed for each coat to dry properly and in accordance with the manufacturer's recommendations before applying the next coat. All areas cleaned shall be primed within 8 hours of being cleaned. Any areas developing a film or rust shall be re-cleaned before priming. Finish coats of paint shall be free of holidays, runs, drips, or sags. Any areas showing such defects in the prime coat shall be corrected prior to application of the finish coat. Any areas showing defects in the finish coat shall be scraped and repainted to the satisfaction of the Engineer. 3.06 VENTILATION AND SAFETY A. The Contractor shall maintain adequate and continuous explosion-proof ventilation during all surface preparation and coating operations, and during all re-coat oat and curing periods. This ventilation shall be of the suction type and shall be of sufficient capacity to maintain throughout the tank interior a clear atmosphere that is well below explosive and toxic limits. B. Arrange the ventilation system, including all fans and temporary ductwork, so that fresh air is drawn into the tank at the bottom and is exhausted at the top with an upward air movement pattern within the tank that permits no still air spaces to exist in any area. Give particular attention to floor level or lower spaces,and pocket areas where heavier-than-air solvents and particulate matter are likely to accumulate. Said ventilation shall be sufficient for the removal of dust,coating fumes,or other volatile gases and moisture to such an extent as to prevent any undesirable accumulation and prevent hazard to the workmen or the work. C. All electrical equipment,tools, and ventilation fans shall be explosion-proof and/or non-sparking and shall be maintained in good working order. Spray equipment shall be as recommended by or acceptable to the coatings manufacturer and shall be thoroughly cleaned before and after use with the appropriate cleaning solvents. g D. Provide adequate explosion-proof lighting during all surface preparation and coating operations. This lighting shall be sufficient to illuminate clearly the working area without shadows. g I 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-11 PAINTING I E. In the event heating devices are used,they shall be explosion-proof and of the type that do not exhaust sooty or oily residues or any other contaminants into the tank. Only indirect heating units can be used which will not cause the products of combustion to condense. F. Prior to use,store all coating materials in a secure area which shall provide protection I , from weather and temperature below 60°F. The area shall be maintained in a safe, neat, and clean manner and free from fire, explosion, or other hazards. the G. All work shall be performed in a safe and�e orderly Minnesota yann Department o Laborhand standards as prescribed by OSHA and Industry, Division of Accident Prevention. The Contractor will be required to comply with OSHA Regulations 5205.1000-5205.1040 and 5067.0300 for Confined Space Entry. Management and supervisory personnel shall be responsible for employee training and compliance with this policy. H. Securing Tank Openings: Adequate grating or grills will be securely attached to all openings not otherwise secured at the end of work each day until work commences again and during the final cure after all interior coatings have been applied,until such time as the tank is filled with water and openings are secured for service. Grills or grates shall be at least 1/4 inch wire mesh with minimum 2 square inch mesh openings and shall allow adequate free air passage. 3.07 DISINFECTION A. Upon completion of the coating, the inside of the tank shall be thoroughly cleaned I and disinfected by use of chlorine applied in a concentrated solution,sprayed over the accordance with the entire surface and then washed down with mlent, and AWWA C652-02, Sect on specifications of the Minnesota Heal Dep rt 4.3.2: Chlorination Method 2. B. The disinfected surfaces shall remain in contact with the chlorine solution for at least I 30 minutes. Then all disinfected surfaces,end with clean water. Remove all piping chlorine any drain piping,shall be washed and purged Following this,potable water shall be solution and purge water from the interior. F g s,p admitted. C. After chlorination and before the facility is placed in operation,water with the facility shall be sampled and tested for coliform organisms in accordance latest edition of Standard Methods for the Examination of Water and Wastewater.If the sample is negative, then the facility can be placed into service. If there is a presence of coliform,repeat samples shall be taken until 2 consecutive samples are negative or the reservoir shall be redisinfected using the above specified method. 000055-07147-0 C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-12 PAINTING I I D. Bacterial tests will be taken by an independent laboratory designated by the Owner. I Initial tests will be paid for by the Owner. Any retesting required because of failure to meet the specified quality will be paid for by the Contractor. I3.08 MISCELLANEOUS A. Paint Thickness: Dry film thickness (D.F.T.) readings of the coating are taken to Iprovide reasonable assurance that the specified minimum D.F.T.has been achieved. A minimum of 5 separate spot measurements shall be made over every 100 square feet in area. Each spot measurement shall consist of an average of 3 gage readings Inext to each other no further than 6 inches apart. Each spot measurement must be within the specified minimum thickness. The single gage readings,however,making up the spot measurements are permitted to be no less than 80 percent of the specified I minimum thickness. B. City Name Sign: The City Name Sign shall be painted at 2 locations on the tank. I Size and style as shown on Figure 5 at the end of this Section. The orientation shall be as directed by the Engineer. IC. Spare Paint: Provide the Owner with a minimum of 1 gallon of both Part A and Part B of un-opened final exterior paint in the color of the exterior paint applied. I3.09 CLEAN UP AND DISPOSAL I A. After completion of the tank painting, the Contractor shall remove all excess materials,paint products,blasting sand,and debris of any kind caused by the Project. He shall leave the premises in a neat,clean condition,and shall restore all areas,such I as driveways, grass, sod, etc., that have been disturbed by his operations to a condition equal to or better than that which existed when he started the Project. IB. The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by his employees or work. He shall clean-up abrasive I material or rubbish on a daily regular schedule as directed by the Engineer. All unneeded construction equipment shall be removed from the Project Site and all damages, required expeditiously so that the adjacent property is inconvenienced as Ilittle as possible. C. During exterior sandblasting and coating operations, the Contractor shall provide adequate protection and containment to prevent damage to adjacent structures and property by his operations. The Contractor shall also perform intermittent or periodic clean-up of adjacent grounds to prevent the accumulation of sandblast sand and i debris caused by his operations. This shall include but not be limited to sidewalks, streets, driveways, yards, and roof tops. I 000055-07147-0 I C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-13 PAINTING I D. The Contractor shall be fully responsible to recover,remove,and dispose of properly all spent abrasives,removed coating and paint,spent solvents,paint containers,and other non-specific waste in accordance with current State and Federal regulations, including but not limited to the 1976 Resource, Conservation and Recovery Act (R.C.R.A.) and its amendments, specifically the 1984 Hazardous and Solid Waste Amendments to R.C.R.A.Disposal of"empty containers"shall be in accordance with R.C.R.A. 40 CFR 261.7 and Minnesota State Regulations. In addition,the Contractor shall submit for review and approval his TCLP sampling I plan. The sampling plan and quality control measures must be in conformance with EPA Test Procedure Manual SW-846 and current State Requirements. Proper documentation of this process is required by EPA and these Specifications. The Contractor is also responsible to provide proper documentation per RCRA/EPA and State regulations for identifying,tracking,and disposal of the waste generated. At a minimum, this documentation shall include a Waste Evaluation Form, Industrial Solid Waste Tracking Form, Landfill Special Waste Tracking Form, and letter of acceptance of the waste by the appropriate landfill or disposal site. I E. The Contractor shall perform timely laboratory testing of waste materials generated on the Site to determine its specific classification for proper disposal in accordance with this Specification and all applicable state and federal regulations.A MINIMUM OF 4 TCLP TESTS SHALL BE PERFORMED, OR MORE IF REQUIRED BY REGULATIONS ON BOTH THE INTERIOR AND EXTERIOR WASTE I MATERIALS. TCLP TESTING SHALL BE FOR ALL 8 SPECIFIC CONSTITUENT CONCENTRATIONS (8 HEAVY METAL/INORGANICS)AS SHOWN IN 40 CFR 261.24,TABLE I OR AS AMENDED BY REGULATION. I F. The Owner intends to perform timely laboratory testing of waste materials to verify test results taken by the Contractor. In the event of discrepancies in test results and the resultant classification of waste materials, it is agreed by the parties to this Contract,that the Engineer shall perform independent testing and shall determine all questions in relation to the classification of waste materials. The Contractor will be held liable for all supplementary testing, Engineering, and associated Contract Administration cost. , G. On or before the completion of work,the Contractor shall,unless otherwise directed in writing,remove all temporary works,tools and machinery,or other construction equipment placed by him. He shall remove all rubbish from any grounds which he has occupied and shall leave all of the premises and adjacent property affected by the operation in a neat and restored condition satisfactory to the Engineer. Restoration of grass areas shall be as specified in Section 02920—Lawns and Grasses. I I 000055-07147-0 ®2007 Bonestroo,Rosene, PAINTING Anderlik&Associates,Inc. 09900-14 I I H. No burning of trash(including abrasive bags or other paper or wood products)on the Project Site shall be permitted. All shielding,abrasive retrieval or other methods of using precautions required by the regulating agencies shall also be accomplished at no additional cost to the Owner, unless otherwise provided herein. Any fines imposed on the Owner or Engineer by any regulatory agency as a result of the Contractors non-compliance with environmental regulations shall be paid or reimbursed by the Contractor. I. If the waste material is found to be regulated, non-hazardous material with TCLP heavy metal levels below hazardous waste limits,the Contractor shall dispose of the spent sand and paint residue in a lined sanitary landfill,which may accept industrial non-hazardous waste. The Bid Unit Price shall include disposal as a non-hazardous waste. If the toxicity testing indicates that the spent sand and paint residue is hazardous with TCLP heavy metal levels above hazardous waste limits, the Contractor shall dispose of the spent sand and paint residue as a hazardous material in an approved hazardous waste disposal facility. Should hazardous waste disposal be required for spent sand and paint chips, the Owner will compensate the Contractor the actual hazardous waste disposal fees, minus the cost of non-hazardous waste disposal for the same volume of waste material. If applicable,the cost of the Blastox shall also be subtracted if the Blastox manufacturer refunds the cost of the Blastox. No additional compensation beyond that described above shall be paid to the Contractor for hazardous waste disposal. 3.10 PROJECT SITE CONSTRAINTS A. The Project Site is very limited for this Project and coordination with the Owner will be required for working limits. The Owner has area west and north of the Public Works Building adjacent to the Project Site that is available for staging. In addition, the Contractor shall provide a temporary notification sign at the Owners entrance warning all visitors that this is a heavy metal paint removal Project. The sign shall be 11 x 17 and re-printable and shall contain the name,business address,and telephone number of the Contractor, the consultant, the Owner and the name of 1 contact person for each. The contractor shall also supply a "No Public Entry" sign at the entry drive. 3.11 MEASUREMENT AND PAYMENT A. Separate Lump Sum Bid Items are provided for the tank per the following: 1. Exterior cleaning, surface preparation, disposal, painting (including Name Sign). 2. Interior wet cleaning, surface preparation, disposal, and painting. 3. Interior dry cleaning, surface preparation, disposal, and painting. 000055-07147-0 0 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 09900-15 PAINTING 1 I • 4. Full,Negative-Air Containment. 5. The Project Site work defined in this Section shall be included in the Lump Sum Bid for Mobilization. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. I END OF SECTION 1 I I I I I I I 1 I I 1 000055-07147-0 ©2007 Bonestroo,Rosene, PAINTING Anderlik&Associates,Inc. 09900-16 I 111 I SECTION 15240 STEEL WATER RESERVOIR REPAIRS IPART 1 - GENERAL 1.01 SECTION INCLUDES A. Structural repairs and modifications to the interior of the 250,000 gallon elevated steel water reservoir as follows. All references to photographs or appet dices refer to the SEH evaluation report,which is bound in back of this Project Manual: 1. Interior Structural: a. To prevent rust streaks P and corrosion,caulk all seams and gaps above the high waterline, the roof manway openings and all roof Ipenetrations such as vents,the horizontal seams in the vapor phase of the access tube,and between any intermittently welded roof stiffeners Iwhere paint is inaccessible with an epoxy caulk. b. Remove and replace the existing riser pipe expansion joint in the I tower valve vault with a new stainless steel expansion joint if this item is accepted by the Owner from the Alternate Bid Item. This item to be Bid as an Alternate Bid Item on the Bid Form. c. Remove the entire existing cathodic protection system. Install a new cathodic protection system per Section 16640—Cathodic Protection if the Owner accepts the Alternate Bid for this work. I d. Add a DBI/SALA OSHA approved safety climb cable system to the I dry riser ladder. Provide the identical system that matches the existing safety climb system on the 2 lower ladders. Install 1 anchor ring at the top of the dry riser for attaching the lanyard to assist in exit and entry of the dry riser to the top of the tank. e. Install a PVC drain system from the condensate ceiling/lower Iplatform to the overflow pipe. Install a check valve on this system to protect the drain when the tank overflows. If. Install a 3 inch stainless steel tank drain system to the lowest point in the bowl with a Shand & Jurs type mud valve Model 96181-03.01 and connect to the existing overflow pipe. 111 I 000055-07147-0 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 15240-1 STEEL WATER RESERVOIR REPAIRS I g. Remove the existing riser pipe insulation from the base of the tank to the bottom of the bowl. Sand blast and paint the riser pipe and the piping in the valve vault at the base of the tank per Section 09900— , Painting: After complete curing and inspection of the coating material, install 3 inch thick polyurethane insulation, covered by a 0.016 inch aluminum jacket. Insulation shall be placed over all brackets,hangers,the new expansion joint and couplings. All joints in the aluminum jacket shall be sealed with 2 inch wide aluminum I colored duct tape,double wrapped. h. Install a welded-in-place hinged grate at the top of the wet riser inside the wet interior. This grating shall be capable of supporting a painter's rigging. Having this arrangement facilitates future maintenance of the wet riser interior and the grating prevents anyone from falling into the wet riser to meet MDH requirements. Install 6 new standard globe covered service lights inside the dry interior at the base of the tank and along the ladder system as directed by the Engineer. Hard wire the lights with a main switch at the base of the tank within code compliant conduit. Exterior Structural: a. Install a new 14 foot diameter,heavy-duty OSHA compliant handrail system on the roof. Remove the existing FAA obstruction light and associated conduit and install a new FAA approved LED double I obstruction light as specified in Section 16500—Lighting. Provide a complete spare FAA approved LED double construction light as specified in Section 16500—Lighting. b. Replace the center-screened vent with a new AWWA aluminum, insect and bird proof,pressure-pallet frost proof type vent. The vent will have at a minimum a 12 inch neck. c. Install one(1)24 inch painter's ventilation manway complete inside I the new handrail system with a 4 inch rain shield that is hinged and lockable. I d. Cap off existing cathodic protection system couplings and seal with metal cover plates,welded top and bottom sides. I e. Remove the existing overflow pipe cover and screen and extend the overflow pipe as shown in the attached figure. Install an overflow I pipe screen retainer and screen meeting Health Department regulations. Use a corrosion resistant, heavy-gauge, No. 4 mesh screen. I 000055.07147 0 o 2007 Bonestmo,Rosen, 15240-2 STEEL WATER RESERVOIR REPAIRS Anderlik&Associates,Inc. DOCUMENT 00610 Bond#54-164738 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): LeadCon, Inc. United Fire&Casualty Company PO Box 907 118 2nd Ave. SE,PO Box 73909 Hudson, WI 54016 Cedar Rapids,IA 52407 OWNER(Name and Address): City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 CONTRACT Date: April 9, 2007 Amount: $296,650.00 Description(Name and Location): Oak Park Heights 250,000 Gallon Elevated Tank Repaint Project Project No. 000055-07147-0 BOND Bond Number 54-164738 Date (Not earlier than Contract Date): April 9,2007 Amount: $296,650.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL SURETY Company: LeadCon,Inc. (Seal) United Fire&Casualty Company (Seal) Surety's Name a 1.r► Seal Signature: 1//: By: `parr • Name and Title: Sara Sommerfeld 'resident Signature and itle: Stephen M.Klein l t Y.NU. (Attach Power o Attorney) 1570 N. ®XlfgtOf AVi' f 1-‘c-71- ��=c-'J t. haul,MN 551 Attest: 1484 6481 (Space is provided below for signatures of additional parties, Signature and Title if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Surety's Name and Corporate Seal Signature: By: Name and Title: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC NO. C-610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America and the American Institute of Architects. 00610-1 1. The Contractor and the Surety,jointly and severally, bind themselves, their 6. After the Owner has terminated the Contractor's right to complete the heirs, executors, administrators, successors and assigns to the Owner for the Contract,and if the Surety elects to act under paragraph 4.1,4.2,or 4.3 above, performance of the Contract,which is incorporated herein by reference. then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Contract,and the responsibilities of the Owner 2.If the Contractor performs the Contract,the Surety and the Contractor have no to the Surety shall not be greater than those of the Owner under the Contract. obligation under this Bond, except to participate in conferences as provided in To a limit of the amount of this Bond,but subject to commitment by the Owner paragraph 3.1. of the Balance of the Contract Price to mitigation of costs and damages on the Contract,the Surety is obligated without duplication for: 3. If there is no Owner Default,the Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of the Contractor for correction of defective Work and completion of the Contract; 3.1. The Owner has notified the Contractor and the Surety at the addresses 6.2. Additional legal,design professional and delay costs resulting from described in paragraph 10 below, that the Owner is considering declaring a the Contractor's Default,and resulting from the actions or failure to act of the Contractor Default and has requested and attempted to arrange a conference Surety under paragraph 4;and with the Contractor and the Surety to be held not later than fifteen days after 6.3. Liquidated damages,or if no liquidated damages are specified in receipt of such notice to discuss methods of performing the Contract. If the the Contract, actual damages caused by delayed performance or non- Owner,the Contractor and the Surety agree,the Contractor shall be allowed a performance of the Contractor. reasonable time to perform the Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default;and 7. The Surety shall not be liable to the Owner or others for obligations of the 3.2. The Owner has declared a Contractor Default and formally Contractor that are unrelated to the Contract, and the Balance of the Contract terminated the Contractor's right to complete the Contract. Such Contractor Price shall not be reduced or set off on account of any such unrelated obligations. Default shall not be declared earlier than twenty days after the Contractor and No right of action shall accrue on this Bond to any person or entity other than the the Surety have received notice as provided in paragraph 3.1;and Owner or its heirs,executors,administrators,or successors. 3.3. The Owner has agreed to pay the Balance of the Contract Price to: 1. The Surety in accordance with the terms of the Contract; 8. The Surety hereby waives notice of any change,including changes of time,to 2. Another contractor selected pursuant to paragraph 4.3 to the Contract or to related subcontracts,purchase orders and other obligations perform the Contract. 9. Any proceeding,legal or equitable,under this Bond may be instituted in any 4. When the Owner has satisfied the conditions of paragraph 3,the Surety shall court of competent jurisdiction in the location in which the Work or part of the promptly and at the Surety's expense take one of the following actions: Work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after 4.1. Arrange for the Contractor,with consent of the Owner,to perform the Surety refuses or fails to perform its obligations under this Bond,whichever and complete the Contract;or occurs first. If the provisions of this paragraph are void or prohibited by law,the 4.2. Undertake to perform and complete the Contract itself, through its minimum period of limitation available to sureties as a defense in the jurisdiction agents or through independent contractors;or of the suit shall be applicable. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the 10. Notice to the Surety, the Owner or the Contractor shall be mailed or Contract,arrange for a contract to be prepared for execution by the Owner and delivered to the address shown on the signature page. the Contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the 11. When this Bond has been furnished to comply with a statutory requirement bonds issued on the Contract,and pay to the Owner the amount of damages as in the location where the Contract was be performed,any provision in this Bond described in paragraph 6 in excess of the Balance of the Contract Price incurred conflicting with said statutory requirement shall be deemed deleted herefrom and by the Owner resulting from the Contractor Default;or provisions conforming to such statutory requirement shall be deemed 4.4. Waive its right to perform and complete,arrange for completion,or incorporated herein. The intent is that this Bond shall be construed as a statutory obtain a new contractor and with reasonable promptness under the bond and not as a common law bond. circumstances; 1. After investigation,determine the amount for which it may be 12. Definitions. liable to the Owner and,as soon as practicable after the amount is determined,tender payment therefor to the Owner;or 12.1. Balance of the Contract Price: The total amount payable by the 2. Deny liability in whole or in part and notify the Owner citing Owner to the Contractor under the Contract after all proper adjustments have reasons therefor. been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other Claims for damages 5. If the Surety does not proceed as provided in paragraph 4 with reasonable to which the Contractor is entitled,reduced by all valid and proper payments promptness, the Surety shall be deemed to be in default on this Bond fifteen made to or on behalf of the Contractor under the Contract. days after receipt of an additional written notice from the Owner to the Surety 12.2. Contract: The agreement between the Owner and the Contractor demanding that the Surety perform its obligations under this Bond, and the identified on the signature page,including all Contract Documents and changes Owner shall be entitled to enforce any remedy available to the Owner. If the thereto. Surety proceeds as provided in paragraph 4.4, and the Owner refuses the 12.3. Contractor Default: Failure of the Contractor,which has neither been payment tendered or the Surety has denied liability,in whole or in part,without remedied nor waived, to perform or otherwise to comply with the terms of the further notice the Owner shall be entitled to enforce any remedy available to the Contract. Owner. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. OWNER'S REPRESENTATIVE: SURETY AGENCY OR BROKER: Bonestroo Name: Klein Agency,Inc. 2335 Highway 36 W Address: 3570 N Lexington Ave. , Suite 206 St.Paul,MN 55113 St.Paul,MN 55126 Phone: 651-636-4600 Phone: 651-484-6461 EJCDC No C-610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America and the American Institute of Architects. 00610-2 DOCUMENT 00615 , Bond#54-164738 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): LeadCon, Inc. United Fire&Casualty Company PO Box 907 118 2nd Ave. SE,PO Box 73909 Hudson, WI Cedar Rapids,IA 52407 OWNER(Name and Address): City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights,MN 55082 CONTRACT Date: April 9, 2007 Amount: $296,650.00 Description(Name and Location): Oak Park Heights 250,000 Gallon Elevated Tank Repaint Project Project No. 000055-07147-0 BOND Bond Number 54-164738 Date (Not earlier than Contract Date): April 9,2007 Amount: $296,650.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL SURETY Company: LeadCon,Inc. (Seal) United Fire&Casualty Company(Seal) Surety's Nam•hs i, s,.orate Seal yr / 1! ',N / Signature: �':_x��% .� i By: r d>r Name and Title: Sara Sommerfe President Signature and Title: Stephen M.Klein,Attorney-In-Fact (Attach Power of Attorney KLEIN AGENCY, INC Attest: �' / 3x713 N. Lexington AVr (Space is provided below for signatures of additional parties, S g atone and Title "', PPui,MN 55126 if required.) t 484-6461 CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Surety's Name and Corporate Seal Signature: By: Name and Title: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC NO. C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America and the American Institute of Architects. 00615-1 1. Contractor and the Surety,jointly and severally,bind themselves,their heirs, 8. Amounts owed by the Owner to the Contractor under the Contract shall be executors,administrators,successors and assigns to the Owner to pay for labor, used for the performance of the Contract and to satisfy claims,if any,under any materials and equipment furnished for use in the performance of the Contract, Performance Bond. By the Contractor furnishing and the Owner accepting this which is incorporated herein by reference. Bond,they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and the Surety 2. With respect to the Owner, this obligation shall be null and void if the under this Bond, subject to the Owner's priority to use the funds for the Contractor: completion of the Work. 2.1.Promptly makes payment,directly or indirectly,for all sums due 9. The Surety shall not be liable to the Owner, Claimants or others for Claimants,and obligations of the Contractor that are unrelated to the Contract. The Owner shall 2.2. Defends, indemnifies and holds harmless the Owner from all not be liable for payment of any costs or expenses of any Claimant under this claims, demands, liens or suits alleging non-payment by Contractor by any Bond,and shall have under this Bond no obligations to make payments to,give person or entity who furnished labor, materials or equipment for use in the notices on behalf of, or otherwise have obligations to Claimants under this performance of the Contract, provided the Owner has promptly notified the Bond. Contractor and the Surety (at the addresses described in paragraph 12) of any claims,demands, liens or suits and tendered defense of such claims, demands, 10. The Surety hereby waives notice of any change,including changes of time, liens or suits to the Contractor and the Surety,and provided there is no Owner to the Contract or to related Subcontracts,purchase orders and other obligations. default. 11. No suit or action shall be commenced by a Claimant under this Bond other 3. With respect to Claimants, this obligation shall be null and void if the than in a court of competent jurisdiction in the location in which the Work or part Contractor promptly makes payment,directly or indirectly,for all sums due. 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, 4. The Surety shall have no obligation to Claimants under this Bond until: 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 Construction 4.1 Claimants who are employed by or have a direct contract with the Contract,whichever of(1)or(2)first occurs. If the provisions of this paragraph Contractor have given notice to the Surety (at the addresses described in are void or prohibited by law, the minimum period of limitation available to paragraph 12)and sent a copy, or notice thereof, to the Owner, stating that a sureties as a defense in the jurisdiction of the suit shall be applicable. claim is being made under this Bond and,with substantial accuracy,the amount of claim. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or 4.2.Claimants who do not have a direct contract with the Contractor: delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be 1. Have furnished written notice to the Contractor and sent a sufficient compliance as of the date received at the address shown on the copy,or notice thereof,to the Owner,within 90 days after having last performed signature page. 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 13. When this Bond has been furnished to comply with a statutory or other legal the materials or equipment were furnished or supplied or for whom the labor requirement in the location where the Contract was to be performed, any was done or performed;and provision in this Bond conflicting with said statutory requirement shall be 2. Have either received a rejection in whole or in part from the deemed deleted herefrom and provisions conforming to such statutory Contractor,or not received within 30 days of furnishing the above notice any requirement shall be deemed incorporated herein. The intent is that this Bond communication from the Contractor by which the Contractor had indicated the shall be construed as a statutory Bond and not as a common law bond. claim will be paid directly or indirectly;and 3. Not having been paid within the above 30 days,have sent a 14. Upon request of any person or entity appearing to be a potential beneficiary written notice to the Surety and sent a copy, or notice therof, to the Owner, of this Bond,the Contractor shall promptly furnish a copy of this Bond or shall stating that a claim is being made under this Bond and enclosing a copy of the permit a copy to be made. previous written notice furnished to the Contractor. 15. DEFINITIONS 5. If a notice required by a Claimant by Paragraph 4 is provided by the Owner to the Contractor or to the Surety,that is sufficient compliance. 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a first tier Subcontractor of Contractor to furnish labor, 6. When the Claimant has satisfied the conditions of Paragraph 4,the Surety materials or equipment for use in the performance of the Contract. The intent of shall promptly and at the Surety's expense take the following actions: 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 6.1. Send an answer to the Claimant,with a copy to the Owner,within service or rental equipment used in the Contract, architectural and engineering 45 days after receipt of the claim,stating the amounts that are undisputed and services required for performance of the Work of the Contractor and the the basis for challenging any amounts that are disputed. Contractor's Subcontractors,and all other items for which a mechanic's lien may 6.2.Pay or arrange for payment of any undisputed amounts. be asserted in the jurisdiction where the labor, materials or equipment were furnished. 7. The Surety's total obligation shall not exceed the amount of this Bond,and 15.2. Contract: The agreement between the Owner and the Contractor the amount of this Bond shall be credited for any payments made in good faith identified on the signature page,including all Contract Documents and changes by Surety. thereto. 15.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. OWNER'S REPRESENTATIVE: SURETY AGENCY OR BROKER: Bonestroo Name: Klein Agency,Inc. 2335 Highway 36 W Address: 3570 N Lexington Ave. , Suite 206 St.Paul,MN 55113 St.Paul,MN 55126 Phone: 651-636-4600 Phone: 651-484-6461 EJCDC No C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America and the American Institute of Architects. 00615-2 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this day of , , before me personally appeared to me known to be the person described in and who executed the forgoing bond, and acknowledged that he executed the same as free act and deed. Notary Public CORPORATION ACKNOWLEDGMENT STATE OF I3ISCONSIN COUNTY OF ST. Cam On this L7 day of A P21 L 230-7 , before me personally came SAS Sta41ME2FElj to me known, who being by me duly sworn, did depose and say; that he is the sioiiI'T of LEADLN WC the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board ofDtkiototts,oksaid corporation, and that he •signed his name thereto by like order. NNE.R .so''% o -4= 01, tk. Notary Public 2).,".'x(1 \c 2= r( 4 OJ'i E SA 0aoy SURETY ACKNOWLEkr , y —\``‘ STATE OF MINNESOTA COUNTY OF Chisago On this 9th day of April , 2007 , before me appeared Stephen M. Klein to me personally known, who, being duly sworn, did say that he is the Attorney-In-Fact of United Fire & Casualty Company of Cedar Rapids, IA that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. KARLA DEUTSCH HUNT ti .�` , i YNotary Public NOTARY PUBLIC-MINNESOTA �A4 ti My Commission Expires Jan.31,2012 UNITED FIRE&CASUALTY COMPANY HOME OFFICE-CEDAR RAPIDS,IOWA ` CERTIFIED COPY OF POWER OF ATTORNEY ` (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does Make,constitute and appoint JOHN D. KLEIN, OR JOHN C. KLEIN, OR STEPHEN NI. KLEIN, OR KRISTIN M. BAKOS ALL INDIVIDUALLY of SAINT PAUL MN its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and Al]. Bonds and to bind UNITED FIRE &CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE&CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE& CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. `Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice'President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of anyofricer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power.of attorney or certification of either authorized hereby; such signature and seal, when so used being adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ,,,,,��� IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by � tjy' ,, its vice president and its corporate seal to be hereto affixed this 1st day of February., 2004 4. COt,OR41E Viet isAL UNITED FIRE &CASUALTY COMPANY .'e ..p. .(; ) ,W%N By �q Vice President State of Iowa,"County of Linn, ss: • On 1st day of February, 2004, before me personally came Randy A. Ramlo to me known,who being by me duly sworn, did depose and say;that he resides in Cedar Rapids, State of Iowa;that he is a Vice President of the UNITED FIRE &CASUALTY COMPANY; the corporation described in and which executed the above instrument that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. .�_ i 1 4*Id e# - PATTI WAODELL COMMISSION wu►ees 713274 Notary Public • • MY COMMISSION ExPIRES My commission expires:. 10J26J2007 ow /D'o-L-Pr7 I, the undersigned officer of the UNITED FIRE&CASUALTY COMPANY,:do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney; with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof,;;and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now infull force and effect. "hasu„, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company `�,: this 9 day of April 20 07 totpot&tE ,/ Secretary BOND0019 0802 01 UND3270B I f. Install a new concrete splash pad as detailed in the attached figure. Install new Owner supplied locks for all roof manways. g• PP IB. A Bid Unit Price allowance has been included for non-specified welding and grinding repairs for the removal of erection scab marks and splatter marks. A quantity of 85 Ihours has been included on the Bid Form for this Bid Item. 1.02 SUBMITTALS IA. Submit 5 copies of shop drawings and 2 copies of Operation and Maintenance Manuals for the following items: 1. Tank roof vent/fmial and vent screen. I2. Roof ventilation manway. 3. Roof handrail. I' 4. Safe ty climb system. ys 1 5. Gaskets. I6. Riser pipe expansion joint. 7. Mud valve. I8. Riser pipe insulation and aluminum jacket. $ 9. Lighting and electrical items specified in Division 16-Electrical. 1.03 QUALITY ASSURANCE IA. Standards: The design, fabrication, and installation of the additional items for this water reservoir shall be in accordance with the requirements of the current American I Water Works Association Specification ANSI/AWWA D100 for Welded Tanks for Water Storage and in conformance with all Minnesota Department of Health standards. 1 B. Approvals: The requirements of OSHA and the Minnesota Industrial Commission shall be followed for the design and construction of the additional items and all other Ipertinent aspects of OSHA shall be followed in carrying out this Contract. I 000055-07147-0 e 2007 Bonestroo,Rosene, 1 Anderlik&Associates,Inc. 15240-3 STEEL WATER RESERVOIR REPAIRS PART 2-PRODUCTS 2.01 STEEL MATERIAL I A. All steel material shall be A36 rolled sections and plats or meeting the requirements of AWWA Standard D100 or as mentioned in the above specific items. 2.02 GASKETS A. Buna-N Rubber with a durameter hardness of 50 on the Shore scale as manufactured by Power Process Equipment. Phone(612)937-1000. 2.03 CAULK 1 A. Sika-Flex 1A elastomeric caulk,or approved equal. I PART 3 -EXECUTION 1 3.01 STRUCTURAL REPAIRS AND MODIFICATIONS A. Furnish, install, and/or perform all structural repairs and modifications as listed in 1 1.01.A. B. All repairs by welding shall be ground smooth or radiused.. These will be welded by a skilled,certified welder under the direction of the Engineer. All welders shall be certified in conformance with ASME Section IX and shall submit current copies of all the welders' certifications to the Engineer and the Owner. The repaired areas shall conform to the surface preparation requirements of NACE Standard RP0178- 89. 3.02 MEASUREMENT AND PAYMENT A. Lump Sum Bid Item is provided for all items listed in this Specification Section as detailed in Part 1.01.A of this Section. Include all costs to repair,replace,modify,or add materials as specified in this Section in the Lump Sum Bid Item. B. An hourly Bid Unit Price Item is provided for items listed in Part 1.01.B of this Section. Payment by the man-hour of welding or grinding shall be compensation in full for all labor, equipment, and materials for this work: 1. Welding and grinding attributable to specified repairs, modifications, or specified seal welding will not be paid hourly,since it is covered in the Lump Sum Bid Items. 1 000055-07147-0 1 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 15240-4 STEEL WATER RESERVOIR REPAIRS I I 1 C. An Alternate Bid item is provided for the removal and replacement of the riser pipe I expansion joint located in the valve vault at the base of the tower. Include all costs for all labor,equipment,and materials to remove and replace the rise pipe expansion joint in the Alternate Bid Item. ID. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. I END OF SECTION I I I I I I I I I I I I I 000055-07147-0 I C 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 15240-5 STEEL WATER RESERVOIR REPAIRS I SECTION 16050 BASIC ELECTRICAL MATERIALS AND METHODS PART 1 - GENERAL 1,01 SECTIO N INCLUDES A. General Description of Electrical Work: 1 1. Lighting,receptacles,and miscellaneous wiring. 2. Cathodic protection(if the Alternate is accepted by the Owner). 3. Demolition. B. General Instructions for Electrical Contractor: 1. Contractors quoting electrical equipment and construction shall be responsible for meeting the requirements of all Sections of these Specifications as they relate to electrical equipment and work. 2. Electrical work shall include all power, control equipment, and wiring required for this complete installation. 1.02 RELATED SECTIONS A. Conditions of the Contract and Special Provisions apply to the work of all Sections in Division 16 -Electrical. I1.03 CODES A. All work performed under this Contract shall conform to the latest editions of the National Electrical Code (NFPA 70), the National Electrical Safety Code, and the Minnesota State Building Code. 1.04 STANDARDS A. Where applicable,equipment and materials shall have the Underwriters La boratories (UL)label; and shall conform to ANSI,ICEA,IEEE, and NEMA standards. I I 000055-07147-0 ®2007 Bonestroo,Rosene,& Inc. 16050-1 Anckrlilc BASIC ELECTRICAL MATERIALS AND METHODS 1.05 INSTRUCTIONS AND PARTS LII'ERATURE A. Instruction and parts literature is generally packed with electrical equipment and devices. Contractor shall be responsible for removing this literature from the - equipment to which it applies and filing the literature in loose-leaf binders. :; PART 2-PRODUCTS "'�' 2.01 EQUIPMENT AND MATERIALS A. All equipment and materials shall be new and shall bear the Underwriters Laboratories(UL)label if such products are listed by UL. PART 3 -EXECUTIQN 3.01 WORKMANSHIP A. All work shall be performed in a neat,workmanlike manner I consistent with the high quality standards of the electrical trade. Each electrician shall be knowledgeable and well-trained in the particular task he is to perform. 3.02 EQUIPMENT MOUNTING A. Equipment which is not free-standing shall nig be mounted on wood panels,but shall be attached to tank walls or support channels. 3.03 DEMOLITION A. Remove all existing electrical lighting and related appurtenances. B. Unless noted otherwise,all demolished equipment shall be removed from the Owner's property and disposed of properly. r£ C. All openings through the exterior of the tank that are due to abandoned equipment shall be sealed with a weatherproof seal as part of this Contract. END OF SECTION I 000055-07147-0 ®2007 Bcnestroo,Rosette, Andaiik&Associates,Inc. 16050_2 BASIC ELECTRICAL MATERIALS AND M rrnot s I SECTION 16110 RACEWAYS PART 1 -GENERAL 1.01 SECTION INCLUDES IA. Conduit. B. Conduit fittings. C. Pull and junction boxes. 1.02 REFERENCES A. NECA 1 -Standard Practices for Good Workmanship in Electrical Contracting. B. NEMA TC2-Electrical Polyvinyl Chloride(PVC)Tubing and Conduit. C. NEMA 250-Enclosures for Electrical Equipment(1000 volts maximum). D. NFPA 70-National Electrical Code. E. UL-6-Rigid Metal Conduit. F. UL-360-Liquid-Tight Flexible Steel Conduit. G. UL-651 - Schedule 40 and 80 Rigid PVC Conduit. 1.03 SUBMITTALS A. Product data sheets for each type of conduit shall be submitted. IPART 2-PRODUCTS 2.01 RIGID METAL CONDUIT A. Steel. B. Galvanized inside and outside. C. NFPA 70,Article 344. D. UL-6. E. UL listed. 000055-07147.0 ®2007 Bonestroo,Rosene, 16110-1 RACEWAYS Anderlik&Associates,Inc. 1 2.02 RIGID METAL CONDUIT FITTINGS A. Threaded couplings and fittings only;no set screw,gland type,or split fittings. B. Grounding type insulated bushings; O-ZiGedney Type BLG,or equal. C. Insulated bushings;Midwest Electrical Mfg.Co.,O-Z/Gedney Type B,or equal. D. Sealing locknuts;Midwest Electrical Mfg. Co.,RACO,or equal. E. Expansion Fittings: 7 .=i 1. 4 inch conduit movement. 2. Aluminum;0-Z/Gedney Type AX,or equal. 3. Aluminum external bonding Jumper,O-ZJGedney Type ABJ,or equal. III F. Pull Fittings(C,LB,Etc.): 1. Copper free aluminum. 2. Clamp type, stamped aluminum covers with gaskets and stainless steel I screws and clamps. 3. ' Appleton FM7,Crouse-Hinds Form 7,or equal. I G. Conduit Hubs: 1. Full contact type with sealing"0"ring. 2. Stainless steel for 8al vanized steel conduit. I 3. Myers"Scru-tite,"or equal. 2.03 RIGID NONMETALLIC CONDUIT AND FITTINGS PV for Type II and III applications. A. EPC-40-PVC and EPC-80-PVC yp Type app B. Sunlight resistant. C. Approved for 1. Direct burial. 2. Concrete encasement. -t 000055-07147-0 0 2007 Bonestroo,;tonne, 16110-2 RACEWAYS Anderiile&Associate,Inc. 1 I 3. Above ground and exposed applications. D. NEMA TC2. E. NFPA 70 Article 352. F. UL-651. G. UL listed. H. Carlon, CertainTeed,or equal. 2.04 LIQUIDTIGHT FLEXIBLE METAL CONDUIT A. Galvanized steel core. B. Built-in continuous copper ground in 1/2 inch through 1-1/4 inch. C. PVC jacket. D. NFPA 70,Article 350. E. UL-360. F. UL listed. G. Amer-Tite Type UL, Anamet Anaconda Sealtite Type U.A., Electri-Flex Liquatite Type L.A.,or equal. H. Connectors: 1. Groundin g ferrule and insulated throat. 2. UL listed. 3. Appleton STB,Crouse-Hinds LTB,Midwest Electric LTB,or equal. 2.05 PULL AND JUNCTION BOXES A. Fabricated from galvanized steel. B. Covers attached with hinges and stainless steel screws located within 1/2 inch of each corner opposite the hinges and spaced not more than 12 inches apart. C. Neoprene gasketed covers. 000055-07147-0 ®2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 16110-3 RACEWAYS 11 D. Sized per NFPA 70 with enough capacity to add to each side tit least 2 conduits of the same size as the largest conduit which enters the box. E. Type FS or FD copper-free aluminum cast device boxes for all surface mounted small boxes. 2.06 CONDUIT CLAMPS A. Conduit clamps for rigid metal conduit shall be malleable iron, one-hole clamps 1 a with malleable iron clamp backs; Crouse-Hinds MW500 Series, Raco 1303/1324, Appleton CL75M/600M,or equal. EAR11-.EXECILUN 3.01 CONDUIT INSTALLATION A. Conduit size shall be as shown on the Drawings or as required by the NI4Pft 70 with a nlinintutn size of 3/4 inch, except that 1/2 inch may be ttsed to connect to Ili devices which have a knock-out or fitting for only 1t2 inch conduit All raceways shall be installed in accordance with NECA 1, Standard Practices for Good II Workmanship in Electrical Contracting,and as specified herein. B. Pull boxes or fittings shall be installed as Project Site and pulling requirements dictate. C. All raceways shall be rigid steel,unless noted otherwise. I D. Conduits or groups of conduits shall run parallel to or perpendicular to building lines. Grouped conduits shall be supported at proper intervals with trapeze or bracket type hangers constructed of galvanized Unistnit,Power-Strut,or equal. All hangers, fasteners, nuts, etc. shall be galvanized steel or stainless steel. Support fasteners shall be preset inserts, beam clamps, expansion shields, or gun-drivezi studs. E Any conduit run which goes through an exterior tank wall or between rooms of 111 more than 30°F.difference in temperature shall be sealed internally at the wall with III duct sealing compound. F All pull and outlet boxes shall be set plutnb. Boxes for concealed wiling slid! be flush with the finished surface. All boxes shall be UL listed for the location in which they are installed. G. Expansion fittings shall be installed at expansion joints and where the length of • straight run requires it. H. All conduits shall be kept dry and free of water or debris with pipe plugs or caps. 000055-07147-0 0 2007 Boonton,Rosana, Anderlik&Associates,Inc. 16110-4 RACEWAYS I I I. Conduit terminations to terminal boxes, cabinets, and enclosures shall have double locknuts and insulated bushings. External locknuts shall be sealing locknuts. J. Conduit terminations to outdoor or below ground NEMA 3R, 4, and 4X terminal boxes,pull boxes,cabinets,and enclosures shall use full contact hubs. K. Liquidtight flexible metal conduit shall be used to connect from the rigid conduit system to equipment and devices if a rigid connection is improper or impractical. L. Only raceway types which are specified herein shall be used. I END OF SECTION I 1 I I I I I 000055-07147-0 2007 Bonestroo,Ronne, Anderlik&Associates,Inc. 16110-5 RACEWAYS I SECTION 16120 WIRES AND CABLES PART 1 -GENERAL 1.01 SECTION INCLUDES A. All wiring and conductors required for a complete installation shall be provided. 1.02 DELIVERY REQUIREMENTS A. All wire and cable shall be new and shall be delivered to the Project Site in coils or on reels. Each coil and/or reel shall have a label with the manufacturer's name,trade name of wire, size of wire and UL label; they shall be suitably tagged for proper identification. PART 2-PRODUCTS 2.01 600 VOLT WIRE AND CABLE A. All feeder and branch circuit wire shall be 600 volt insulated with stranded copper conductor. Conductor Size#4 AWG and smaller shall have THWN insulation;and Size#3 AWG and larger shall have THWN or XHHW insulation. B. Insulation of all wire shall conform to the NEC. 2.02 TERMINALS AND CONNECTORS A. Tool compressed terminals and connectors, Bumdy, Thomas and Betts, or equal, shall be used for all taps and terminations;except for lighting circuits where electrical spring connectors,3M"Scotchlok"or"Ranger,"Ideal"Wing-Nut,"or equal shall be used. B. Control circuit conductors which are terminated to post type screw terminals shall use vinyl or nylon self-insulated locking fork terminals. The terminal insulation shall provide support for the wire insulation;Thomas and Betts Type FL,Bumdy Type TP- LF,Panduit Type PNF, 3M Type MNG, or equal. 2.03 CABLE TIES A. Non-releasable nylon. B. Bumdy"Unirap,"3M Brand"Scotchflex,"or equal. I 000055-07147-0 ©2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 16120-1 WIRES AND CABLES PART 3-EXECUTION 3.01 WIRING METHODS • A. All wire shall be installed in the specified raceways. Wire pulling shall beperformed through the system in such a manner as not to exceed the maximum tensile strength III of the cable being pulled as allowed by NFPA 70 and/or cable manufacturer. All handling and installation of wire and cables shall be done by competent and skilled 11 • workmen who shall use methods,which will prevent damage to the wire and cable. Pulling compound shall dry to a fine non-conducting lubricating powder and shall be approved by the cable manufacturer. B. All raceways shall be free of foreign material and moisture before pulling wire or is cable. • C. Any conductor solely for equipment grounding purposes shall be green in color, unless it is bare. A separate grounding conductor shall be provided with all lighting 14' and receptacle circuits. D. Conductors shall be without splice from termination to termination,unless indicated otherwise on the Drawings. 3.02 TERMINATIONS A. All taps and terminations in power and control circuits shall be made with tool si compressed connectors as manufactured by Bumdy, Thomas and Betts,Cr equal. Contractor shall provide all wire connectors, lugs, and terminals,unless indicated otherwise. B. Bolted compression lugs fumisletd as an integral part of the equipment shall be used to terminate the conductors. C. Electrical spring connectors 3M "Scotchlok" or "Ranger," Ideal "Wing-Nut," or equal,may be used for splices and taps in receptacle and lighting circuits only. I 3.03 IDENTIFICATION A. All circuits shall be tagged as a group where they enter a piece of equirenent or a terminal cabinet. Tag shall identify the location of the other end of the run, shall show the conduit size,shall show the quantity and size of conductors,and shall list • all the wire numbers. Tags shall be nylon plates,Panduit MP Series,Thomas&Betts TC Series, or equal, marked in black with a marking pen specifically designed for such use;Panduit Part No.PX-O,Thomas&Betts Cat.No.WT163M-1,or equal. 000055-07147-0 0 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 16120.2 WIRES AND CABLES 40 B. If more space is required than available on the above nylon plates,tags shall be approximately 2-3/8 inches x 4-3/4 inches medium weight shipping tags with reinforced eyelet, Dennison Size 5, Grade G, or equal. Tags shall be marked with black ink and the writing shall be covered with adhesive-backed plastic or clear polyester film tape,such as 3M Scotch Brand 3750 Clear Box Sealing Tape,or equal. END OF SECTION I I I I I I 1 I I I 000055-07147-0 ©2007 Bonestroo,Rosene, Ander)*&Associates,Inc. 16120-3 WIRES AND CABLES I SECTION 16140 WIRING DEVICES IPART 1 -GENERAL 1.01 SECTION INCLUDES A. Wiring devices which include switches,receptacles, wall plates, and outlet boxes. �I I1.02 QUALITY A. All wiring devices shall be approved by OSHA and shall be products of the same manufacturer,unless specifically noted otherwise. Wiring devices shall be ivory in color. 1.03 SUBMITTALS A. Product data sheets shall be submitted for all materials specified herein. PART 2-PRODUCTS 2.01 SWITCHES A. Switches shall be heavy duty specification grade, quiet, toggle type, side and back wired,rated 20 amperes under all loads, 120-277 volts;Eagle 2221 Series,Hubbell 1220 Series,Leviton 1200 Series,Pass&Seymour 20AC Series,or equal. 1 2.02 CONVENIENCE RECEPTACLES A. Convenience receptacles shall be Specification grade,duplex 3 wire grounding type, side wired, rated 20 amperes, 125 volts; Eagle 5362, Hubbell 5362,Leviton 5362, Pass &Seymour 5352,or equal. B. Ground fault circuit interrupter receptacles shall be rated 20 amperes, 125 volts; P P Pe Eagle 647,Hubbel GF-5362,Levington 6399,or equal. 2.03 WALL PLATES A. Switches shall have weatherproof gray cast aluminum lift cover plates,Hubbell 7420, or approved equal. IB. Indoor receptacles shall have weatherproof gray cast aluminum double lift cover plates,Hubbell 5205WO/5206WO, or equal. 000055-07147-0 1 ®2007 Bonestroo,Roselle, Andedik&Associates,Inc. 16140-1 WIRING DEVICES C. Outdoor receptacles shall have a weatherproof while-in-use hinged cover, specification grade,UL Listed cover,Tag Mac,Red Dot,or equal. 2.04 OUTLET BOXES A. All surface mounted outlet boxes for switches and receptacles shall be Type FS or FD cast device boxes. j B. All outlet boxes shall be of sufficient size for the number of wires specified as ' required by Section 370-6 of the National Electrical Code. PART PAB.12:.EXECIIIIQN IF 3.01 INSTALLATION A. Switches,and convenience outlets shall be provided where shown or noted on the figures. B. Switches-and convenience outlets shall be mounted 4 feet above floor level,unless indicated otherwise on the figures. C. All receptacle outlets shall be properly grounded to a separate grading conductor, is which has green insulation. D. East receptacle shall have its own dedicated branch circuit fed from the existing panelboard. END OF SECTION I I 000055-07147-0 e 2007 Bon..aoo,Rosen, Andecrik&Aisociates,Inc. 16140-2 w1RINO DEVICES mow SECTION 16450 GROUNDING PART 1 -GENERAL 1.01 SECTION INCLUDES A. Grounding electrode. B. System and equipment grounding. 1.02 RELATED SECTIONS IA. Section 16640-Cathodic Protection. 1 PART 2-PRODUCTS 2.01 WIRE A. All wire used for grounding shall be Class B stranded copper; either bare or with green insulation. B. Size shall be as specified herein and/or as shown on the Drawings. I2.02 GROUND ROD A. Ground rod shall be 3/4 inch x 10 feet copperweld. 2.03 CONNECTORS AND TERMINATORS A. Contractor shall provide all connectors and terminators required for ground connections. B. Tool-compressed connectors and lugs shall be used, except for connections to bus bars which may be made with Burndy Type QGFL bar taps. I 1 i 000055-07147-0 2007 Bonestroo,Ronne, GROUNDING &Associates,Inc. 16450-1 PART 3 -EXECUTION 3.01 INSTALLATION A. Contractor shall provide 1 grounding electrode(ground rod)as showuon'the and shall connect it to the ground bus of the existing panelboard. B. An equipment grounding conductor shall be installed with each branch circuit. Conductor shall be connected to the equipment ground or to the equipment enclosure if there is no ground bus. 3.02 SPLICES AND TERMINATIONS A. Splices and terminations of the grounding electrode system shall be brazed,shall be 'exothermic welded using the Bumdy"Thermoweld"or Erico Products"Cadweld,'or ., shall be made with tool-compressed fittings as manufactured by Thomas&Betts,or equal. B. Connections to bus bars or ui eq pmecit enclosures shall be made with tool-comptessed lugs which are bolted to the equipment or with Burndy Type QGFL bar taps. 3.03 TESTING A. The ground resistance of the grounding electrode shall be measured before it is connected to the existing panelboard ground bus. A final ground resistance measurement shall be made after the complete grounding system has'bee connected. 111 4�. B. Ground resistance measurements shall be made with a 3 terminal, null balance instrument that has an accuracy of+1- 2 percent of full scale reading of selected range, and which provides direct reading down to 0.5 ohm, AEMC EMC Model 3640, AVO(Megger)Catalog No.DET62D,orequal. Approved alternates are the AEMC Model 3711 and the AMPROBE Catalog No. AMPDGC.1000 clamp-on ground testers. END OF SECTION 000055-07147-0 o 2007 Booestroo,Roo;ne, Anderbl&Associates,1nc. 16450-2 GROUNDING 1 SECTION 16500 LIGHTING PART 1 -GENERAL 1.01 SECTION INCLUDES A. A complete lighting system shall be provided for the water tower and shall include all fixtures, wiring, lamps, and wiring devices as shown on the Drawings and as specified herein. 1.02, SUBMITTALS A. Submit product cut sheets and descriptive data for all proposed fixtures. B. Provide Operation and Maintenance Manuals. PART 2 -PRODUCTS 2.01 FIXTURES Letter Symbol Description A. Rated 150 watt incandescent, copper-free aluminum housing, clear glass globe, aluminum guard,and UL label for wet locations;Hazlux VIM-1512-GGL,Hubbell VWX-152,or approved equal. B. Federal Aviation Agency Approved Double Obstruction Light: 1 1. Approved under FAA specification L-810. 2. Red LED based obstruction light. 3. Weather and corrosion resistant lamp assembly and housing. 4. Rated 120V, 12.5W. 1 5. FAA approved photocell control. 6. Drain holes in the fixture base to prevent the accumulation of condensation. 1 7. Conduit entrance tap sized as required. 8. Manufacturer: Honeywell L810LED-002, or equal. 000055-07147-0 ®2007 Bonestroo,Rosene, LIGHTING IAnderlik&Associates,Inc. 16500-1 C. 500 watt Quartz-Halogen floodlight,die cast aluminum minum housutg,tempered door glass with hinged from door, 1/2 inch threaded swivel mount, UL-1572 listed for wet location, GE Q5FG5OFDB,or equal. IP 2.02 LAMPS A. All fixtures shall be furnished complete with lamps; General Electric, Philips, Sylvania,or equal. B. High Pressure Sodium: I 1. Medium or mogul base,reflector or non-reflector as required by hnninaire. 2. Wattage as specified in the luminaire description. 3. Color temperature 2000 K. 4. Shall have a minimum Color Rendering Index{CRC}of 21 (or greater). I 5. Philips, or pre-approved equal. C. Incandescent/Halogren: 1. Medium or Mogul base as required by the luminaire. 2. Wattage as specified in the luminaire description. 3. Philips,or equal. PART 3 -EXECUTION 3.01 INSTALLATION A. In general, fixtures shall be located where shown on the Drawings; however, Contractor shall check equipment locations and install fixtures so that piping,other devices, or equipment shall not interfere with the fixture components or its tE. performance. Equipment locations shall have priority over lighting fixture locations. I B. Galvanized or stainless steel bolts, nuts, washers, and screws.shall be used for mounting fixtures or fixture outlets. C. Lenses,refractors,and glassware shall be clean and free from cracks or chips. All reflectors, shades, fixture bodies, etc. shall be free,from dents and scratches, thoroughly Y clean and properly aligned before installation is accepted by the Owner.All exposed tags and labels other than UL shall be removed. .; 000055-07147-0 0 2007 Bonertr+oo,Rosen, Atderlik&Associates,Inc. 16500-2 IdoH i II+tti I D. All fixtures shall be firmly supported by major structural members. E. The intent is to locate all fixtures so that they may be reached for cleaning and relamping. F. The 150 watt(Fixtures "Type A")incandescent fixtures shall have 100 watt lamps rated for 130 volts.Fixtures shall be provided as shown on the Drawings.Type"A" lights shall be located that 2 are located within the shaft ladder system and 2 are located in the dry riser of the tank as shown on the tank elevation figure. G. Obstruction light shall be centered on top of the tank on the new handrail system and shall be controlled by the photoelectric control and fed from the existing obstruction light circuit. H. Two (2) Type "C" flood lights shall be provided around the interior lower level perimeter of the tank as shown and/or noted on the Drawings. I. Contractor shall provide all mounting hardware and equipment required to mount the luminaires per manufacturer's recommendations. J. The Type "A" luminaires shall share a single branch circuit fed from the existing panelboard. 3.02 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. I END OF SECTION I I I I 1 000055-07147-0 ®2007 Bonestroo,Rosene, LIGHTING Anderlik&Associates,Inc. 16500-3 1 SECTION 16640 CATHODIC PROTECTION PART 1 -GENERAL 1.01 SECTION INCLUDES A. Furnishing and installing a complete underwater ice damage resistant cathodic protection system. The system shall be complete with all controls,wiring,anodes, etc. to provide a complete and operable system. This system is to be Bid as an Alternate on the Bid Form and to be only supplied and installed if the Owner accepts the Alternate add Bid Item. 1.02 RELATED SECTIONS A. Conditions of the Contract,Division 1 -General Requirements, and all Sections of '< Division 16 -Electrical apply to the work required for the complete installation as specified herein. 1.03 SUBMITTALS A. Shop drawings shall be submitted with Contractor's stamp of approval as specified in Section 01330—Submittals Procedures: 1. Shop drawings shall show complete installation instructions of equipment and wiring diagrams specifically for this Project. 2. Product part numbers and features which meet the Specifications shall be highlighted or otherwise noted. B. Operation and Maintenance Manuals shall be provided in accordance with the requirements of the Special Provisions. The manuals shall be edited specifically for this Project and contain the information provided for the shop drawings along with other additional information: 1. General manufacturer's information covering several options or equipment variations will be rejected. 1.04 QUALITY CONTROL A. The system shall be designed by a Corrosion Engineer who is an individual accredited by the National Association of Corrosion Engineers as being a Senior Corrosion Technologist or a Corrosion Specialist with experience in cathodic protection for water storage tanks. 000055-07147-0 m 2007 Bonestroo,Rosene, Anderlik&Associates,Inc. 16640-1 CATHODIC PROTECTION B. AU panels pro vided under this Section shall meet the requirements of UL-508. C. All panels shall be UL listed or third party certified in accordance with Minnesota Board of Electricity requirements for approval of electrical equipment,,Mnmesota Rules Parts 3800.3619 and 3800.3620. D. All panels shall be listed or third party certified when delivered.to"the Project Site. All field modifications shall be in conformance with UL-508. When the Owner accepts the panels, the Contractor certifies that the panels have retained their UL listing or third party certification. "1, I PART 2-PRODUCTS 2.01 MANUFACTURERS A. Harco model to be of the submerged horizontal permanent anode type. 2.02 SYSTEM REQUIREMENTS A. The rectifier unit shall perform in accordance with ANSUAW WA D104-04. It shall II be a Type A, dro p free system stem with,but not limited to,the fallowing features: 1 ' Weatherproof cabinet in accordance with NEMA 3R requirements. I. 2. Provisions for mounting, grounding,and pad lock. 3. Selenium or silicon rectifying elements. 4. Provisions for air-cooling operation. _. 5. Transformer. 6. Circuit breaker(s). 7. Provisions to vary current output from 0 percent to 100 percent of rated capacity. 8. Provisions for 110-120Vac,60Hz,single phase power. n+ 9. DC output capacity in volts and amperes in conjunction with the adequate number of circuits or separate rectifiers to meet the design needs. 10. Voltmeter(s)and ammeter(s). 000055-07147.0 0 2007 Boneebvo.Roscoe, Anderh'k&Associates,Inc. 16640-2 CATHODIC PROTECTION I ir' 1 11. Automatic controller shall adjust current output to compensate for changes in water level,temperature of water,water chemistry,and cathodic polarization, 1 and shall include the provisions: a. Monitor the tank-to-water potential, free of IR drop. Ib. Automatically adjust the tank-to-water potential,free of IR drop,to a preset value. c. Utilize long-life reference electrode(s)mounted in the tank. Id. Operate within 25MV of a preset value. Ie. Limit current to a preset value. f. Utilize potential meter(s)to display tank-to-water potential,free of IR I drop. B. The overall efficiency of the power unit shall exceed 65 percent and the power factor I shall exceed 90 percent at full load and rated voltage of the power unit in the conversion of A.C. to D.C. The power factor shall be greater than 85 percent at outputs exceeding 25 percent of the rated capacity. IThe anode suspension system shall be designed to be resistant to ice damage. The I C. p Ys anode suspension system shall consist of a minimum 5/16 inch polyester cord. The cord shall be secured to steel anchors welded to the side wall of the tank bowl or to the exterior of the dry access column. All cord to cord connections shall be tied and Itaped. D. The anodes shall be submerged in water and of sufficient length, number and I diameter, properly positioned to distribute the required current to the water. The anodes shall be constructed of Platinized Niobium or Activated Titanium and shall be installed as recommended by the manufacturer. Suspension of anodes shall be I adequate to support anodes securely and safely. The Anode wire shall be continuous with a maximum of 2 anodes per header connections.Anodes shall have a design life of 10 years or more. All anodes to header cable connections shall be sealed to Iprevent water migration. E. Reference Electrodes: The standard reference electrodes shall have a reproducible I potential and shall remain stable for a minimum of 10 years. The electrode shall consist of a copper-copper sulfate. The stationary reference electrode shall be positioned in the tank water to provide the most representative measurement for the I submerged surface area. The reference electrode to lead wire connection shall be encapsulated to prevent water migration. I 000055-07147-0 o 2007 Bonestroo,Rosene, MAnderlik&Associates,Inc. 16640-3 CATHODIC PROTECTION F. The pressure fitting entrance shall accommodate anode and reference electrode lead cad wires at the base of the tank. The fitting shall be manufactured to prevent leakage through the fittings and to prevent water migration through the wire insulation. G. The wire used shall meet the requirements of the National Electrical code for the allowable carrying capacities of copper wires. All wiring'on the exterior of thetank shall be insulated and run in rigid d conduit. All wiring within the tank shall be insulated to prevent copper conductor to water contact. H. All hardware used in conjunction with the system shall be protected 'against ,. corrosion. I PART 3_ 3.01 INSTALLATION A. The cathodic protection system is to be installed in workmanlike manner by factory II trained personnel skilled and experienced in this work. B. Conduits shall be secured to the tank structure with metal finger clips at intervals of 4 not more than 10 feet. C. Welding and cutting of steel coupling and anchors for horizontal anode suspension rectifier mounting bracket shall be and brig furnished by the Contractor prior to coating the tank. The cathodic protection constructor shall furnish drawings and materials to the prime contractor prior to coating. D. Materials and equipment shall be inspected prior to installation. Any defective component shall be replaced. E. The rectifier shall be mounted no more than 6 feet - O;inch from the top of the enclosure to the finished floor. F. All electrical connections inside the tank shall be sealed.to prevent water migration. al 3.02 MISCELLANEOUS MATERIALS A. All other incidentals necessary for a complete installation will be new materials and good workmanship in keeping with local electrical codes and practices and Subject to approval by Owner. 000055-07147-0 i, o 2007 Bonestroo,Rosen, Anderlik&Associates,Inc. 16640-4 CK11100IC PROThCTIori 1 3.03 STARTUP AND INSTRUCTION I A. The equipment manufacturer shall provide the services of a factory trained service crew to startup the installation, assure the system is working properly, and instruct Ithe Owner's personnel in its operation and maintenance. and set into operation,the cathodic protection supplier B. When the system is energized p P APP will demonstrate in the presence of the Owner representative that an adequate level of Icathodic protection is maintained in accordance with the following performance criteria: 1 1. The system's design and performance shall be verified by electrical(potential) measurements taken at a minimum of 5 critical locations on the structure I using an independent CuCUSO4 reference electrode and a high input impedance voltmeter. 1 2. All test data shall be reviewed and evaluated by the Corrosion Specialist. 3. Any system deficiency found by this testing procedure shall be corrected by Ithe cathodic protection supplier at no additional cost to the Owner. 3.04 WARRANTY I The cathodic protection manufacturer shall warrant all parts and labor required to A. p maintain the system in operation for 2 years after the date the system is started. The Imanufacturer will repeat the potential profile test in the presence of the Owner's Engineer to confirm potentials remain within the specified range after 12 months and Iagain after 24 months. B. If at start-up time or just prior to the expiration of the warranty, the po tential I measured fall outside the specified range, the system supplier will provide the necessary material and labor to modify the system sufficiently to bring all potential measurements within the required range. Upon completion of any modification,the I system supplier will run additional potential measurements to confirm all potentials are within the specified range. All modification work and testing will be conducted at the sole expense of the system supplier. In C. The manufacturer shall provide such a warranty in writing prior to startup of the equipment. All costs of warranty inspections and work shall be included in the Imanufacturer's quotation for the cathodic protection equipment. I 000055-07147-0 o 2007 Bonestroo,Rosene. Anderlik&Associates,Inc. 16640-5 CATHODIC PROTECTION I 3.05 MEASUREMENT AND PAYMENT A. An Alternate Bid Item is provided for ftu fishing and installing the Cathodic Protection:System. Include all work and costs of this Section into this Alternate Bid Item. Only furnish and install this system if the Owner accepts this Alternate Bid 11 4 Item. END OF SECTION ; 000055-07147-0 Co 2007 Baoesttoo,Roscoe,_ Aaderiik&Associates,Me: ' 16640.6 CAT1101)1C PROTECTION I 11 1 2523 tinlilla* fels-PAill IN 1 a Li 1 2 _Imo vim I A il =— ow III ITO mil 1 , fi Plini ,...ii "�►.•��. : I 41.11�' ,fir' '4'1► ''�a"t,. - N11_ 111111m! ► HIM T imi _ 1 pi•■ mo _ -- ..a MINIM I - 1 itilai Iii Pite.(4iimi _ im 21- ___.) (._ ---,c__ P ' "'-'7,1!Eu•-• _ I illits r" 1 _____., ,- I Pr. I _ - „NW ►.ri 1: Mt ,wow Zs isilp 14i mail mil g„, a u,-_. II i O —7 ----1.11 EMI ,..... .. 14. NI alm c .. 1111111U I/UluUluuu/!1111M11uuF Lil --∎ 111111•■■■ Iiuii� 'uii i.1/l �, Mil Ell r11:1 111 /riar$11:11 i1� x/11!■: = „Mar aTii :4 s E �, ■ /11111/11111m i / o� .. -� /111111111�N � s��:O p i%►111111110 1 0 kitanOr_ri PROJECT LOCATION +■11/t . MUI i AND BID SITE t - - �■m . 1 • 1i1i• : l 1 _s iierippor tau- s,, LOCATION PLAN kii Bonestroo I - Rosene wig OAK PARK HEIGHTS, MINNESOTA FIGURE 1 Asssocsoci A t & iates I 250,000 GALLON ELEVATED WATER TANK REPAINT Engineers & Architects 5507147F01.DWG DATE:FEB. 2007 COMM: 5507147 I I �1 PUBLIC WORKS FACILITY i ,, \ (-,--,A— — _-, Lsf I BIT. ,' N REMOVE MATERIAL AND FINISH GRADE SITE 1 SO LOW POINT AT BITUMINONUS/SIDEWALK (953.84) DRAINS SOUTHWESTERLY TO I BEHIVE CATCHBASIN SOUTH OF TANK 1 BIT. ;0 � S i ,, / 96' ,/ ,j 4N / t(:-ANK FNDT ti I (I .9.s- / _11 , l� EL. ±952.5 I a z v oi / J , 111 _1 i, I 9S _ x . II - -= 9S NI 11 0101- 7----4--1 ss� R2 i it ` BIT. II . �® ®_� PROTECT TREE '9 il N. I 1t !''67-6 �31'. LOWER VALVE CITY TO REMOVE BUSHES, BOX ±6" I TYPICAL OF 6. REMOVE APPROX. 10" OF BERM TO CB RIM I PROVIDE DRAINAGE FROM TANK EL. 951.59 BASE TO BEHIVE CATCH BASIN. STREET 1 SIGN 0 10' 20' 40' SCALE: 1" = 20' 1 I SITE PLAN ii Bonestroo Rosene I wig Anderlik & OAK PARK HEIGHTS, MINNESOTA FIGURE 2 11 Associates 250,000 GALLON ELEVATED WATER TANK REPAINT Engineers & Architects III 5507147F02.DWG DATE:FEB. 2007 COMM: 5507147 IINSTALL ANCHOR RING 43'-8" - INSTALL 14' DIA. RAILING AT TOP OF DRY RISER �.----- I WITH TYPE B DOUBLE LED IFOR ATTACHING LANYARD r-.. OBSTRUCTION LIGHT HIGH WATER ELEV. 1084.07 IWEATHER PROOF DUPLEX GFCI RECEPTACLE NEAR 111 OBSTRUCTION LIGHT INSTALL ONE 24" in PAINTER'S VENTILATION .. -I MANWAY INSIDE THE i I NEW HANDRAIL SYSTEM INSTALL TT T Y E A P LIGHTS, TYP IEXISTING 3'-6" DRY RISER WITH LOW WATER ELEV. 1052.82 _ INSIDE & OUTSIDE LADDER. INSTALL SAFETY CLIMB ON I INSIDE LADDER SYSTEM 12"x18" ACCESS MANHOLE IDUPLEX GFCI RECEPTACLE AT LANDING BELOW BOWL I II M NOTE: REFER TO SPECIFICATION M SECTION 15240 FOR ADDITIONAL I TANK MODIFICATION ITEMS. INSTALL TWO TYPE A LIGHTS, TYP I I 9'-O" I24'-8„ MODIFY OVERFLOW PIPE WITH SCREEN PER SPEC. INSTALL TWO TYPE C 4 LIGHTS, TYP I T 1 I INSTALL CONCRETE LIGHT SWITCH TO BE LOCATED OVERFLOW o ON THE LOCK SIDE OF DOOR SPLASHPAD I �' TOP OF FOUNDATION EL. 952.82.-_ TOWER SECTION TA Bonestroo I Rosene will o Anderlik & OAK PARK HEIGHTS, MINNESOTA FIGURE 3 VI Associates 1 250,000 GALLON ELEVATED WATER TANK REPAINT Engineers & Architects 5507147F03.DWG DATE:FEB. 2007 COMM: 5507147 6'—O" I 6" r 5'—O" J 6" FOUNDATION WALL CONCRETE SPLASH PAD 1 TANK WALL 2"O DRAIN HOLE 4 11 I EXISTING 8" - OVERFLOW PIPE I r; r O O r I I I I s Co REMOVE EXISTING OVERFLOW PLAN KNEW PIPE WITH BIRDSCREEN PIPE COVER & SCREEN EXISTING 8" I OVERFLOW PIPE REMOVE COVER EXISTING& SCREEN OVERFLOW I / / N 8W" DIA. OVERFLOW PIPE EW ITH BIRDSCREEN I TANK WALL FOUNDATION CONCRETE SPLASH PAD I WALL 3/4" CHAMFER, TYP °' 2"o DRAIN HOLE I r L, -1., ..111F• 1.0 SECTION #4 ® 12" I co 3/4" CHAMFER - , L f UP 'IF li=t ,I 11741 1 I #4 ® 12" SECTION CONCRETE SPLASH PAD & I OVERFLOW PIPE EXTENSION Auji Bonestroo Rosene I o vi Anderlik & OAK PARK HEIGHTS, MINNESOTA FIGURE 4 Associates 250,000 GALLON ELEVATED WATER TANK REPAINT Engineers & Architects I 5507147F04.DWG DATE:FEB. 2007 COMM: 5507147 r II Mir AMIE�► 1111 MEN -- 1/ I. • II WE / 11 A 'ENE i■l•' ■ 1■1 a 1= MIDPOINT 411I 1/ IR, IE■ ■■I 1•I ■ IR \I MI U OF TANK an ■' ■i■■I I j■_a ■• 1E1 al -��•E • __■� ■ ■ • _. IN r■►__ i•• a • --7 ■ 'r ■ �■1 IN w-'410 J■■ ' CITY NAME LETTERING 12"x12" GRID TO BE PAINTED SOLID I TOWER NAME SIGN SCHEME j/jjBonestroo I Rosene Anderlik & OAK PARK HEIGHTS, MINNESOTA FIGURE 5 II Associates 1 250,000 GALLON ELEVATED WATER TANK REPAINT Engineers & Architects 5507147F05.DWG DATE:FEB. 2007 COMM: 5507147 I I i I ce U. il tj . 0 1 . 1 .. i N Q = Q LI k 1110 � � _ � : 3 8 I • Q; . ' § r< .1 ?- - i 1 I i ,tt, p_ k: c<2 I lit 1 ,t w ill I g k a `-.m 1 : HJihijid g LI. 8 r u. 1 _1 11 I [ 1 I t L CO CA as 0 as � _ 1 - o i • u. � � � �� 0 Q 3 -sao aactugikgr co H V fr , O. fill o 1)) r.- .3 - a Win: ir - 1 ."-- t. k 3 w r 2111ix hik 411 il_ a. q co V i4 A a 2 lik i '14 - = 4 co ca \a \0 m e a a 5+0 Z Lk!LJ ti V cif 2 T �= t“. i i cL of,W'7M� I p tat ■ SET8C;^E,ST9 ES :T SOKit,siyi9 I ., t q. 'r a _ I C E r--'A of 't=+1? cc. -,Lr44,ss cA i 7'43 :,C'. '_:i 4j0L.,00/ 4. I Water Tank Evaluation P-OAKPH0601.00 City of Oak Park Heights Page 7 I I I �■ Pa,<''1;n- 13 i.^ FP). Fi%:CSBhirlt CGp) - D t ie Mt,JRGes Z002/O03 i '0t.'20@6 1;:59. E1Ec1rg1:c 030 1,11 P.,-)-±- f:12. ICORROSION • CONTROL • CONSULTANTS • AND LABS, INC. "1 I Wednesday.May'03.2006 Page I of 1 !I A,'�1ALlTIC_4L LABORATORY REPORT CLIENT: SEW.Inc.-Si.Paul DATE RECEIVED: Tuesday.May 02.2006 3535 Vadnais Canter D- DATE COMPLETED: Wednesday.May 03.2006 I St.Paul-MN 55110 PO/PROJECT ff: P-0.4XPT'30601.00 INVOiCE#: 343'32 Preparation Method: EPA 600,R-93(200M-P (Total Metals in Paint Chips.Sonication) I 1 Analysis Method:EPA 6010B (ICP-AES Method for Determination of Metals) i 1 LAB NUMBER: 06-5489 Mu s.mp End?, +:r.:rn I Sampled B)- Rum B? Semple octeriPow PIO Our Jab t.xrtbc oak Para}ia:cha.5 0 Sample tdeadricstem: I..7.10d SPS Oar Par.Heil»`n:P.:or do RErORTl\' T.LIEMEPT RESt..LT(by wddetl _ LIMiTr Lead 0.28% 0.0050 % I 6.49% 0.0013 °/ Chromium Cadmium 0.050'I, 0.00075 % • I I L(11si MBER: 06-5 0 Doe Sampled: Fn3n.+r*t:IL?u:6 ape R. Roes Pelt Sample Dercetpdaa: P3•rr.Chia 1 Jab 1 aeatiac •y};Pad 3eC�V.� Sample iderei mti+a: :-25SA`Jn ST'S Oat:Part Hal far:Emma Nalu I LL i _ LiHTT EhrF.hT RESVI I On memell REPORTING Lead 0.028% 0.0050 °v__- Chromium 017^11. 0.0013 % Cadmium 0.0081% 0 00075 °.'° 1 l ! L.�B armed i'R: 06-a Dun Sampled. R�.Ar t:I:T05 : Sam pled nc: Ran 9rcA.n i I I Jot Lea tla I Opt Psi Hop ia Sample lemirnfien. --250.000 S FS 0.a Pau..Hcg%-aten-x op ELEMENT RESULT b %ottr r REPORTING TING LI R TSmack Imcmt•a: rsm Chrp. Lead 0.045'.•L 0.0050 " I 0.080% 0.0013 Oro Chromium Cadmium 0.00 70".4 0.00075 `•r ( Unless Otherwise Noted: 1.1 All Of The Quality Control Meets The Rcqutrement_K. I 2.i The Condition Of Each Sample Wan Acccpta'le Upon Receipt i 4 •r:a•�. n'The 2RevTi.?•LA.., l Test Reviewed By: M,cCan Cost'-eli.Chemist Corrosion Convol Consr nts&Labs.inc.Is AMA Accredited In The Environmental Lead Program For Paint.Soil. I I Dust Wipes And Air:And In The Indusrial Hygiene Program For Metals. This Report Shall Not Be Reproduced E.xcepi 1r Full.Without Written Approval Cr-The Laboratory- lnd'tridls.^.i Sample Results Relate Only To The Sample Tested. I .a 5.1 el • =A.> E1E•Cd0-813c • t4•'E .-S'TE, ••nd„cccints.corr II L ..�o_ c, ^•h:Fr1 .T . k=tJ�'v00^ 1.11 ca5ti o , P-OAKPH0601.00 Water Tank Evaluation Page 0 ICity of Oak Park Heights I I Location: Interior Wet 1 Area x. q Ceiling ..n ,�‘ .1. ate * r ' Adhesion: Good I Overall Condition: Poor I Dry ThickneFilm ss I Minimum 10.0 Maximum 40.0 Average 25.0 4 I Condition Severe Advanced Moderate Slight None Rusting X Blistering X I Cracking X Peeling X Pitting X IChalking X Comments: Rusting is evident at plate edges which were not caulked. Severe corrosion is occurring Iin coating breaks and delamination areas ILocation: Interior Wet Area: Shell IAdhesion: Good IOverall Condition: Poor Dry Film I hicFness Minimum 12.8 Maximum 40.0 Average 26.4 Condition Severe Advanced Moderate Slight None I Rusting X Blistering X Cracking X I Peeling X Pitting X Chalking X IComments: Visible rust staining,delamination,blistering, corrosion to the point of metal loss I I Water Tank Evaluation City of Oak Park Heights P-OAKPH0601.00 9 Page 9 i 1 1 1 1 1 1r ' Interior- Breaks in the protective film are leading to significant metal loss in the howl l Wet r 1 Interior- More of the same ' Wet I Water Tank Evaluation P-OAKPH0601.00 City of Oak Park Heights Page 10 I • I i� r 4.:\A..'-_-.1,.. . , iti**II': .--. '''7- 4. I Interior- Mud builds up because cif the he i l,l�t of the fill./drain pipe I'latin,�a Shand 4: Wet curs type much-valve in the bottom of the bowl will make short work of this type of cleanup '4. - a'4', r 1 ;«r.r" � Fr e tz 3.° .� ; :: dam at's.: ,.�g� , ... a� _, :A s a�frP 1 '' 3;dt �.* s"` ' yr +�r k -1,^Y#.," .. ,,,Y-4 � k "+,�,}( �a.'• 4,4" � e n:*ri` s s, c�+' ys�t �:;.��� '.� R r. �. d Y , a� ""$off; �' s. ,�i x�*> € `�"+S•"'h�:iii.. . , - .., . :- . .',-;.;;;;;.,X�. . ✓, �. CIF ,�Y`y.. _ ,j �: T Z �� fir' i k interior- Old spot failure from the last spot Wet bottom or thi's,ot rt pair arc a average l�2�d paint protect. Dry films in the f 1e till's troth thc�surrounding areas aretom of rn-c�r t) nails it ar Water Tank Evaluation City of Oak Park Heights P-OAKPH0601.00 Page 11 I I .r,.,;7,' '-::'''',.;,.'-.•'1 ;'',,'4,.1, 3.1■^1',,OVS:g,-`r:.:'V.,'t,,,..:*:,i':"..::',,...''.;,,,...t:;,.;:-.4:,,,,s;..,;`:-;;J. -.:' , ,, ,,,t".,::51-:ki,..:=„;<*;41;.14.it.,, ,,,:,,:,.:- .-.'..,.-,:,'4,:,,. . ,-■''...P.1:4;,..,,r 4'4,91,"4"„;,,Pk4.,:itii,:%t11."0.1:::::,',i4)47'14',..t* '''4';;•,;;.:r14,f,,:i.;$:,,I.'"i;:?..."1'.4.4',V,;;'",„';‘*4;-'',..".. ,?1.:2 ',...',-..' ' . - .''''''''';',n•:?.:74:iit:'`.,.V.,44'-',,,t 4,7<'"''.:4-4ff-,,,,ow*,94f,A .,:4,14:;t;',.:11v.:,,,,,..;;:-,f-;,::::,,-,:i;::-.::: ',',1.:::---1,, ,''' ' '' ' ';'-:lf'''':'":•:7,-:-''nti:,;o4r'k;t-_,-'i',.'':'':.::y*::..:':;..-.i':::::::;::e!airr!::::i'!::,-,:f-',',.?-:-:-1::::''.l.',„,17..,':'.,-''"7_,!'''''..:':':::';'f!:::: - ,,,.....-., ,,...-.., .,,. :, :.,-:',T,,,',,,,p.'1'..".;•'•••-•,-4.,'"''',.'q,',.,',",`,,A•147-'7-;:tc-,',1,,,,,,,•-:',-,--,..--„----" ,:"":",',,,,''"', ' - '..'.: . . , . I , . I . . , I I Inte ri or- I Wet I _,'::,;4N.ZAZ:',.0:.,,'2;,•. ..7„q".4",..iizze-,: i#:,:vt:::;:7,1'=";',v k, ''.1'.:.''. '4..i:'4'74.0.4`..,,,, ...1V 4,)t,"•'.: .''..: 'tg*Ptii':17.t''..;',4='-'it.:4:iV,;.:...-,',,,:1-, ' -,-',:„:' . ..:_,,,.. aityi,,,,45.,•:'.. :".,.;...",•;',-.'",,,;,',-2.",,44,1;;;: e.:‘",‘,",-;,„;:2.;,,- . '. •„,,,,. ' - --'...--' ' "..4;!!..1::;,,,z..;;;V;4454:.::.,'',":.--,-'1:..."."-'",.-', y .....,,,,.... ...,..,..... „...,‘„,,,,.... ...... , 4'•'•,-14.114,..'Y',.:.:•,,.,1,4,'..„,•;•.1-,... „,, , -.,-• , !,.....„. W :4-...:64,,,,,,,,,,444., "4-: T.„...1,,,,,..,:',,,•••••-: ,,,, er,:.■;!,„ / .y.t *•::,..;',.,stk.‘,91..";',f.,(,,.„-1.trk,..',"4,,,-,":1j;&•.•41,;.,,-..,, • 4,41",t!t,'';‘-7.sr4:•:.4,,,,,-,%r,".:,'11:4,‘,..4.,,,,,..,.. I , .,. .-,, •• , • ...- ..,,.„ .•., ,,, ' ."1„1,44.•!.,..;, ,,,-,•1„,,• I ri„„,,,,,,.,.,,,,r,„...,,,,, ',-,,:-..-i•l•.--.r.-011°=6".,;', ,....,,,,_''','`ff■L'-;%;,:-., '-.;,..7.,,..1:::':'''':,14,::‘.,;.0.411,..A0?c,,..--=Y;4"..•.",.-,-j • NI. I • , . • , . .• .. . .-,,, . .,.,.... „.•,. • . ., . , . . .....,..,... ' •. . ,..,,, ..,.., - ..'"--------' •--. '. , - :.:',-2,,1, .., —. •. . . • , . . . . . ... , , •.... ... . . ..„ I • . , . . . ... .., . .. , . ,.. ,• .•,..,, • ,,,* ...„ ,„ . .- ., „.. ...7.;.„...ii,„..-, . 1,..-1. .'‘.',•‘ • • ' •. t,,-- - ..,,,ip•.0.,,,,_,--. ....„.„,,,,,.; , .;• , ,. , r . 1 ''.' '.i P.'' '''.0",,,:t:"•:14-",', kl,`,..-Vtio;,* ii.;•,!'",„,- .;:;:' . --...k.,„-,,,,:.;• :*"' --'•','N''- " • ---"- -" • '' . — ' 1 sat' .4.1•.- 14.:,-St";' .' ''''''' '''''''''''''',:f'''...'+,,...' ■' ,, .•-•''p'''.'...'".!t i,i';'''''''.11 - 7-' ' ,Interior- Iitciirg 1ronl work I Wet I 1 P-OAKPH0601.00 Water Tank Evaluation City of Oak Park Heights Page 12 I Location: Interior-Dry 1 Area: Condensate Pan Area Adhesion: Poor -_ l Overall Condition: Poor I Dry Film Thickness Maximum 10.0 Average 5.0 I Condition Bustin 11M111 w........_INIMEIIIIL._____IIIIIMMIMII.._all.MMIN....__1.11MMIML.........11.11MMII Advanced Moderate Slight None Blisterin reszainammemumuminuminThImININNINI■mmiThim I Peelin Pittin, i Comments: Severe metal loss well underway at welds. I IILocation: Interior-Dry Area: Dry Riser Tube -' Adhesion: �, Good 1\,4„ , Overall Condition: Good to Fair Dry Film Thickness Maximum 8.0 Condition Rustin Advanced Moderate I - Slight None Blisterin ruzziamommumMall...11.111102111.111111111111. Peelin ..........____11111111.111111611Thilliiiiiiimm=6111M.111111 Chalkin C IIMMMIIIIIIIIIIIMMMIIIIMIIIIIIIMIIIMIMIMIIIIIIMIIIIIIZIMIII omments: Platforms, top and bottom need surface preparation dry is well over half in need of complete removal and replacement and because the heavy metal presence in the old system we are recommending that it be completely ere is removed and replaced. 1 Water Tank Evaluation I City of Oak Park Heights P-OAKPH0601.00 Page 13 I � "- c, w; rte. = I t'4`i'4 Y �.,: as ry ,.R, t, g ^"ft.--` 1 k. • x fti: ,fit . I Y * tier' 7y✓) � I Swy��¢yy�:��i�"� yl� �., teri La The interior-dry head zl laden. }ailure is mostly pr r ry horizontal surfaces like platform and stiffener rings,etc. ominences and on I ; �4 G N y 1atr ° ra '� 3`Asa ' Y## �F . � a,x v.� kzj" .:t +K1". 4 tae w ,:'.: 3 ...A tr i ,.'ki,,,,..,, ','^'' , ' r,, ''...,.,,,,,. :'" '''',,, '°^'.>, , ,'''' '''''''..' ' / ''' :' '''' ' ', Illft'PIOC' 18" `^� t �; --- .X 14"approximately pressure-:style klanwati leading into the interior-cvet Dry from the interior-drs. 1 1 City of Oak Pa rk Heights , Page 14 I I 12 1 m �t' r ,ri.:' ',. ,,,.,. ..' ::.. ' .'v 1 .. Interior ' , Dry s'1'^-/:::e'::.;`# :?�' iM - } ' 'ii, j",xs y kit ..z sf t ; x3 as : .- r d d :"t;I .8 ? 7 i ) I I rr � { I +' .a ' Interior ° Dry 1 I Water Tank Evaluation City of Oak Park Heights P-OAKPH0601.00 Page 15 Location: Exterior , Area Pedestal Exterior sip /44 Adhesion: IFair � '� ��` Overall Condition: ` ' Poor Ory Film Y �f , Minimum Average e k ; Thickness 10.0 Maximum 18 0 g 12.0 I Condition a a Ronda Advanced Moderate < Slight None Blisterin ' Crackin: Peelin1 11111111111.11111,____IMEIMMIC 1111111111111111111._____1111.1.1111111111111111.11 Pittin, IComments: Blast and saint them both to save these •onions of the structure I Location: Exterior ` g ,Area: Cone kgRIPX?!-'IltA4 :-,:,- - 'Adhesion: Good � Overall Condition; ,..< r :$-A :', I Fair to poor f its Dry Film A � ' ti` Thickness Minimum ka` 4x ;Z:,.."--,,,: Maximum 20.9 Average _ � a: $���°�>`�� t a ! 'XSu Condition 4 Y 4 '' 4„ Rustin Advanced Moderate Slight None - I Blisterin Peein -- 1 Pittin Chalkin: -■ ' Comments: Exterior has been spot blasted/coated Areas surrounding old spot bs areas are now severely corroding and surrounding ro years ago. coatin:s ed:es are undercuttn:. g and surroundng I Water Tank Evaluation City of Oak Park Heights P-OAKPH0601.00 Page 16 I fix, T 1 pt n j 5 IIf 2 Y IExterior I'tet ious overcoat work done 23 Near ago i.,as d Base Cone& then an orercoat. The tr■c rcoat work thine then i pt' Mast.spot rcn r and Pedestal peeling hrit ;anil tailing nntt. I I . .. I ".`TM._,„,, ' t • J e '-'‘‘../..'4',..; Ai I Exterior 1'1[1-point rusting on the root Phis old pipe fitting;was s used last time as a Roof rigging;point and then left open. It is temporarily sealed nota'but need:seal- t+-elding as a final solution to keep rain water out of the tank I I Water Tank Evaluation I City of Oak Park Heights P-OAKPH0601.00 Page 17 1 Anil ��j A } • V. • .4 Old Vent This outnuxied method or e enting the tank needs to be sealed up with a neoprene hoot and then replaced by a new compliant roof rent_ This xv ill improve structural reliability as well as enhance the hygiene of ertones I Old Needs to be modified to meet et State y ditch for o1 errfloea construction as well its be drained over to the nearby dtteh Water Tank Evaluation City of Oak Park Heights P-OAKPH0601.00 Page 18 1 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. 1 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT r Prepared by 1 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By I = = National Society Professional Engineerse AM RIc n COL NUL Of t NGlniuijn(.CUAIPANIFS PrefitSSOial PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by kiTArl I ITemti4 y,BellSlteai The Associated General Contractors of America Knowe and Sledgustaining for Creating the Built Environment Construction Specifications Institute 111 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 I I I I I I I Copyright©2002 I National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314 American Council of Engineering Companies 1015 15th Street,N.W.,Washington,DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 I I I T Gel Conditions hd h Suggested interrelated and of a A changreee in ent one may necessitate a actor change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and I Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions(No.C-800) (2002 Edition). I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional 2 ngineers for EJCDC. All rights reserved. II - II ITABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6 6 II 1.01 Defined Terms 8 1.02 Terminology 9 ARTICLE 2-PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 2.04 Starting the Work 9 I 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 10 ARTICLE 3 -CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 1 3.01 Intent 10 3.02 Reference Standards 3.03 Reporting and Resolving Discrepancies 10 10 it3.04 Amending and Supplementing Contract Documents 11 III 3.05 Reuse of Documents 11 3.06 Electronic Data ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS 11 I ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 11 4.01 Availability of Lands 12 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions I12 , 4.04 Underground Facilities 13 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 14 ARTICLE 5 -BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 15 5.02 Licensed Sureties and Insurers 15 I 5.03 Certificates of Insurance 15 5.04 Contractor's Liability Insurance 15 5.05 Owner's Liability Insurance 16 5.06 Property Insurance 17 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 18 I 5.10 Partial Utilization,Acknowledgment of Property Insurer 18 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 I 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 19 6.05 Substitutes and "Or-Equals" 20 I 6.06 Concerning Subcontractors, Suppliers, and Others 21 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 22 I 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 I6.13 Safety and Protection 23 6.14 Safety Representative 23 6.15 Hazard Communication Programs EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies 23 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 25 ARTICLE 7-OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 26 7.03 Legal Relationships 26 ARTICLE 8-OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements;Reports and Tests 26 l 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 II ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative - 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 28 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 -COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 33 12.03 Delays 33 ARTICLE 13 -TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 1 14.05 Partial Utilization 38 14.06 Final Inspection 38 14.07 Final Payment 38 14.08 Final Completion Delayed 39 14.09 Waiver of Claims 39 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 39 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate 40 ARTICLE 16 DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 ARTICLE 17-MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 41 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 1 I I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 rder--A document recommended b GENERAL CONDITIONS 9. Change Order--A by Engineer which is signed by Contractor and Owner and ARTICLE 1 -DEFINITIONS AND TERMINOLOGY authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the 1.01 Defined Terms Agreement. A. Wherever used in the Bidding Requirements 10. Claim--A demand or assertion by Owner or or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or letters, the terms listed below will have the meanings Contract Times,or both,or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract. A demand for money or services by plural thereof. In addition to terms specifically defined, a third party is not a Claim. terms with initial capital letters in the Contract Documents include references to identified articles and 11. Contract--The entire and integrated written paragraphs,and the titles of other documents or forms. agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, 1. Addenda--Written or graphic instruments representations,or agreements,whether written or oral. issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 12. Contract Documents-- Those items so Contract Documents. designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract 2. Agreement--The written instrument which is Documents. Approved Shop Drawings,other Contractor's evidence of the agreement between Owner and Contractor submittals, and the reports and drawings of subsurface covering the Work. and physical conditions are not Contract Documents. 'I 3.Application for Payment--The form acceptable 13. Contract Price--The moneys payable by to Engineer which is to be used by Contractor during the Owner to Contractor for completion of the Work in course of the Work in requesting progress or final accordance with the Contract Documents as stated in the payments and which is to be accompanied by such Agreement (subject to the provisions of Paragraph 11.03 supporting documentation as is required by the Contract in the case of Unit Price Work). Documents. 14. Contract Times--The number of days or the 4. Asbestos--Any material that contains more dates stated in the Agreement to: (i)achieve Milestones,if than one percent asbestos and is friable or is releasing any, (ii) achieve Substantial Completion; and (iii) com- asbestos fibers into the air above current action levels plete the Work so that it is ready for final payment as established by the United States Occupational Safety and evidenced by Engineer's written recommendation of final Health Administration. payment. 5. Bid--The offer or proposal of a Bidder 15. Contractor--The individual or entity with I submitted on the prescribed form setting forth the prices whom Owner has entered into the Agreement. for the Work to be performed. I 16. Cost of the Work--See Paragraph 11.01.A for 6. Bidder--The individual or entity who submits definition. a Bid directly to Owner. 17. Drawings--That part of the Contract 7. Bidding Documents--The Bidding Documents prepared or approved by Engineer which Requirements and the proposed Contract Documents graphically shows the scope, extent, and character of the (including all Addenda). Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so 8. Bidding Requirements--The Advertisement or defined. Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any 18. Effective Date of the Agreement--The date supplements. indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on 1 which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 20. Field Order--A written order issued by 32. Progress Schedule--A schedule,prepared and Engineer which requires minor changes in the Work but maintained by Contractor, describing the sequence and I which does not involve a change in the Contract Price or the Contract Times. duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 21. General Requirements--Sections of Division 33. Project--The total construction of which the I 1 of the Specifications. The General Requirements pertain Work to be performed under the Contract Documents may to all sections of the Specifications. be the whole,or a part. I 22. Hazardous Environmental Condition--The 34. Project Manual The bound documentary presence at the Site of Asbestos, PCBs, Petroleum, information prepared for bidding and constructing the Hazardous Waste, or Radioactive Material in such Work. A listing of the contents of the Project Manual, quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the tables)of contents. connection with the Work. 35. Radioactive Material--Source, special nucle- i 23. Hazardous Waste--The term Hazardous ar,or byproduct material as defined by the Atomic Energy Waste shall have the meaning provided in Section 1004 of Act of 1954 (42 USC Section 2011 et seq.) as amended the Solid Waste Disposal Act (42 USC Section 6903) as from time to time. I amended from time to time. 24. Laws and Regulations; Laws or Regulations- 36.Related Entity--An officer,director,partner, employee,agent,consultant,or subcontractor. -Any and all applicable laws,rules,regulations,ordinanc- es, codes, and orders of any and all governmental bodies, 37. Resident Project Representative--The autho- agencies,authorities,and courts having jurisdiction. rized representative of Engineer who may be assigned to the Site or any part thereof. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or 38. Samples Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the II 26. Milestone--A principal event specified in the standards by which such portion of the Work will be Contract Documents relating to an intermediate comple- judged. tion date or time prior to Substantial Completion of all the Work. 39.Schedule of Submittals--A schedule,prepared and maintained by Contractor, of required submittals and 27. Notice of Award The written notice by the time requirements to support scheduled performance Owner to the Successful Bidder stating that upon timely of related construction activities. I compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the 40. Schedule of Values--A schedule, prepared Agreement. and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used 1 28.Notice to Proceed--A written notice given by as the basis for reviewing Contractor's Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to run and on which I Contractor shall start to perform the Work under the Contract Documents. 41. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29. Owner--The individual or entity with whom Contractor and submitted by Contractor to illustrate some I Contractor has entered into the Agreement and for whom portion of the Work. the Work is to be performed. 42. Site--Lands or areas indicated in the Contract I 30.PCBs--Polychlorinated biphenyls. Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and 31. Petroleum--Petroleum, including crude oil or easements for access thereto, and such other lands any fraction thereof which is liquid at standard conditions furnished by Owner which are designated for the use of I of temperature and pressure (60 degrees Fahrenheit and Contractor. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 43. Specifications--That part of the Contract I kerosene, and oil mixed with other non Hazardous Waste Documents consisting of written requirements for and crude oils. materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters but is evidence that the parties expect that the change I applicable thereto. ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order 44. Subcontractor--An individual or entity following negotiations by the parties as to its effect, if having a direct contract with Contractor or with any other any,on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology 45. Substantial Completion--The time at which A. The following words or terms are not defined the Work (or a specified part thereof) has progressed to but, when used in the Bidding Requirements or Contract the point where, in the opinion of Engineer, the Work (or Documents,have the following meaning. a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the B.Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the II purposes for which it is intended.The terms"substantially 1.The Contract Documents include the terms"as complete" and "substantially completed" as applied to all allowed," "as approved," "as ordered", "as directed" or or part of the Work refer to Substantial Completion terms of like effect or import to authorize an exercise of thereof. professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," 46. Successful Bidder--The Bidder submitting a "proper," "satisfactory," or adjectives of like effect or responsive Bid to whom Owner makes an award. import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise 47. Supplementary Conditions--That part of the of professional judgment, action or determination will be Contract Documents which amends or supplements these solely to evaluate, in general, the Work for compliance General Conditions. with the requirements of and information in the Contract II Documents and conformance with the design concept of 48. Supplier--A manufacturer, fabricator, suppli- the completed Project as a functioning whole as shown or er, distributor, materialman, or vendor having a direct indicated in the Contract Documents (unless there is a contract with Contractor or with any Subcontractor to specific statement indicating otherwise). The use of any furnish materials or equipment to be incorporated in the such term or adjective is not intended to and shall not be Work by Contractor or any Subcontractor. effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any II 49. Underground Facilities--All underground duty or authority to undertake responsibility contrary to . 1111 pipelines,conduits,ducts,cables, wires,manholes, vaults, the provisions of Paragraph 9.09 or any other provision of tanks, tunnels, or other such facilities or attachments, and the Contract Documents. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid C.Day petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other 1. The word "day" means a calendar day liquids or chemicals,or traffic or other control systems. of 24 hours measured from midnight to the next midnight. 50. Unit Price Work--Work to be paid for on the D.Defective basis of unit prices. 1. The word "defective," when modifying the 51. Work--The entire construction or the various word "Work," refers to Work that is unsatisfactory, separately identifiable parts thereof required to be faulty,or deficient in that it: provided under the Contract Documents. Work includes and is the result of performing or providing all labor, a. does not conform to the Contract Documents, services, and documentation necessary to produce such or construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as b. does not meet the requirements of any required by the Contract Documents. applicable inspection,reference standard, test, or approval referred to in the Contract Documents, 52. Work Change Directive--A written statement or to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by c. has been damaged prior to Engineer's - Engineer ordering an addition, deletion, or revision in the recommendation of final payment (unless Work,or responding to differing or unforeseen subsurface responsibility for the protection thereof has been or physical conditions under which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies. A Work Change Directive accordance with Paragraph 14.04 or 14.05). will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 11 E. Furnish, Install, Perform, Provide or, if a Notice to Proceed is given,on the day indicated in the Notice to Proceed. A Notice to Proceed may be given I 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times corn- supply and deliver said services, materials, or equipment mence to run later than the sixtieth day after the day of to the Site(or some other specified location)ready for use or installation and in usable or operable condition. Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2. The word "install," when used in connection 2.04 Starting the Work I with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, A. Contractor shall start to perform the Work on or equipment complete and ready for intended use. the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which 3.The words"perform"or"provide," when used the Contract Times commence to run. in connection with services, materials,or equipment,shall mean to furnish and install said services, materials, or 2.05 Before Starting Construction I equipment complete and ready for intended use. A. Preliminary Schedules: Within 10 days after 4. When"furnish," "install," "perform," or"pro- the Effective Date of the Agreement (unless otherwise I vide"is not used in connection with services,materials,or specified in the General Requirements), Contractor shall equipment in a context clearly requiring an obligation of submit to Engineer for timely review: Contractor,"provide"is implied. 1. a preliminary Progress Schedule; indicating F. Unless stated otherwise in the Contract Docu- the times (numbers of days or dates) for starting and ments, words or phrases which have a well-known completing the various stages of the Work, including any technical or construction industry or trade meaning are Milestones specified in the Contract Documents; iii used in the Contract Documents in accordance with such recognized meaning. 2.a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the I ARTICLE 2-PRELIMINARY MATTERS Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to 2.01 Delivery of Bonds and Evidence of Insurance serve as the basis for progress payments during performance of the Work. Such prices will include an A. When Contractor delivers the executed appropriate amount of overhead and profit applicable to counterparts of the Agreement to Owner,Contractor shall each item of Work. also deliver to Owner such bonds as Contractor may be I required to furnish. 2.06 Preconstruction Conference I B. Evidence of Insurance: Before any Work at A. Before any Work at the Site is started, a the Site is started, Contractor and Owner shall each conference attended by Owner, Contractor,Engineer, and deliver to the other, with copies to each additional insured others as appropriate will be held to establish a working identified in the Supplementary Conditions,certificates of understanding among the parties as to the Work and to insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other which Contractor and Owner respectively are required to submittals, processing Applications for Payment, and purchase and maintain in accordance with Article 5. maintaining required records. I2.02 Copies of Documents 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided I below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete I and resubmit the schedules.No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 responsibilities of Owner, Contractor,or Engineer, or any 1. The Progress Schedule will be acceptable to of their subcontractors, consultants, agents, or employees Engineer if it provides an orderly progression of the Work from those set forth in the Contract Documents. No such to completion within the Contract Times. Such acceptance provision or instruction shall be effective to assign to will not impose on Engineer responsibility for the Owner, or Engineer, or any of, their Related Entities, any Progress Schedule, for sequencing, scheduling, or duty or authority to supervise or direct the performance of progress of the Work nor interfere with or relieve the Work or any duty or authority to undertake respon- Contractor from Contractor's full responsibility therefor. sibility inconsistent with the provisions of the Contract Documents. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable 3.03 Reporting and Resolving Discrepancies i arrangement for reviewing and processing the required submittals. A.Reporting Discrepancies 3. Contractor's Schedule of Values will be 1. Contractor's Review of Contract Documents I acceptable to Engineer as to form and substance if it Before Starting Work: Before undertaking each part of the provides a reasonable allocation of the Contract Price to Work, Contractor shall carefully study and compare the component parts of the Work. Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, any conflict, error, ambiguity, or discrepancy which AMENDING,REUSE Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 3.01 Intent 2. Contractor's Review of Contract Documents A. The Contract Documents are complementary; During Performance of Work: If, during the performance what is required by one is as binding as if required by all. of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents B. It is the intent of the Contract Documents to or between the Contract Documents and any provision of describe a functionally complete Project (or part thereof) any Law or Regulation applicable to the performance of to be constructed in accordance with the Contract Docu- the Work or of any standard, specification, manual or II ments. Any labor, documentation, services, materials, or code, or of any instruction of any Supplier, Contractor equipment that may reasonably be inferred from the shall promptly report it to Engineer in writing. Contractor Contract Documents or from prevailing custom or trade shall not proceed with the Work affected thereby (except usage as being required to produce the intended result will in an emergency as required by Paragraph 6.16.A) until be provided whether or not specifically called for at no an amendment or supplement to the Contract Documents additional cost to Owner. has been issued by one of the methods indicated in Paragraph 3.04. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as 3.Contractor shall not be liable to Owner or provided in Article 9. Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless 3.02 Reference Standards Contractor knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and III Regulations B.Resolving Discrepancies 1. Reference to standards, specifications, 1. Except as may be otherwise specifically stated manuals, or codes of any technical society, organization, in the Contract Documents, the provisions of the Contract or association, or to Laws or Regulations, whether such Documents shall take precedence in resolving any reference be specific or by implication, shall mean the conflict, error, ambiguity, or discrepancy between the standard, specification, manual, code, or Laws or Regula- provisions of the Contract Documents and: tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), a. the provisions of any standard, specification, except as may be otherwise specifically stated in the manual, code, or instruction (whether or not Contract Documents. specifically incorporated by reference in the Contract Documents);or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions sole risk there is a discrepancy p y between the electronic of the Contract Documents would result in viola- files and the hard copies,the hard copies govern. I tion of such Law or Regulation). B. Because data stored in electronic media 3.04 Amending and Supplementing Contract format can deteriorate or be modified inadvertently or Documents otherwise without authorization of the data's creator, the I party receiving electronic files agrees that it will perform A. The Contract Documents may be amended to acceptance tests or procedures within 60 days, after which provide for additions,deletions,and revisions in the Work the receiving party shall be deemed to have accepted the I or to modify the terms and conditions thereof by either a data thus transferred. Any errors detected within the 60- Change Order or a Work Change Directive. day acceptance period will be corrected by the transferring party.. B. The requirements of the Contract Documents I may be supplemented, and minor variations and C. When transferring documents in electronic deviations in the Work may be authorized,by one or more media format, the transferring party makes no of the following ways: representations as to long term compatibility, usability,or I readability of documents resulting from the use of 1.A Field Order; software application packages, operating systems, or computer hardware differing from those used by the 2. Engineer's approval of a Shop Drawing or data's creator. 1 Sample; (Subject to the provisions of Paragraph 6.17.D.3);or ARTICLE 4 - AVAILABILITY OF LANDS; 3. Engineer's written interpretation or SUBSURFACE AND PHYSICAL CONDITIONS; I clarification. HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents IA. Contractor and any Subcontractor or Supplier 4.01 Availability of Lands or other individual or entity performing or furnishing all I of the Work under a direct or indirect contract with A. Owner shall furnish the Site. Owner shall notify Co Contractor,shall not: Contractor of any encumbrances or restrictions not of general application but specifically related to use of the 1. have or acquire any title to or ownership Site with which Contractor must comply in performing rights in any of the Drawings, Specifications, or the Work. Owner will obtain in a timely manner and pay other documents (or copies of any thereof)prepared by or for easements for permanent structures or permanent bearing the seal of Engineer or Engineer's consultants, changes in existing facilities. If Contractor and Owner are including electronic media editions;or unable to agree on entitlement to or on the amount or I extent, if any, of any adjustment in the Contract Price or 2. reuse any of such Drawings, Specifications, Contract Times, or both, as a result of any delay in other documents,or copies thereof on extensions Owner's furnishing the Site or a part thereof, Contractor I of the Project or any other project without written consent may make a Claim therefor as provided in Paragraph of Owner and Engineer and specific written verification 10.05. or adaption by Engineer. I B. The prohibition of this Paragraph 3.05 will B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal survive final payment, or termination of the Contract. title and legal description of the lands upon which the Nothing herein shall preclude Contractor from retaining Work is to be performed and Owner's interest therein as I copies of the Contract Documents for record purposes. necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with 3.06 Electronic Data applicable Laws and Regulations. I A. Copies of data furnished by Owner or C. Contractor shall provide for all additional Engineer to Contractor or Contractor to Owner or lands and access thereto that may be required for Engineer that may be relied upon are limited to the temporary construction facilities or storage of materials printed copies (also known as hard copies). Files in and equipment. electronic media format of text, data, graphics, or other types are furnished only for the convenience of the I receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially I from conditions ordinarily encountered and generally A. Reports and Drawings: The Supplementary recognized as inherent in work of the character provided Conditions identify: for in the Contract Documents; 1. those reports of explorations and tests of then Contractor shall, promptly after becoming aware subsurface conditions at or contiguous to the Site that thereof and before further disturbing the subsurface or Engineer has used in preparing the Contract Documents; physical conditions or performing any Work in connec- and tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing 2. those drawings of physical conditions in or about such condition. Contractor shall not further disturb relating to existing surface or subsurface structures at or such condition or perform any Work in connection contiguous to the Site (except Underground Facilities) therewith (except as aforesaid) until receipt of written that Engineer has used in preparing the Contract order to do so. Documents. B. Engineer's Review: After receipt of written B. Limited Reliance by Contractor on Technical notice as required by Paragraph 4.03.A, Engineer will Data Authorized: Contractor may rely upon the general promptly review the pertinent condition, determine the accuracy of the "technical data"contained in such reports necessity of Owner's obtaining additional exploration or and drawings, but such reports and drawings are not tests with respect thereto, and advise Owner in writing Contract Documents. Such "technical data" is identified (with a copy to Contractor) of Engineer's findings and in the Supplementary Conditions.Except for such reliance conclusions. on such"technical data,"Contractor may not rely upon or make any claim against Owner or Engineer, or any of C.Possible Price and Times Adjustments their Related Entities with respect to: 1. The Contract Price or the Contract Times, or 1. the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited to, existence of such differing subsurface or physical any aspects of the means, methods, techniques, condition causes an increase or decrease in Contractor's sequences, and procedures of construction to be employed cost of, or time required for, performance of the Work; by Contractor, and safety precautions and programs subject,however,to the following: incident thereto;or a. such condition must meet any one or more of 2. other data, interpretations, opinions, and the categories described in Paragraph 4.03.A; information contained in such reports or shown or and indicated in such drawings;or b. with respect to Work that is paid for on a Unit 3. any Contractor interpretation of or conclusion Price Basis, any adjustment in Contract Price drawn from any "technical data" or any such other data, will be subject to the provisions of Paragraphs interpretations,opinions,or information. 9.07 and 11.03. 4.03 Differing Subsurface or Physical Conditions 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: A.Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that a. Contractor knew of the existence of such is uncovered or revealed either: conditions at the time Contractor made a final commitment to Owner with respect to Contract 1. is of such a nature as to establish that any Price and Contract Times by the submission of a "technical data" on which Contractor is entitled to rely as Bid or becoming bound under a negotiated provided in Paragraph 4.02 is materially inaccurate;or contract;or 2. is of such a nature as to require a change in the b. the existence of such condition could Contract Documents;or reasonably have been discovered or revealed as a result of any examination, investigation, explo- 3. differs materially from that shown or indicated ration, test, or study of the Site and contiguous in the Contract Documents;or areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment;or I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 Ic. Contractor failed to give the written notice as promptly review the Underground Facility and determine I required by Paragraph 4.03.A. the extent, if any, to which a change is required in the Contract Documents to reflect and document the 3. If Owner and Contractor are unable to agree consequences of the existence or location of the Under- on entitlement to or on the amount or extent, if any, of ground Facility. During such time, Contractor shall be I any adjustment in the Contract Price or Contract Times, responsible for the safety and protection of such y or both, a Claim may be made therefor as provided in Underground Facility. Paragraph 10.05. However, Owner and Engineer, and any r of their Related Entities shall not be liable to Contractor 2. If Engineer concludes that a change in the I for any claims, costs, losses, or damages (including but Contract Documents is required, a Work Change not limited to all fees and charges of engineers, architects, Directive or a Change Order will be issued to reflect and attorneys, and other professionals and all court or document such consequences. An equitable adjustment I arbitration or other dispute resolution costs) sustained by shall be made in the Contract Price or Contract Times, or Contractor on or in connection with any other project or both, to the extent that they are attributable to the anticipated project. existence or location of any Underground Facility that I was not shown or indicated or not shown or indicated 4.04 Underground Facilities with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably A. Shown or Indicated:The information and data have been expected to be aware of or to have anticipated. shown or indicated in the Contract Documents with If Owner and Contractor are unable to agree on I respect to existing Underground Facilities at or entitlement to or on the amount or extent, if any, of any contiguous to the Site is based on information and data such adjustment in Contract Price or Contract Times, furnished to Owner or Engineer by the owners of such Owner or Contractor may make a Claim therefor as I Underground Facilities, including Owner, or by others. provided in Paragraph 10.05. Unless it is otherwise expressly provided in the Sup plementary Conditions: 4.05 Reference Points 1 1. Owner and Engineer shall not be responsible A. Owner shall provide engineering surveys to for the accuracy or completeness of any such information establish reference points for construction which in or data;and Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible 2. the cost of all of the following will be for laying out the Work, shall protect and preserve the included in the Contract Price, and Contractor shall have established reference points and property monuments,and full responsibility for: shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to a. reviewing and checking all such information Engineer whenever any reference point or property and data, monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and b. locating all Underground Facilities shown or shall be responsible for the accurate replacement or indicated in the Contract Documents, relocation of such reference points or property I monuments by professionally qualified personnel. c. coordination of the Work with the owners of such Underground Facilities, including Owner, 4.06 Hazardous Environmental Condition at Site during construction,and A. Reports and Drawings: Reference is made to d. the safety and protection of all such Under the Supplementary Conditions for the identification of ground Facilities and repairing any damage those reports and drawings relating to a Hazardous I thereto resulting from the Work. Environmental Condition identified at the Site,if any,that have been utilized by the Engineer in the preparation of B.Not Shown or Indicated the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the "technical data"contained in such reports I accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions.Except for such reliance Work in connection therewith (except in an emergency as on such"technical data," Contractor may not rely upon or I required by Paragraph 6.16.A),identify the owner of such make any claim against Owner or Engineer, or any of Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1.the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, but not limited to, adjustment in Contract Price or Contract Times as a result any aspects of the means, methods, techniques, sequences of deleting such portion of the Work, then either party and procedures of construction to be employed by may make a Claim therefor as provided in Paragraph Contractor and safety precautions and programs incident 10.05. Owner may have such deleted portion of the Work thereto;or performed by Owner's own forces or others in accordance with Article 7. ill 2. other data, interpretations, opinions and information contained in such reports or shown or G. To the fullest extent permitted by Laws and indicated in such drawings;or Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the 3. any Contractor interpretation of or conclusion officers, directors, partners, employees, agents, drawn from any "technical data" or any such other data, consultants, and subcontractors of each and any of them interpretations,opinions or information. from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of C. Contractor shall not be responsible for any engineers, architects, attorneys, and other professionals Hazardous Environmental Condition uncovered or re- and all court or arbitration or other dispute resolution vealed at the Site which was not shown or indicated in costs) arising out of or relating to a Hazardous Drawings or Specifications or identified in the Contract Environmental Condition, provided that such Hazardous Documents to be within the scope of the Work. Environmental Condition: (i) was not shown or indicated Contractor shall be responsible for a Hazardous in the Drawings or Specifications or identified in the Environmental Condition created with any materials Contract Documents to be included within the scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for whom Contractor is anyone for whom Contractor is responsible. Nothing in responsible. this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- D. If Contractor encounters a Hazardous quences of that individual's or entity's own negligence. Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous H. To the fullest extent permitted by Laws and Environmental Condition, Contractor shall immediately: Regulations, Contractor shall indemnify and hold (i) secure or otherwise isolate such condition; (ii) stop all harmless Owner and Engineer, and the officers,directors, Work in connection with such condition and in any area partners, employees, agents, consultants, and affected thereby (except in an emergency as required by subcontractors of each and any of them from and against Paragraph 6.16.A); and (iii) notify Owner and Engineer all claims, costs, losses, and damages (including but not (and promptly thereafter confirm such notice in writing). limited to all fees and charges of engineers, architects, Owner shall promptly consult with Engineer concerning attorneys, and other professionals and all court or the necessity for Owner to retain a qualified expert to arbitration or other dispute resolution costs) arising out of evaluate such condition or take corrective action,if any. or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor E. Contractor shall not be required to resume is responsible. Nothing in this Paragraph 4.06.H shall Work in connection with such condition or in any affected obligate Contractor to indemnify any individual or entity area until after Owner has obtained any required permits from and against the consequences of that individual's or related thereto and delivered to Contractor written notice: entity's own negligence. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or I. The provisions of Paragraphs 4.02, 4.03, and (ii) specifying any special conditions under which such 4.04 do not apply to a Hazardous Environmental Work may be resumed safely. If Owner and Contractor Condition uncovered or revealed at the Site. cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- ARTICLE 5-BONDS AND INSURANCE page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. 5.01 Performance, Payment, and Other Bonds I F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 ■ Iin Paragraph 13.07, whichever is later,except as provided from claims set forth below which may arise out of or otherwise by Laws or Regulations or by the Contract result from Contractor's performance of the Work and Documents. Contractor shall also furnish such other Contractor's other obligations under the Contract bonds as are required by the Contract Documents. Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or B. All bonds shall be in the form prescribed by indirectly employed by any of them to perform any of the 1 the Contract Documents except as provided otherwise by Work, or by anyone for whose acts any of them may be Laws or Regulations, and shall be executed by such liable: sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties 1. claims under workers' compensation, on Federal Bonds and as Acceptable Reinsuring Compa- disability benefits, and other similar employee benefit nies" as published in Circular 570 (amended) by the acts; Financial Management Service,Surety Bond Branch,U.S. I Department of the Treasury. All bonds signed by an agent 2. claims for damages because of bodily injury, must be accompanied by a certified copy of the agent's occupational sickness or disease, or death of Contractor's authority to act. employees; I C. If the surety on any bond furnished by 3. claims for damages because of bodily injury, Contractor is declared bankrupt or becomes insolvent or sickness or disease, or death of any person other than its right to do business is terminated in any state where Contractor's employees; I any part of the Project is located or it ceases to meet the g 4. claims for damages insured by reasonably requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 available personal injury liability coverage which are sus- Idays after the event giving rise to such notification, tained: provide another bond and surety, both of which shall a.by any person as a result of an offense directly comply with the requirements of Paragraphs 5.01.B and or indirectly related to the employment of such 5.02. I person by Contractor,or 5.02 Licensed Sureties and Insurers b.by any other person for any other reason; A. All bonds and insurance required by the Contract Documents to be purchased and maintained by 5. claims for damages, other than to the Work Owner or Contractor shall be obtained from surety or itself, because of injury to or destruction of tangible insurance companies that are duly licensed or authorized property wherever located,including loss of use resulting in the jurisdiction in which the Project is located to issue therefrom;and bonds or insurance policies for the limits and coverages 6.claims for damages because of bodily injury or so required. Such surety and insurance companies shall g also meet such additional requirements and qualifications death of any person or property damage arising out of the Ias may be provided in the Supplementary Conditions. ownership,maintenance or use of any motor vehicle. 5.03 Certificates of Insurance B. The policies of insurance required by this I Paragraph 5.04 shall: A.Contractor shall deliver to Owner,with copies to each additional insured identified in the Supplementary 1. with respect to insurance required by I Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion insured) which Contractor is required to purchase and regarding professional liability) Owner and Engineer, and maintain. any other individuals or entities identified in the Supple- i B. Owner shall deliver to Contractor,with copies mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective to each additional insured identified in the Supplementary officers, directors, partners, employees, agents, I Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insured) which Owner is required to purchase additional insureds shall provide primary coverage for all and maintain. claims covered thereby; I 5.04 Contractor's Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or liability and other insurance as is appropriate for the Regulations,whichever is greater; Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall 4. include contractual liability insurance at least include insurance for physical loss or damage to covering Contractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs 6.11 and 6.20; and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, 5. contain a provision or endorsement that the extended coverage, theft, vandalism and malicious coverage afforded will not be canceled, materially mischief, earthquake, collapse, debris removal, changed or renewal refused until at least 30 days prior demolition occasioned by enforcement of Laws and written notice has been given to Owner and Contractor Regulations, water damage, (other than caused by flood) and to each other additional insured identified in the and such other perils or causes of loss as may be specifi- Supplementary Conditions to whom a certificate of cally required by the Supplementary Conditions; insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 3. include expenses incurred in the repair or Paragraph 5.03 will so provide); replacement of any insured property (including but not limited to fees and charges of engineers and architects); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 4. cover materials and equipment stored at the correcting, removing, or replacing defective Work in Site or at another location that was agreed to in writing by accordance with Paragraph 13.07;and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7. with respect to completed operations insur- an Application for Payment recommended by Engineer; ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after 5. allow for partial utilization of the Work by final payment. Owner; I a. Contractor shall furnish Owner and each other 6. include testing and startup;and additional insured identified in the Supple- mentary Conditions, to whom a certificate of 7. be maintained in effect until final payment is insurance has been issued, evidence satisfactory made unless otherwise agreed to in writing by Owner, to Owner and any such additional insured of Contractor, and Engineer with 30 days written notice to continuation of such insurance at final payment each other additional insured to whom a certificate of and one year thereafter. insurance has been issued. 5.05 Owner's Liability Insurance B. Owner shall purchase and maintain such boiler and machinery insurance or additional property . A. In addition to the insurance required to be insurance as may be required by the Supplementary provided by Contractor under Paragraph 5.04, Owner, at Conditions or Laws and Regulations which will include Owner's option, may purchase and maintain at Owner's the interests of Owner, Contractor, Subcontractors, and expense Owner's own liability insurance as will protect Engineer, and any other individuals or entities identified Owner against claims which may arise from operations in the Supplementary Conditions, and the officers, under the Contract Documents. directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is 5.06 Property Insurance deemed to have an insurable interest and shall be listed as an insured or additional insured. A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain C. All the policies of insurance (and the certifi- property insurance upon the Work at the Site in the cates or other evidence thereof) required to be purchased amount of the full replacement cost thereof (subject to and maintained in accordance with Paragraph 5.06 will such deductible amounts as may be provided in the contain a provision or endorsement that the coverage Supplementary Conditions or required by Laws and afforded will not be canceled or materially changed or Regulations).This insurance shall: renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other 1. include the interests of Owner, Contractor, additional insured to whom a certificate of insurance has Subcontractors, and Engineer, and any other individuals been issued and will contain waiver provisions in accor- or entities identified in the Supplementary Conditions, dance with Paragraph 5.07. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, D. Owner shall not be responsible for purchasing each of whom is deemed to have an insurable interest and and maintaining any property insurance specified in this shall be listed as an insured or additional insured; Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 I Ideductible amounts that are identified in the Supple- 1. loss due to business interruption, loss of use, mentary Conditions. The risk of loss within such or other consequential loss extending beyond direct I identified deductible amount will be borne by Contractor, physical loss or damage to Owner's property or the Work Subcontractors, or others suffering any such loss, and if caused by, arising out of, or resulting from fire or other any of them wishes property insurance coverage within perils whether or not insured by Owner;and the limits of such amounts, each may purchase and I maintain it at the purchaser's own expense. 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from E. If Contractor requests in writing that other fire or other insured peril or cause of loss covered by any I special insurance be included in the property insurance property insurance maintained on the completed Project policies provided under Paragraph 5.06, Owner shall, if or part thereof by Owner during partial utilization possible, include such insurance, and the cost thereof will pursuant to Paragraph 14.05,after Substantial Completion be charged to Contractor by appropriate Change Order. pursuant to Paragraph 14.04, or after final payment 1 Prior to commencement of the Work at the Site, Owner pursuant to Paragraph 14.07. shall in writing advise Contractor whether or not such other insurance has been procured by Owner. C. Any insurance policy maintained by Owner I covering any loss, damage or consequential loss referred 5.07 Waiver of Rights to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, A. Owner and Contractor intend that all policies damage, or consequential loss, the insurers will have no I purchased in accordance with Paragraph 5.06 will protect rights of recovery against Contractor, Subcontractors, or Owner, Contractor, Subcontractors, and Engineer, and all Engineer, and the officers, directors,partners,employees, other individuals or entities identified in the Supple- agents, consultants and subcontractors of each and any of I mentary Conditions to be listed as insureds or additional them. insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of 5.08 Receipt and Application of Insurance Proceeds them) in such policies and will provide primary coverage I for all losses and damages caused by the perils or causes A. Any insured loss under the policies of of loss covered thereby. All such policies shall contain insurance required by Paragraph 5.06 will be adjusted provisions to the effect that in the event of payment of with Owner and made payable to Owner as fiduciary for I any loss or damage the insurers will have no rights of the insureds, as their interests may appear, subject to the recovery against any of the insureds or additional insureds requirements of any applicable mortgage clause and of thereunder. Owner and Contractor waive all rights against Paragraph 5.08.B. Owner shall deposit in a separate each other and their respective officers, directors, account any money so received and shall distribute it in partners, employees, agents, consultants and accordance with such agreement as the parties in interest subcontractors of each and any of them for all losses and may reach. If no other special agreement is reached, the damages caused by,arising out of or resulting from any of damaged Work shall be repaired or replaced, the moneys I the perils or causes of loss covered by such policies and so received applied on account thereof, and the Work and any other property insurance applicable to the Work; and, the cost thereof covered by an appropriate Change Order. in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities B. Owner as fiduciary shall have power to adjust I identified in the Supplementary Conditions to be listed as and settle any loss with the insurers unless one of the insured or additional insured (and the officers, directors, parties in interest shall object in writing within 15 days partners, employees, agents, consultants and after the occurrence of loss to Owner's exercise of this I subcontractors of each and any of them) under such power. If such objection be made, Owner as fiduciary policies for losses and damages so caused. None of the shall make settlement with the insurers in accordance with above waivers shall extend to the rights that any party such agreement as the parties in interest may reach. If no making such waiver may have to the proceeds of such agreement among the parties in interest is reached, I insurance held by Owner as trustee or otherwise payable Owner as fiduciary shall adjust and settle the loss with the under any policy so issued. insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper I B. Owner waives all rights against Contractor, performance of such duties. Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and 5.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace IA. If either Owner or Contractor has any objection to the coverage afforded by or other provisions I of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other received from the superintendent shall be binding on party in writing within 10 days after receipt of the Contractor. certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each 6.02 Labor; Working Hours provide to the other such additional information in respect of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably request. If either party does not purchase or maintain all qualified personnel to survey and lay out the Work and of the bonds and insurance required of such party by the perform construction as required by the Contract Docu- Contract Documents, such party shall notify the other ments. Contractor shall at all times maintain good disci- party in writing of such failure to purchase prior to the pline and order at the Site. start of the Work, or of such failure to maintain prior to any change in the required coverage.Without prejudice to B. Except as otherwise required for the safety or any other right or remedy, the other party may elect to protection of persons or the Work or property at the Site obtain equivalent bonds or insurance to protect such other or adjacent thereto, and except as otherwise stated in the party's interests at the expense of the party who was Contract Documents, all Work at the Site shall be required to provide such coverage, and a Change Order performed during regular working hours. Contractor will shall be issued to adjust the Contract Price accordingly. not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written 5.10 Partial Utilization, Acknowledgment of Property consent (which will not be unreasonably withheld) given Insurer after prior written notice to Engineer. A. If Owner finds it necessary to occupy or use a 6.03 Services, Materials, and Equipment I portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph A. Unless otherwise specified in the Contract 14.05, no such use or occupancy shall commence before Documents, Contractor shall provide and assume full the insurers providing the property insurance pursuant to responsibility for all services, materials,equipment, labor, Paragraph 5.06 have acknowledged notice thereof and in transportation, construction equipment and machinery, writing effected any changes in coverage necessitated tools, appliances, fuel, power, light, heat, telephone, thereby. The insurers providing the property insurance water,sanitary facilities,temporary facilities,and all other shall consent by endorsement on the policy or policies, facilities and incidentals necessary for the performance, but the property insurance shall not be canceled or testing,start-up,and completion of the Work. permitted to lapse on account of any such partial use or I occupancy. B. All materials and equipment incorporated into the Work shall be as specified or,if not specified,shall be of good quality and new, except as otherwise provided in ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and A. Contractor shall supervise, inspect, and direct quality of materials and equipment. the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as C. All materials and equipment shall be stored, may be necessary to perform the Work in accordance with applied, installed, connected, erected, protected, used, the Contract Documents. Contractor shall be solely cleaned, and conditioned in accordance with instructions responsible for the means, methods, techniques, of the applicable Supplier, except as otherwise may be I sequences, and procedures of construction. Contractor provided in the Contract Documents. shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific 6.04 Progress Schedule means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly A. Contractor shall adhere to the Progress required by the Contract Documents. Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided B. At all times during the progress of the Work, below. Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 I1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 2) it will conform substantially to the I proposed adjustments in the Progress Schedule that will detailed requirements of the item named in the not result in changing the Contract Times. Such adjust- Contract Documents. ments will comply with any provisions of the General Re- quirements applicable thereto. 2.Substitute Items I/ 2. Proposed adjustments in the Progress a. If in Engineer's sole discretion an item of Schedule that will change the Contract Times shall be material or equipment proposed by Contractor I submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by does not qualify as an "or equal" item under Paragraph 6.05.A.1, it will be considered a a Change Order. proposed substitute item. I 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to A.Whenever an item of material or equipment is determine that the item of material or equipment specified or described in the Contract Documents by proposed is essentially equivalent to that named using the name of a proprietary item or the name of a and an acceptable substitute therefor. Requests particular Supplier, the specification or description is for review of proposed substitute items of intended to establish the type, function, appearance, and material or equipment will not be accepted by I quality required. Unless the specification or description Engineer from anyone other than Contractor. contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is c. The requirements for review by Engineer will I permitted, other items of material or equipment or material or equipment of other Suppliers may be be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and submitted to Engineer for review under the circumstances as Engineer may decide is appropriate under the described below. circumstances. I1. "Or-Equal" Items: If in Engineer's sole d. Contractor shall make written application to discretion an item of material or equipment proposed by Engineer for review of a proposed substitute item I Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will of material or equipment that Contractor seeks to furnish or use.The application: be required, it may be considered by Engineer as an "or-equal"item,in which case review and approval of the 1) shall certify that the proposed substi- proposed item may, in Engineer's sole discretion, be tute item will: accomplished without compliance with some or all of the requirements for approval of proposed substitute items. a) perform adequately the functions and I For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered achieve the results called for by the general design, functionally equal to an item so named if: b) be similar in substance to that I a. in the exercise of reasonable judgment specified,and Engineer determines that: c) be suited to the same use as that it is at least equal in materials of specified; Ii) construction, quality, durability, appearance, strength,and design characteristics; 2)will state: I 2) it will reliably perform at least a) the extent, if any, to which the use of equally well the function and achieve the results the proposed substitute item will preju- imposed by the design concept of the completed dice Contractor's achievement of I Project as a functioning whole, Substantial Completion on time; 3) it has a proven record of performance b) whether or not use of the proposed and availability of responsive service;and substitute item in the Work will require I a change in any of the Contract Docu- ments Contractor certifies that, if approved and ments (or in the provisions of any other incorporated into the Work: direct contract with Owner for other work on the Project) to adapt the design I 1) there will be no increase in cost to to the proposed substitute item;and the Owner or increase in Contract Times,and EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00'700-19 c) whether or not incorporation or use Documents (or in the provisions of any other direct f of the proposed substitute item in con- contract with Owner) resulting from the acceptance of nection with the Work is subject to each proposed substitute. payment of any license fee or royalty; F. Contractor's Expense: Contractor shall 3)will identify: provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. a) all variations of the proposed substitute item from that specified,and 6.06 Concerning Subcontractors, Suppliers, and Others b) available engineering, sales, maintenance, repair, and replacement A. Contractor shall not employ any Subcon- services; tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 4) and shall contain an itemized esti- 6.06.B), whether initially or as a replacement, against II mate of all costs or credits that will result whom Owner may have reasonable objection. Contractor directly or indirectly from use of such substitute shall not be required to employ any Subcontractor, item, including costs of redesign and claims of Supplier, or other individual or entity to furnish or other contractors affected by any resulting perform any of the Work against whom Contractor has change, reasonable objection. B. Substitute Construction Methods or Proce- B. If the Supplementary Conditions require the I dures: If a specific means, method, technique, sequence, identity of certain Subcontractors, Suppliers, or other or procedure of construction is expressly required by the individuals or entities to be submitted to Owner in Contract Documents, Contractor may furnish or utilize a advance for acceptance by Owner by a specified date substitute means, method, technique, sequence, or prior to the Effective Date of the Agreement, and if procedure of construction approved by Engineer. Contractor has submitted a list thereof in accordance with Contractor shall submit sufficient information to allow the Supplementary Conditions, Owner's acceptance Engineer, in Engineer's sole discretion, to determine that (either in writing or by failing to make written objection the substitute proposed is equivalent to that expressly thereto by the date indicated for acceptance or objection called for by the Contract Documents. The requirements in the Bidding Documents or the Contract Documents) of for review by Engineer will be similar to those provided any such Subcontractor, Supplier, or other individual or I in Paragraph 6.05.A.2. entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall C. Engineer's Evaluation: Engineer will be submit an acceptable replacement for the rejected allowed a reasonable time within which to evaluate each Subcontractor, Supplier, or other individual or entity, and I proposal or submittal made pursuant to Paragraphs 6.05.A the Contract Price will be adjusted by the difference in the and 6.05.B. Engineer may require Contractor to furnish cost occasioned by such replacement, and an appropriate additional data about the proposed substitute item. Change Order will be issued.No acceptance by Owner of Engineer will be the sole judge of acceptability. No "or any such Subcontractor, Supplier, or other individual or equal" or substitute will be ordered, installed or utilized entity, whether initially or as a replacement, shall consti- until Engineer's review is complete, which will be tute a waiver of any right of Owner or Engineer to reject evidenced by either a Change Order for a substitute or an defective Work. I approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative C.Contractor shall be fully responsible to Owner determination. and Engineer for all acts and omissions of the I Subcontractors, Suppliers, and other individuals or D. Special Guarantee: Owner may require entities performing or furnishing any of the Work just as Contractor to furnish at Contractor's expense a special Contractor is responsible for Contractor's own acts and performance guarantee or other surety with respect to any omissions.Nothing in the Contract Documents: substitute. 1. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer entity,nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 I Ior entity except as may otherwise be required by Laws B. To the fullest extent permitted by Laws and and Regulations. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, D. Contractor shall be solely responsible for partners, employees, agents, consultants and scheduling and coordinating the Work of Subcontractors, subcontractors of each and any of them from and against Suppliers, and other individuals or entities performing or all claims, costs, losses, and damages (including but not I furnishing any of the Work under a direct or indirect limited to all fees and charges of engineers, architects, contract with Contractor. attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of I E. Contractor shall require all Subcontractors, or relating to any infringement of patent rights or Suppliers, and such other individuals or entities per- copyrights incident to the use in the performance of the forming or furnishing any of the Work to communicate Work or resulting from the incorporation in the Work of with Engineer through Contractor. any invention, design, process, product, or device not specified in the Contract Documents. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not 6.08 Permits I control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be A. Unless otherwise provided in the Supple- performed by any specific trade. mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist I G. All Work performed for Contractor by a Contractor, when necessary, in obtaining such permits Subcontractor or Supplier will be pursuant to an appro- and licenses. Contractor shall pay all governmental priate agreement between Contractor and the charges and inspection fees necessary for the prosecution I Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of conditions of the Contract Documents for the benefit of the Agreement. Owner shall pay all charges of utility Owner and Engineer. Whenever any such agreement is owners for connections for providing permanent service I with a Subcontractor or Supplier who is listed as an to the Work. additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor 6.09 Laws and Regulations I and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights A. Contractor shall give all notices required by against Owner, Contractor, and Engineer„ and all other and shall comply with all Laws and Regulations applica- individuals or entities identified in the Supplementary ble to the performance of the Work. Except where Conditions to be listed as insureds or additional insureds otherwise expressly required by applicable Laws and (and the officers, directors, partners, employees, agents, Regulations, neither Owner nor Engineer shall be consultants and subcontractors of each and any of them) responsible for monitoring Contractor's compliance with 1 for all losses and damages caused by, arising out of, any Laws or Regulations. relating to,or resulting from any of the perils or causes of loss covered by such policies and any other property B. If Contractor performs any Work knowing or insurance applicable to the Work. If the insurers on any having reason to know that it is contrary to Laws or I such policies require separate waiver forms to be signed Regulations, Contractor shall bear all claims, costs, by any Subcontractor or Supplier, Contractor will obtain losses, and damages (including but not limited to all fees the same. and charges of engineers, architects, attorneys, and other I professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and I royalties and assume all costs incident to the use in the Drawings are in accordance with Laws and Regulations, performance of the Work or the incorporation in the Work but this shall not relieve Contractor of Contractor's of any invention, design, process, product, or device obligations under Paragraph 3.03. I which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, C. Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on I knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on 1 rights shall be disclosed by Owner in the Contract Documents. entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 D. Loading Structures: Contractor shall not load 6.10 Taxes nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall A. Contractor shall pay all sales, consumer, use, Contractor subject any part of the Work or adjacent and other similar taxes required to be paid by Contractor property to stresses or pressures that will endanger it. in accordance with the Laws and Regulations of the place of the Project which are applicable during the 6.12 Record Documents performance of the Work. A.Contractor shall maintain in a safe place at the 6.11 Use of Site and Other Areas Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives,Field A. Limitation on Use of Site and Other Areas Orders, and written interpretations and clarifications in good order and annotated to show changes made during 1. Contractor shall confine construction equip- construction. These record documents together with all ment, the storage of materials and equipment, and the approved Samples and a counterpart of all approved Shop III operations of workers to the Site and other areas Drawings will be available to Engineer for reference. permitted by Laws and Regulations, and shall not Upon completion of the Work, these record documents, unreasonably encumber the Site and other areas with Samples, and Shop Drawings will be delivered to Engi- construction equipment or other materials or equipment. neer for Owner. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or 6.13 Safety and Protection occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- 2. Should any claim be made by any such owner tions and programs in connection with the Work. or occupant because of the performance of the Work, Contractor shall take all necessary precautions for the Contractor shall promptly settle with such other party by safety of, and shall provide the necessary protection to negotiation or otherwise resolve the claim by arbitration prevent damage,injury or loss to: I or other dispute resolution proceeding or at law. 1. all persons on the Site or who may be affected 3. To the fullest extent permitted by Laws and by the Work; Regulations, Contractor shall indemnify and hold , harmless Owner and Engineer, and the officers,directors, 2. all the Work and materials and equipment to partners, employees, agents, consultants and be incorporated therein, whether in storage on or off the subcontractors of each and any of them from and against Site;and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 3. other property at the Site or adjacent thereto, attorneys, and other professionals and all court or including trees, shrubs, lawns, walks, pavements, arbitration or other dispute resolution costs) arising out of roadways, structures, utilities, and Underground Facilities or relating to any claim or action, legal or equitable, not designated for removal, relocation, or replacement in brought by any such owner or occupant against Owner, the course of construction. Engineer,or any other party indemnified hereunder to the I extent caused by or based upon Contractor's performance B. Contractor shall comply with all applicable of the Work. Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from B.Removal of Debris During Performance of the damage, injury, or loss; and shall erect and maintain all I Work: During the progress of the Work Contractor shall necessary safeguards for such safety and protection. keep the Site and other areas free from accumulations of Contractor shall notify owners of adjacent property and of waste materials, rubbish, and other debris. Removal and Underground Facilities and other utility owners when disposal of such waste materials,rubbish,and other debris prosecution of the Work may affect them, and shall shall conform to applicable Laws and Regulations. cooperate with them in the protection, removal, relocation,and replacement of their property. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work C. All damage, injury, or loss to any property and make it ready for utilization by Owner. At the com- referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or in part, by Contractor, all tools, appliances, construction equipment and any Subcontractor, Supplier, or any other individual or machinery, and surplus materials and shall restore to entity directly or indirectly employed by any of them to original condition all property not designated for perform any of the Work,or anyone for whose acts any of alteration by the Contract Documents. them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 Iings or Specifications or to the acts or omissions of b. Data shown on the Shop Drawings s will be Owner or Engineer or , or anyone employed by any of complete with respect to quantities, dimensions, I them, or anyone for whose acts any of them may be specified performance and design criteria, liable, and not attributable,directly or indirectly,in whole materials, and similar data to show Engineer the or in part, to the fault or negligence of Contractor or any services, materials, and equipment Contractor I Subcontractor, Supplier, or other individual or entity proposes to provide and to enable Engineer to directly or indirectly employed by any of them). review the information for the limited purposes required by Paragraph 6.17.D. D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until 2. Samples: Contractor shall also submit such time as all the Work is completed and Engineer has Samples to Engineer for review and approval in accor- issued a notice to Owner and Contractor in accordance dance with the acceptable schedule of Shop Drawings and with Paragraph 14.07.B that the Work is acceptable Sample submittals. I (except as otherwise expressly provided in connection with Substantial Completion). a. Submit number of Samples specified in the Specifications. I 6.14 Safety Representative b. Clearly identify each Sample as to material, A. Contractor shall designate a qualified and Supplier,pertinent data such as catalog numbers, I experienced safety representative at the Site whose duties the use for which intended and other data as and responsibilities shall be the prevention of accidents Engineer may require to enable Engineer to and the maintaining and supervising of safety precautions review the submittal for the limited purposes and programs. required by Paragraph 6.17.D. 1 6.15 Hazard Communication Programs B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals A. Contractor shall be responsible for coordi- , any related Work performed prior to Engineer's review I nating any exchange of material safety data sheets or and approval of the pertinent submittal will be at the sole other hazard communication information required to be expense and responsibility of Contractor. made available to or exchanged between or among I employers at the Site in accordance with Laws or C.Submittal Procedures Regulations. 1. Before submitting each Shop Drawing or 6.16 Emergencies Sample,Contractor shall have determined and verified: A. In emergencies affecting the safety or protec- a. all field measurements,quantities,dimensions, tion of persons or the Work or property at the Site or specified performance and design criteria, I adjacent thereto, Contractor is obligated to act to prevent installation requirements, materials, catalog threatened damage, injury, or loss. Contractor shall give numbers, and similar information with respect Engineer prompt written notice if Contractor believes that thereto; any significant changes in the Work or variations from the I Contract Documents have been caused thereby or are b. the suitability of all materials with respect to required as a result thereof. If Engineer determines that a intended use, fabrication, shipping, handling, change in the Contract Documents is required because of storage, assembly, and installation pertaining to I the action taken by Contractor in response to such an the performance of the Work; emergency, a Work Change Directive or Change Order will be issued. c. all information relative to Contractor's I responsibilities for means, methods, techniques, 6.17 Shop Drawings and Samples sequences, and procedures of construction, and safety precautions and programs incident thereto; A. Contractor shall submit Shop Drawings and and 1 Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as d. shall also have reviewed and coordinated each required by Paragraph 2.07). Each submittal will be Shop Drawing or Sample with other Shop identified as Engineer may require. Drawings and Samples and with the I requirements of the Work and the Contract Documents. I a. Submit number of copies specified in the 2. Each submittal shall bear a stamp or specific General Requirements. written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that disagreements with Owner. No Work shall be delayed or submittal. postponed pending resolution of any disputes or disagreements,except as permitted by Paragraph 15.04 or 3. With each submittal, Contractor shall give as Owner and Contractor may otherwise agree in writing. Engineer specific written notice of any variations,that the Shop Drawing or Sample may have from the requirements 6.19 Contractor's General Warranty and Guarantee of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's A. Contractor warrants and guarantees to Owner or Sample Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract notation made on each Shop Drawing or Sample submit- Documents and will not be defective. Engineer and its ted to Engineer for review and approval of each such Related Entities shall be entitled to rely on representation variation. of Contractor's warranty and guarantee. D.Engineer's Review B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule 1. abuse, modification, or improper maintenance of Submittals acceptable to Engineer. Engineer's review or operation by persons other than Contractor, Sub- and approval will be only to determine if the items contractors,Suppliers,or any other individual or entity for covered by the submittals will, after installation or whom Contractor is responsible;or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with 2.normal wear and tear under normal usage. the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- C. Contractor's obligation to perform and ments. complete the Work in accordance with the Contract Documents shall be absolute. None of the following will 2. Engineer's review and approval will not constitute an acceptance of Work that is not in accordance extend to means, methods, techniques, sequences, or with the Contract Documents or a release of Contractor's procedures of construction (except where a particular obligation to perform the Work in accordance with the means,method,technique,sequence,or procedure of con- Contract Documents: struction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs 1.observations by Engineer; incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in 2. recommendation by Engineer or payment by which the item functions. Owner of any progress or final payment; 3. Engineer's review and approval shall not 3. the issuance of a certificate of Substantial relieve Contractor from responsibility for any variation Completion by Engineer or any payment related thereto from the requirements of the Contract Documents unless by Owner; III Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written 4. use or occupancy of the Work or any part approval of each such variation by specific written thereof by Owner; I notation thereof incorporated in or accompanying the Shop Drawing or Sample.Engineer's review and approval 5. any review and approval of a Shop Drawing or shall not relieve Contractor from responsibility for Sample submittal or the issuance of a notice of acceptabil- complying with the requirements of Paragraph 6.17.C.1. ity by Engineer; I E.Resubmittal Procedures 6. any inspection,test,or approval by others;or 1. Contractor shall make corrections required by 7.any correction of defective Work by Owner. Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, 6.20 Indemnification new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than A. To the fullest extent permitted by Laws and the corrections called for by Engineer on previous Regulations, Contractor shall indemnify and hold submittals. harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A.Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright m 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-24 1 arbitration or other dispute resolution costs) arising out of shall appear on all drawings, calculations, specifications, or relating to the performance of the Work, provided that certifications, Shop Drawings and other submittals 1 any such claim, cost, loss, or damage is attributable to prepared by such professional. Shop Drawings and other bodily injury, sickness,disease,or death,or to injury to or submittals related to the Work designed or certified by destruction of tangible property (other than the Work such professional, if prepared by others, shall bear such itself), including the loss of use resulting therefrom but professional's written approval when submitted to I only to the extent caused by any negligent act or omission Engineer. of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any C. Owner and Engineer shall be entitled to rely I of them to perform any of the Work or anyone for whose upon the adequacy, accuracy and completeness of the acts any of them may be liable. services, certifications or approvals performed by such design professionals, provided Owner and Engineer have B. In any and all claims against Owner or specified to Contractor all performance and design criteria I Engineer or any of their respective consultants, agents, that such services must satisfy. officers,directors,partners, or employees by any employ ee (or the survivor or personal representative of such D. Pursuant to this Paragraph 6.21, Engineer's I employee) of Contractor, any Subcontractor, any review and approval of design calculations and design Supplier, or any individual or entity directly or indirectly drawings will be only for the limited purpose of checking employed by any of them to perform any of the Work, or for conformance with performance and design criteria anyone for whose acts any of them may be liable, the given and the design concept expressed in the Contract I indemnification obligation under Paragraph 6.20.A shall Documents. Engineer's review and approval of Shop not be limited in any way by any limitation on the amount Drawings and other submittals(except design calculations or type of damages,compensation,or benefits payable by and design drawings) will be only for the purpose stated I or for Contractor or any such Subcontractor, Supplier, or in Paragraph 6.17.D.1. other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit E. Contractor shall not be responsible for the acts. adequacy of the performance or design criteria required I by the Contract Documents. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, ARTICLE 7 -OTHER WORK AT THE SITE employees, agents, consultants and subcontractors arising out of: 7.01 Related Work at Site I 1. the preparation or approval of,or the failure to prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the surveys,Change Orders,designs,or Specifications;or Project at the Site with Owner's employees, or via other I direct contracts therefor,or have other work performed by 2. giving directions or instructions, or failing to utility owners. If such other work is not noted in the Con- give them, if that is the primary cause of the injury or tract Documents,then: damage. I 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contractor prior to starting any such other work;and I A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree professional design services unless such services are on entitlement to or on the amount or extent, if any, of specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work, a I to carry out Contractor's responsibilities for construction Claim may be made therefor as provided in Paragraph means, methods, techniques, sequences and procedures. 10.05. Contractor shall not be required to provide professional 1 services in violation of applicable law. B. Contractor shall afford each other contractor who is a party to such a direct contract,each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a I materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. I that such services must satisfy. Contractor shall cause such services or certifications to be provided by a Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall ARTICLE 8- OWNER'S RESPONSIBILITIES I not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the 8.01 Communications to Contractor others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for A.Except as otherwise provided in these General the benefit of such utility owners and other contractors to Conditions, Owner shall issue all communications to the extent that there are comparable provisions for the Contractor through Engineer. benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 8.02 Replacement of Engineer C. If the proper execution or results of any part A. In case of termination of the employment of I of Contractor's Work depends upon work performed by Engineer, Owner shall appoint an engineer to whom others under this Article 7, Contractor shall inspect such Contractor makes no reasonable objection, whose status other work and promptly report to Engineer in writing any under the Contract Documents shall be that of the former I delays, defects, or deficiencies in such other work that Engineer. render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's 8.03 Furnish Data failure to so report will constitute an acceptance of such other work as fit and proper for integration with A. Owner shall promptly furnish the data Contractor's Work except for latent defects and required of Owner under the Contract Documents. deficiencies in such other work. 8.04 Pay When Due 7.02 Coordination A. Owner shall make payments to Contractor A. If Owner intends to contract with others for when they are due as provided in Paragraphs 14.02.0 and the performance of other work on the Project at the Site, 14.07.C. the following will be set forth in Supplementary Condi- tions: 8.05 Lands and Easements;Reports and Tests 1. the individual or entity who will have A. Owner's duties in respect of providing lands authority and responsibility for coordination of the and easements and providing engineering surveys to activities among the various contractors will be identified; establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying 2. the specific matters to be covered by such and making available to Contractor copies of reports of authority and responsibility will be itemized;and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing 3. the extent of such authority and responsibili- surface or subsurface structures at or contiguous to the ties will be provided. Site that have been utilized by Engineer in preparing the Contract Documents. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole 8.06 Insurance authority and responsibility for such coordination. A. Owner's responsibilities, if any, in respect to 7.03 Legal Relationships purchasing and maintaining liability and property insur- ance are set forth in Article 5. I A.Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. 8.07 Change Orders B. Each other direct contract of Owner under A. Owner is obligated to execute Change Orders I Paragraph 7.01.A shall provide that the other contractor is as indicated in Paragraph 10.03. liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a 8.08 Inspections, Tests, and Approvals result of the other contractor's actions or inactions. A. Owner's responsibility in respect to certain C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph ' other contractor for the reasonable direct delay and 13.03.B. disruption costs incurred by such other contractor as a result of Contractor's action or inactions. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 I8.09 Limitations on Owner's Responsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. A.The Owner shall not supervise,direct,or have control or authority over, nor be responsible for, B. Engineer's visits and observations are subject Contractor's means, methods, techniques, sequences, or to all the limitations on Engineer's authority and procedures of construction, or the safety precautions and responsibility set forth in Paragraph 9.09.Particularly,but I programs incident thereto,or for any failure of Contractor without limitation, during or as a result of Engineer's to comply with Laws and Regulations applicable to the visits or observations of Contractor's Work Engineer will performance of the Work. Owner will not be responsible not supervise, direct, control, or have authority over or be I for Contractor's failure to perform the Work in accordance with the Contract Documents. responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any 8.10 Undisclosed Hazardous Environmental failure of Contractor to comply with Laws and ICondition Regulations applicable to the performance of the Work. A. Owner's responsibility in respect to an undis- 9.03 Project Representative I closed Hazardous Environmental Condition is set forth in Paragraph 4.06. A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist 8.11 Evidence of Financial Arrangements Engineer in providing more extensive observation of the I Work. The authority and responsibilities of any such A. If and to the extent Owner has agreed to Resident Project Representative and assistants will be as furnish Contractor reasonable evidence that financial provided in the Supplementary Conditions, and I arrangements have been made to satisfy Owner's limitations on the responsibilities thereof will be as obligations under the Contract Documents, Owner's provided in Paragraph 9.09. If Owner designates another responsibility in respect thereof will be as set forth in the representative or agent to represent Owner at the Site who Supplementary Conditions. is not Engineer's consultant, agent or employee, the I responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the ARTICLE 9 - ENGINEER'S STATUS DURING Supplementary Conditions. I CONSTRUCTION 9.04 Authorized Variations in Work I 9.01 Owner's Representative A. Engineer may authorize minor variations in the Work from the requirements of the Contract A. Engineer will be Owner's representative Documents which do not involve an adjustment in the during the construction period. The duties and responsi- Contract Price or the Contract Times and are compatible I bilities and the limitations of authority of Engineer as with the design concept of the completed Project as a Owner's representative during construction are set forth functioning whole as indicated by the Contract Docu- in the Contract Documents and will not be changed ments. These may be accomplished by a Field Order and without written consent of Owner and Engineer. will be binding on Owner and also on Contractor, who III shall perform the Work involved promptly. If Owner or 9.02 Visits to Site Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or A. Engineer will make visits to the Site at inter both, and the parties are unable to agree on entitlement to vals appropriate to the various stages of construction as or on the amount or extent, if any,of any such adjustment Engineer deems necessary in order to observe as an , a Claim may be made therefor as provided in Paragraph experienced and qualified design professional the 10.05. I progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on 9.05 Rejecting Defective Work information obtained during such visits and observations, 1 Engineer, for the benefit of Owner, will determine, in A. Engineer will have authority to reject Work general, if the Work is proceeding in accordance with the which Engineer believes to be defective, or that Engineer Contract Documents. Engineer will not be required to believes will not produce a completed Project that make exhaustive or continuous inspections on the Site to conforms to the Contract Documents or that will prejudice I check the quality or quantity of the Work. Engineer's the integrity of the design concept of the completed efforts will be directed toward providing for Owner a Project as a functioning whole as indicated by the greater degree of confidence that the completed Work will Contract Documents. Engineer will also have authority to I conform generally to the Contract Documents. On the require special inspection or testing of the Work as basis of such visits and observations, Engineer will keep provided in Paragraph 13.04, whether or not the Work is fabricated,installed,or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 partiality to Owner or Contractor and will not be liable in 9.06 Shop Drawings, Change Orders and Payments connection with any interpretation or decision rendered in good faith in such capacity. I A. In connection with Engineer's authority, and limitations thereof,as to Shop Drawings and Samples,see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities B. In connection with Engineer's authority, and A. Neither Engineer's authority or responsibility limitations thereof, as to design calculations and design under this Article 9 or under any other provision of the drawings submitted in response to a delegation of Contract Documents nor any decision made by Engineer professional design services,if any,see Paragraph 6.21. in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or C. In connection with Engineer's authority as to performance of any authority or responsibility by Change Orders,see Articles 10, 11,and 12. Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other Applications for Payment,see Article 14. individual or entity, or to any surety for or employee or agent of any of them. 9.07 Determinations for Unit Price Work B.Engineer will not supervise,direct,control,or A. Engineer will determine the actual quantities have authority over or be responsible for Contractor's and classifications of Unit Price Work performed by means, methods, techniques, sequences, or procedures of Contractor. Engineer will review with Contractor the construction, or the safety precautions and programs Engineer's preliminary determinations on such matters incident thereto, or for any failure of Contractor to before rendering a written decision thereon (by comply with Laws and Regulations applicable to the III recommendation of an Application for Payment or performance of the Work. Engineer will not be respon- otherwise). Engineer's written decision thereon will be sible for Contractor's failure to perform the Work in final and binding (except as modified by Engineer to accordance with the Contract Documents. reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of C. Engineer will not be responsible for the acts Paragraph 10.05. or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing 9.08 Decisions on Requirements of Contract any of the Work. _ Documents and Acceptability of Work D.Engineer's review of the final Application for A. Engineer will be the initial interpreter of the Payment and accompanying documentation and all requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, acceptability of the Work thereunder. All matters in guarantees, bonds, certificates of inspection, tests and question and other matters between Owner and Contractor approvals, and other documentation required to be arising prior to the date final payment is due relating to delivered by Paragraph 14.07.A will only be to determine the acceptability of the Work, and the interpretation of the generally that their content complies with the require- requirements of the Contract Documents pertaining to the ments of, and in the case of certificates of inspections, performance of the Work, will be referred initially to tests, and approvals that the results certified indicate Engineer in writing within 30 days of the event giving rise compliance with the Contract Documents. to the question E. The limitations upon authority and responsi- B. I Engineer will, with reasonable promptness, bility set forth in this Paragraph 9.09 shall also apply to, render a written decision on the issue referred. If Owner the Resident Project Representative, if any,and assistants, or Contractor believe that any such decision entitles them if any. to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the ARTICLE 10-CHANGES IN THE WORK;CLAIMS event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue Il referred will be final and binding on Owner and A.Without invalidating the Contract and without Contractor,subject to the provisions of Paragraph 10.05. notice to any surety,Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 1 promptly proceed with the Work involved which will be 10.05 Claims performed under the applicable conditions of the Contract I Documents(except as otherwise specifically provided). A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,shall be B. If Owner and Contractor are unable to agree referred to the Engineer for decision. A decision by entitlement to,or on the amount or extent,if any,of an Engineer shall be required as a condition precedent to any Ion adjustment in the Contract Price or Contract Times, or exercise by Owner or Contractor of any rights or remedies both, that should be allowed as a result of a Work Change either may otherwise have under the Contract Documents Directive, a Claim may be made therefor as provided in or by Laws and Regulations in respect of such Claims. I Paragraph 10.05. B. Notice: Written notice stating the general 10.02 Unauthorized Changes in the Work nature of each Claim,shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event in the Contract Price or an extension of the Contract giving rise thereto. The responsibility to substantiate a Times with respect to any work performed that is not Claim shall rest with the party making the Claim. Notice I required by the Contract Documents as amended, modified,or supplemented as provided in Paragraph 3.04, of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to except in the case of an emergency as provided in the Contract within 60 days after the start of such event I Paragraph 6.16 or in the case of uncovering Work as (unless Engineer allows additional time for claimant to provided in Paragraph 13.04.B. submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall 10.03 Execution of Change Orders be prepared in accordance with the provisions of I A. Owner and Contractor shall execute appropri Paragraph 12.01.B.A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions ate Change Orders recommended by Engineer covering: of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment I 1. changes in the Work which are: (i) ordered by claimed is the entire adjustment to which the claimant Owner pursuant to Paragraph 10.0l.A, (ii) required believes it is entitled as a result of said event. The because of acceptance of defective Work under Paragraph opposing party shall submit any response to Engineer and I 13.08.A or Owner's correction of defective Work under the claimant within 30 days after receipt of the claimant's Paragraph 13.09,or(iii)agreed to by the parties; last submittal(unless Engineer allows additional time). 2. changes in the Contract Price or Contract C. Engineer's Action: Engineer will review each Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or the last submittal of the performed in accordance with a Work Change Directive; opposing party, if any, take one of the following actions Iand in writing: 3. changes in the Contract Price or Contract 1.deny the Claim in whole or in part, Times which embody the substance of any written I decision rendered by Engineer pursuant to Paragraph 2.approve the Claim,or 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such 3.notify the parties that the Engineer is unable to I decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate for the Engineer to do so. For during any such appeal, Contractor shall carry on the purposes of further resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be deemed a denial. I Paragraph 6.18.A. D. In the event that Engineer does not take action 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be I deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or I or Contract Times) is required by the provisions of any 10.05.D will be final and binding upon Owner and bond to be given to a surety,the giving of any such notice Contractor, unless Owner or Contractor invoke the will be Contractor's responsibility. The amount of each dispute resolution procedure set forth in Article 16 within l applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. any such change. EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price Contractor and shall deliver such bids to Owner, who will or Contract Times will be valid if not submitted in then determine, with the advice of Engineer, which bids, accordance with this Paragraph 10.05. if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the I Work plus a fee, the Subcontractor's Cost of the Work ARTICLE 11 - COST OF THE WORK; and fee shall be determined in the same manner as ALLOWANCES;UNIT PRICE WORK Contractor's Cost of the Work and fee as provided in this I Paragraph 11.01. 11.01 Cost of the Work 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, I A. Costs Included: The term Cost of the Work surveyors, attorneys, and accountants) employed for means the sum of all costs, except those excluded in services specifically related to the Work. Paragraph 11.01.B, necessarily incurred and paid by ' Contractor in the proper performance of the Work. When 5. Supplemental costs including the following: the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is a. The proportion of necessary transportation, determined on the basis of Cost of the Work, the costs to travel, and subsistence expenses of Contractor's I be reimbursed to Contractor will be only those additional employees incurred in discharge of duties or incremental costs required because of the change in the connected with the Work. Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by b. Cost, including transportation and mainte- ' Owner, such costs shall be in amounts no higher than nance, of all materials, supplies, equipment, those prevailing in the locality of the Project,shall include machinery, appliances, office, and temporary only the following items, and shall not include any of the facilities at the Site,and hand tools not owned by II costs itemized in Paragraph 11.01.B. the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, 1. Payroll costs for employees in the direct of such items used but not consumed which I employ of Contractor in the performance of the Work remain the property of Contractor. under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, c. Rentals of all construction equipment and without limitation, superintendents, foremen, and other machinery, and the parts thereof whether rented I personnel employed full time at the Site. Payroll costs for from Contractor or others in accordance with _ employees not employed full time on the Work shall be rental agreements approved by Owner with the apportioned on the basis of their time spent on the Work. advice of Engineer, and the costs of Payroll costs shall include, but not be limited to, salaries transportation, loading, unloading, assembly, and wages plus the cost of fringe benefits, which shall dismantling, and removal thereof. All such costs include social security contributions, unemployment, shall be in accordance with the terms of said excise, and payroll taxes, workers' compensation, health rental agreements. The rental of any such equip- and retirement benefits, bonuses, sick leave, vacation and ment, machinery, or parts shall cease when the holiday pay applicable thereto. The expenses of use thereof is no longer necessary for the Work. performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in d. Sales, consumer, use, and other similar taxes the above to the extent authorized by Owner. related to the Work, and for which Contractor is liable,imposed by Laws and Regulations. 2. Cost of all materials and equipment furnished I and incorporated in the Work, including costs of e. Deposits lost for causes other than negligence transportation and storage thereof, and Suppliers' field of Contractor, any Subcontractor, or anyone services required in connection therewith. All cash directly or indirectly employed by any of them or discounts shall accrue to Contractor unless Owner for whose acts any of them may be liable, and deposits funds with Contractor with which to make pay- royalty payments and fees for permits and ments, in which case the cash discounts shall accrue to licenses. Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work,not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 1 resulted from causes other than the negligence of be determined as set forth in the Agreement. When the Contractor, any Subcontractor, or anyone value of any Work covered by a Change Order or when a 1 directly or indirectly employed by any of them or for whose acts any of them may be liable. Such Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be losses shall include settlements made with the determined as set forth in Paragraph 12.01.C. I written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to determining Contractor's fee. Paragraphs 11.01.A and 11.01.B,Contractor will establish I g. The cost of utilities, fuel, and sanitary and maintain records thereof in accordance with generally accepted accounting practices and submit in a form facilities at the Site. acceptable to Engineer an itemized cost breakdown I together with supporting data. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the 11.02 Allowances Site, expresses, and similar petty cash items in I connection with the Work. A. It is understood that Contractor has included in the Contract Price all allowances so named in the i. The costs of premiums for all bonds and Contract Documents and shall cause the Work so covered insurance Contractor is required by the Contract to be performed for such sums and by such persons or IDocuments to purchase and maintain. entities as may be acceptable to Owner and Engineer. B. Costs Excluded: The term Cost of the Work B. Cash Allowances I shall not include any of the following items: 1. Contractor agrees that: 1. Payroll costs and other compensation of I Contractor's officers, executives, principals (of a. the cash allowances include the cost to partnerships and sole proprietorships), general managers, Contractor (less any applicable trade discounts) safety managers, engineers, architects, estimators, attor- of materials and equipment required by the neys, auditors, accountants, purchasing and contracting allowances to be delivered at the Site, and all I agents, expediters, timekeepers, clerks, and other applicable taxes;and personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general b. Contractor's costs for unloading and handling administration of the Work and not specifically included on the Site, labor, installation , overhead, profit, I in the agreed upon schedule of job classifications referred and other expenses contemplated for the cash to in Paragraph 11.01.A.1 or specifically covered by allowances have been included in the Contract Paragraph 11.01.A.4, all of which are to be considered Price and not in the allowances, and no demand I administrative costs covered by the Contractor's fee. for additional payment on account of any of the foregoing will be valid. 2.Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. C. Contingency Allowance I3. Any part of Contractor's capital expenses, 1. Contractor agrees that a contingency including interest on Contractor's capital employed for allowance, if any, is for the sole use of Owner to cover I the Work and charges against Contractor for delinquent unanticipated costs. payments. D.Prior to final payment, an appropriate Change 4. Costs due to the negligence of Contractor, any Order will be issued as recommended by Engineer to I Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be liable, including but not limited to, the correction of correspondingly adjusted. I defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to 11.03 Unit Price Work property. Where the Contract Documents provide that IA. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit expressly included in Paragraphs 11.01.A and 11.01.B. Price Work an amount equal to the sum of the unit price I for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus,Contractor's fee shall the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 allowance for overhead and profit not necessarily in B. The estimated quantities of items of Unit accordance with Paragraph 12.01.C.2);or Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial 3. where the Work involved is not covered by Contract Price. Determinations of the actual quantities unit prices contained in the Contract Documents and and classifications of Unit Price Work performed by agreement to a lump sum is not reached under Paragraph Contractor will be made by Engineer subject to the 12.01.B.2, on the basis of the Cost of the Work I provisions of Paragraph 9.07. (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as C. Each unit price will be deemed to include an provided in Paragraph 12.01.C). amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately C. Contractor's Fee: The Contractor's fee for identified item. overhead and profit shall be determined as follows: D. Owner or Contractor may make a Claim for 1. a mutually acceptable fixed fee;or an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions 1. the quantity of any item of Unit Price Work of the Cost of the Work: performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated a. for costs incurred under Paragraphs 11.01.A.1 , in the Agreement;and and 11.01.A.2, the Contractor's fee shall be 15 percent; 2. there is no corresponding adjustment with respect any other item of Work;and b. for costs incurred under Paragraph 11.01.A.3, I the Contractor's fee shall be five percent; 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having c. where one or more tiers of subcontracts are on incurred additional expense or Owner believes that Owner the basis of Cost of the Work plus a fee and no is entitled to a decrease in Contract Price and the parties fixed fee is agreed upon, the intent of Paragraph are unable to agree as to the amount of any such increase 12.01.C.2.a is that the Subcontractor who or decrease. actually performs the Work,at whatever tier,will III be paid a fee of 15 percent of the costs incurred _ by such Subcontractor under Paragraphs ARTICLE 12 - CHANGE OF CONTRACT PRICE; 11.01.A.1 and 11.01.A.2 and that any higher tier I CHANGE OF CONTRACT TIMES Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 12.01 Change of Contract Price I d. no fee shall be payable on the basis of costs A. The Contract Price may only be changed by a itemized under Paragraphs 11.01.A.4, 11.01.A.5, Change Order. Any Claim for an adjustment in the and 11.01.B; I Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the e. the amount of credit to be allowed by other party to the Contract in accordance with the Contractor to Owner for any change which provisions of Paragraph 10.05. results in a net decrease in cost will be the I amount of the actual net decrease in cost plus a B. The value of any Work covered by a Change deduction in Contractor's fee by an amount equal Order or of any Claim for an adjustment in the Contract to five percent of such net decrease;and Price will be determined as follows: f. when both additions and credits are involved 1. where the Work involved is covered by unit in any one change, the adjustment in prices contained in the Contract Documents, by applica- Contractor's fee shall be computed on the basis I tion of such unit prices to the quantities of the items of the net change in accordance with Paragraphs involved (subject to the provisions of Paragraph 11.03); 12.01.C.2.a through 12.01.C.2.e,inclusive. or 111 12.02 Change of Contract Times 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a A. The Contract Times may only be changed by mutually agreed lump sum (which may include an a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700-32 iby the party making the Claim to the Engineer and the other party to the Contract in accordance with the ' provisions of Paragraph 10.05. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF B. Any adjustment of the Contract Times DEFECTIVE WORK covered by a Change Order or any Claim for an I adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 13.01 Notice of Defects I 12.03 Delays A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to A. Where Contractor is prevented from Contractor. All defective Work may be rejected, I completing any part of the Work within the Contract corrected,or accepted as provided in this Article 13. Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to 13.02 Access to Work the time lost due to such delay if a Claim is made therefor I as provided in Paragraph 12.02.A. Delays beyond the A. Owner, Engineer, their consultants and other control of Contractor shall include, but not be limited to, representatives and personnel of Owner, independent acts or neglect by Owner, acts or neglect of utility owners testing laboratories, and governmental agencies with I or other contractors performing other work as contemplat- jurisdictional interests will have access to the Site and the ed by Article 7, fires, floods, epidemics, abnormal Work at reasonable times for their observation, weather conditions,or acts of God. inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise I B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. contemplated by Article 7, or anyone for whom Owner is I responsible, delays, disrupts, or interferes with the 13.03 Tests and Inspections performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract A. Contractor shall give Engineer timely notice Price or the Contract Times , or both. Contractor's of readiness of the Work for all required inspections, I entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to tests,or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Contractor's ability to complete the Work within the I Contract Times. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all C If Contractor is delayed in the performance or inspections, tests, or approvals required by the Contract progress of the Work by fire, flood, epidemic, abnormal Documents except: I weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other 1. for inspections, tests, or approvals covered by causes not the fault of and beyond control of Owner and Paragraphs 13.03.0 and 13.03.D below; I Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such 2. that costs incurred in connection with tests or adjustment is essential to Contractor's ability to complete inspections conducted pursuant to Paragraph 13.04.B the Work within the Contract Times. Such an adjustment shall be paid as provided in said Paragraph 13.04.C;and I shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. 3. as otherwise specifically provided in the Con- tract Documents. D. Owner, Engineer and the Related Entities of Ieach of them shall not be liable to Contractor for any C. If Laws or Regulations of any public body claims, costs, losses, or damages (including but not having jurisdiction require any Work (or part thereof) limited to all fees and charges of Engineers, architects, specifically to be inspected, tested,-or approved by an ' attorneys, and other professionals and all court or employee or other representative of such public body, arbitration or other dispute resolution costs) sustained by Contractor shall assume full responsibility for arranging Contractor on or in connection with any other project or and obtaining such inspections,tests,or approvals,pay all I anticipated project. costs in connection therewith, and furnish Engineer the E. Contractor shall not be entitled to an required certificates of inspection or approval. adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging I within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 • be incorporated in the Work; or acceptance of materials, A. If the Work is defective,or Contractor fails to mix designs, or equipment submitted for approval prior to supply sufficient skilled workers or suitable materials or Contractor's purchase thereof for incorporation in the equipment, or fails to perform the Work in such a way I Work. Such inspections, tests, or approvals shall be that the completed Work will conform to the Contract performed by organizations acceptable to Owner and Documents, Owner may order Contractor to stop the Engineer. Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner E. If any Work(or the work of others) that is to to stop the Work shall not give rise to any duty on the part be inspected, tested,or approved is covered by Contractor of Owner to exercise this right for the benefit of without written concurrence of Engineer, it must, if Contractor, any Subcontractor, any Supplier, any other I requested by Engineer,be uncovered for observation. individual or entity, or any surety for, or employee or agent of any of them. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless 13.06 Correction or Removal of Defective Work Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has A. Promptly after receipt of notice, Contractor not acted with reasonable promptness in response to such shall correct all defective Work, whether or not notice. fabricated, installed, or completed, or, if the Work has been rejected by Engineer,remove it from the Project and 13.04 Uncovering Work replace it with Work that is not defective.Contractor shall pay all claims, costs, losses, and damages (including but I A. If any Work is covered contrary to the written not limited to all fees and charges of engineers,architects, request of Engineer, it must, if requested by Engineer,be attorneys, and other professionals and all court or uncovered for Engineer's observation and replaced at arbitration or other dispute resolution costs) arising out of Contractor's expense. or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of B.If Engineer considers it necessary or advisable others). that covered Work be observed by Engineer or inspected 111 or tested by others, Contractor, at Engineer's request, B. When correcting defective Work under the shall uncover, expose, or otherwise make available for terms of this Paragraph 13.06 or Paragraph 13.07, observation, inspection, or testing as Engineer may Contractor shall take no action that would void or require, that portion of the Work in question, furnishing otherwise impair Owner's special warranty and guarantee, I all necessary labor,material,and equipment. if any,on said Work. C. If it is found that the uncovered Work is 13.07 Correction Period ' ' defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and A. If within one year after the date of Substantial charges of engineers, architects, attorneys, and other Completion (or such longer period of time as may be professionals and all court or arbitration or other dispute prescribed by the terms of any applicable special I resolution costs) arising out of or relating to such guarantee required by the Contract Documents) or by any uncovering, exposure, observation, inspection, and specific provision of the Contract Documents, any Work testing, and of satisfactory replacement or reconstruction is found to be defective,or if the repair of any damages to I (including but not limited to all costs of repair or the land or areas made available for Contractor's use by replacement of work of others); and Owner shall be Owner or permitted by Laws and Regulations as entitled to an appropriate decrease in the Contract Price.If contemplated in Paragraph 6.11.A is found to be the parties are unable to agree as to the amount thereof, defective, Contractor shall promptly, without cost to I Owner may make a Claim therefor as provided in Owner and in accordance with Owner's written Paragraph 10.05. instructions: D. If, the uncovered Work is not found to be 1.repair such defective land or areas;or defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or 2.correct such defective Work;or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and 3. if the defective Work has been rejected by reconstruction. If the parties are unable to agree as to the Owner, remove it from the Project and replace it with amount or extent thereof, Contractor may make a Claim Work that is not defective,and therefor as provided in Paragraph 10.05. 4. satisfactorily correct or repair or remove and 13.05 Owner May Stop the Work replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-34 IB. If Contractor does not promptly comply with 13.09 Owner May Correct Defective Work the terms of Owner's written instructions, or in an I emergency where delay would cause serious risk of loss A. If Contractor fails within a reasonable time or damage, Owner may have the defective Work after written notice from Engineer to correct defective corrected or repaired or may have the rejected Work re- Work or to remove and replace rejected Work as required moved and replaced. All claims, costs, losses, and by Engineer in accordance with Paragraph 13.06.A, or if I damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply and all court or arbitration or other dispute resolution with any other provision of the Contract Documents, I costs) arising out of or relating to such correction or repair or such removal and replacement (including but not Owner may,after seven days written notice to Contractor, correct or remedy any such deficiency. limited to all costs of repair or replacement of work of I others)will be paid by Contractor. C. In special circumstances where a particular B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, item of equipment is placed in continuous service before Owner may exclude Contractor from all or part of the I Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if Site, take possession of all or part of the Work and suspend Contractor's services related thereto,take posses- so provided in the Specifications. sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or Work resulting therefrom) has been corrected or removed for which Owner has paid Contractor but which are stored and replaced under this Paragraph 13.07, the correction elsewhere. Contractor shall allow Owner, Owner's I period hereunder with respect to such Work will be representatives, agents and employees, Owner's other extended for an additional period of one year after such contractors, and Engineer and Engineer's consultants correction or removal and replacement has been access to the Site to enable Owner to exercise the rights satisfactorily completed. and remedies under this Paragraph. IE. Contractor's obligations under this Paragraph C. All claims, costs, losses, and damages 13.07 are in addition to any other obligation or warranty. (including but not limited to all fees and charges of I The provisions of this Paragraph 13.07 shall not be engineers, architects, attorneys, and other professionals construed as a substitute for or a waiver of the provisions and all court or arbitration or other dispute resolution of any applicable statute of limitation or repose. costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be I . 13.08 Acceptance of Defective Work charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the A. If, instead of requiring correction or removal Contract Documents with respect to the Work;and Owner I and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) shall be entitled to an appropriate decrease in the Contract Price.If the parties are unable to agree as to the amount of prefers to accept it, Owner may do so. Contractor shall the adjustment, Owner may make a Claim therefor as pay all claims, costs, losses, and damages (including but provided in Paragraph 10.05. Such claims, costs, losses I not limited to all fees and charges of engineers, architects, and damages will include but not be limited to all costs of attorneys, and other professionals and all court or repair, or replacement of work of others destroyed or arbitration or other dispute resolution costs)attributable to damaged by correction, removal, or replacement of I Owner's evaluation of and determination to accept such Contractor's defective Work. defective Work(such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work D. Contractor shall not be allowed an extension the extent not otherwise paid by Contractor pursuant to of the Contract Times because of any delay in the Ito this sentence. If any such acceptance occurs prior to performance of the Work attributable to the exercise by Engineer's recommendation of final payment, a Change Owner of Owner's rights and remedies under this Order will be issued incorporating the necessary revisions Paragraph 13.09. ' in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND accepted. If the parties are unable to agree as to the COMPLETION ISO amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation,an appropriate amount will be 14.01 Schedule of Values I paid by Contractor to Owner. A.The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- b. the quality of the Work is generally in accor- tion for Payment acceptable to Engineer. Progress dance with the Contract Documents (subject to payments on account of Unit Price Work will be based on an evaluation of the Work as a functioning whole the number of units completed. prior to or upon Substantial Completion, to the I results of any subsequent tests called for in the 14.02 Progress Payments Contract Documents, to a final determination of quantities and classifications for Unit Price Work A.Applications for Payments under Paragraph 9.07, and to any other qualifications stated in the recommendation);and 1. At least 20 days before the date established in the Agreement for each progress payment (but not more c. the conditions precedent to Contractor's being I often than once a month), Contractor shall submit to entitled to such payment appear to have been Engineer for review an Application for Payment filled out fulfilled in so far as it is Engineer's and signed by Contractor covering the Work completed as responsibility to observe the Work. of the date of the Application and accompanied by such supporting documentation as is required by the Contract 3. By recommending any such payment Engineer Documents. If payment is requested on the basis of will not thereby be deemed to have represented that: materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another a. inspections made to check the quality or the location agreed to in writing,the Application for Payment quantity of the Work as it has been performed shall also be accompanied by a bill of sale, invoice, or have been exhaustive, extended to every aspect I other documentation warranting that Owner has received of the Work in progress, or involved detailed the materials and equipment free and clear of all Liens inspections of the Work beyond the responsi- and evidence that the materials and equipment are bilities specifically assigned to Engineer in the covered by appropriate property insurance or other Contract Documents;or I arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. b. that there may not be other matters or issues between the parties that might entitle Contractor I 2. Beginning with the second Application for to be paid additionally by Owner or entitle Payment, each Application shall include an affidavit of Owner to withhold payment to Contractor. Contractor stating that all previous progress payments received on account of the Work have been applied on 4. Neither Engineer's review of Contractor's I account to discharge Contractor's legitimate obligations Work for the purposes of recommending payments nor associated with prior Applications for Payment. Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: . I 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. a.to supervise,direct,or control the Work,or B.Review of Applications b. for the means, methods, techniques, sequences, or procedures of construction, or the 1. Engineer will, within 10 days after receipt of safety precautions and programs incident thereto, each Application for Payment, either indicate in writing a or Irecommendation of payment and present the Application to Owner or return the Application to Contractor c. for Contractor's failure to comply with Laws indicating in writing Engineer's reasons for refusing to and Regulations applicable to Contractor's recommend payment. In the latter case, Contractor may performance of the Work,or I make the necessary corrections and resubmit the Application. d. to make any examination to ascertain how or for what purposes Contractor has used the 2. Engineer's recommendation of any payment moneys paid on account of the Contract Price,or requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's e. to determine that title to any of the Work, observations on the Site of the executed Work as an materials,or equipment has passed to Owner free experienced and qualified design professional and on and clear of any Liens. Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of 5. Engineer may refuse to recommend the whole IEngineer's knowledge,information and belief: or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner a. the Work has progressed to the point indicat- stated in Paragraph 14.02.B.2. Engineer may also refuse ed; to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700.36 Iinspections or tests, revise or revoke any such payment 3. If it is subsequently uentl determined that Owner's recommendation previously made, to such extent as may refusal of payment was not justified, the amount I be necessary in Engineer's opinion to protect Owner from loss because: wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. I a. the Work is defective, or completed Work has 14.03 Contractor's Warranty of Title been damaged, requiring correction or replace- ment; A. Contractor warrants and guarantees that title I to all Work, materials, and equipment covered by any b. the Contract Price has been reduced by Application for Payment, whether incorporated in the Change Orders; Project or not,will pass to Owner no later than the time of payment free and clear of all Liens. I c. Owner has been required to correct defective Work or complete Work in accordance with 14.04 Substantial Completion Paragraph 13.09;or A. When Contractor considers the entire Work I d. Engineer has actual knowledge of the occurrence of any of the events enumerated in ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is Paragraph 15.02.A. substantially complete(except for items specifically listed I C.Payment Becomes Due by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 1. Ten days after presentation of the Application B. Promptly after Contractor's notification, , I for Payment to Owner with Engineer's recommendation, Owner, Contractor, and Engineer shall make an the amount recommended will (subject to the provisions inspection of the Work to determine the status of of Paragraph 14.02.D)become due, and when due will be completion. If Engineer does not consider the Work I paid by Owner to Contractor. substantially complete,Engineer will notify Contractor in writing giving the reasons therefor. D.Reduction in Payment C. If Engineer considers the Work substantially I 1. Owner may refuse to make payment of the full complete, Engineer will deliver to Owner a tentative amount recommended by Engineer because: certificate of Substantial Completion which shall fix the date of Substantial Completion.There shall be attached to I a. claims have been made against Owner on the certificate a tentative list of items to be completed or account of Contractor's performance or furnish corrected before final payment. Owner shall have seven furnish- ing of the Work; days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions I b. Liens have been filed in connection with the of the certificate or attached list. If, after considering such Work, except where Contractor has delivered a objections, Engineer concludes that the Work is not specific bond satisfactory to Owner to secure the substantially complete,Engineer will within 14 days after I satisfaction and discharge of such Liens; submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor.If,after c. there are other items entitling Owner to a consideration of Owner's objections, Engineer considers set-off against the amount recommended;or the Work substantially complete, Engineer will within I d. Owner has actual knowledge of the occurrence said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a of any of the events enumerated in Paragraphs revised tentative list of items to be completed or correct- ' 14.02.B.5.a through 14.02.B.5.c or Paragraph ed) reflecting such changes from the tentative certificate 15.02.A. as Engineer believes justified after consideration of any objections from Owner. 2. If Owner refuses to make payment of the full I amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative certificate Contractor immediate written notice (with a copy to e of Substantial Completion, Engineer will Engineer) stating the reasons for such action and promptly deliver to Owner and Contractor a written recommen- I pay Contractor any amount remaining after deduction of dation as to division of responsibilities pending final the amount so withheld. Owner shall promptly pay payment between Owner and Contractor with respect to Contractor the amount so withheld, or any adjustment security, operation, safety, and protection of the Work, thereto agreed to by Owner and Contractor, when maintenance, heat, utilities, insurance, and warranties and I Contractor corrects to Owner's satisfaction the reasons for guarantees. Unless Owner and Contractor agree otherwise such action. in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 ■ Completion, Engineer's aforesaid recommendation will that the Work is incomplete or defective. Contractor shall I be binding on Owner and Contractor until final payment. immediately take such measures as are necessary to complete such Work or remedy such deficiencies. I E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial 14.07 Final Payment Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. A. Application for Payment 14.05 Partial Utilization 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections 111 A. Prior to Substantial Completion of all the identified during the final inspection and has delivered, in Work, Owner may use or occupy any substantially accordance with the Contract Documents, all maintenance completed part of the Work which has specifically been and operating instructions, schedules, guarantees, bonds, identified in the Contract Documents, or which Owner, certificates or other evidence of insurance certificates of Engineer, and Contractor agree constitutes a separately inspection, marked-up record documents (as provided in functioning and usable part of the Work that can be used Paragraph 6.12), and other documents, Contractor may by Owner for its intended purpose without significant make application for final payment following the interference with Contractor's performance of the procedure for progress payments. remainder of the Work, subject to the following condi- tions. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: I 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of a. all documentation called for in the Contract the Work which Owner believes to be ready for its Documents, including but not limited to the intended use and substantially complete. If and when evidence of insurance required by Paragraph I Contractor agrees that such part of the Work is 5.04.B.7; substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially b.consent of the surety,if any,to final payment; I complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. c. a list of all Claims against Owner that Contractor believes are unsettled;and I 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such d. complete and legally effective releases or part of the Work ready for its intended use and substan- waivers (satisfactory to Owner) of all Lien rights tially complete and request Engineer to issue a certificate arising out of or Liens filed in connection with of Substantial Completion for that part of the Work. the Work. 3. Within a reasonable time after either such 3. In lieu of the releases or waivers of Liens request, Owner, Contractor, and Engineer shall make an specified in Paragraph 14.07.A.2 and as approved by inspection of that part of the Work to determine its status Owner,Contractor may furnish receipts or releases in full of completion. If Engineer does not consider that part of and an affidavit of Contractor that: (i) the releases and the Work to be substantially complete, Engineer will receipts include all labor, services, material, and notify Owner and Contractor in writing giving the reasons equipment for which a Lien could be filed; and (ii) all therefor. If Engineer considers that part of the Work to be payrolls, material and equipment bills, and other substantially complete, the provisions of Paragraph 14.04 indebtedness connected with the Work for which Owner II will apply with respect to certification of Substantial or Owner's property might in any way be responsible have Completion of that part of the Work and the division of been paid or otherwise satisfied. If any Subcontractor or responsibility in respect thereof and access thereto. Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral 4. No use or occupancy or separate operation of satisfactory to Owner to indemnify Owner against any part of the Work may occur prior to compliance with the Lien. requirements of Paragraph 5.10 regarding property I insurance. B. Engineer's Review of Application and Acceptance 14.06 Final Inspection 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work I writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-38 Iunder the Contract Documents have been fulfilled, with the requirements herein and expressly acknowledged Engineer will, within ten days after receipt of the final by Owner in writing as still unsettled. I Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time ARTICLE 15 - SUSPENSION OF WORK AND I Engineer will also give written notice to Owner and TERMINATION Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- 15.01 Owner May Suspend Work I ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the A. At any time and without cause, Owner may necessary corrections and resubmit the Application for suspend the Work or any portion thereof for a period of I Payment. not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which C.Payment Becomes Due Work will be resumed. Contractor shall resume the Work on the date so fixed.Contractor shall be granted an adjust- 1. Thirty days after the presentation to Owner of merit in the Contract Price or an extension of the Contract the Application for Payment and accompanying docu- Times, or both, directly attributable to any such mentation, the amount recommended by Engineer, less suspension if Contractor makes a Claim therefor as I any sum Owner is entitled to set off against Engineer's provided in Paragraph 10.05. recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to 15.02 Owner May Terminate for Cause Contractor. IA. The occurrence of any one or more of the 14.08 Final Completion Delayed following events will justify termination for cause: A. If, through no fault of Contractor, final 1. Contractor's persistent failure to perform the completion of the Work is significantly delayed, and if Work in accordance with the Contract Documents Engineer so confirms, Owner shall, upon receipt of (including, but not limited to, failure to supply sufficient I Contractor's final Application for Payment (for Work skilled workers or suitable materials or equipment or fully completed and accepted) and recommendation of failure to adhere to the Progress Schedule established Engineer, and without terminating the Contract, make under Paragraph 2.07 as adjusted from time to time payment of the balance due for that portion of the Work pursuant to Paragraph 6.04); I fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or 2. Contractor's disregard of Laws or Regulations corrected is less than the retainage stipulated in the of any public body having jurisdiction; Agreement, and if bonds have been furnished as required I in Paragraph 5.01, the written consent of the surety to the 3. Contractor's disregard of the authority of payment of the balance due for that portion of the Work Engineer;or fully completed and accepted shall be submitted by I Contractor to Engineer with the Application for such 4. Contractor's violation in any substantial way payment. Such payment shall be made under the terms of any provisions of the Contract Documents. and conditions governing final payment, except that it shall not constitute a waiver of Claims. B. If one or more of the events identified in I 14.09 Waiver of Claims Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: IA. The making and acceptance of final payment will constitute: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, 1. a waiver of all Claims by Owner against appliances, construction equipment, and machinery at the I Contractor, except Claims arising from unsettled Liens, Site, and use the same to the full extent they could be from defective Work appearing after final inspection used by Contractor (without liability to Contractor for pursuant to Paragraph 14.06, from failure to comply with trespass or conversion), I the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's 2. incorporate in the Work all materials and continuing obligations under the Contract Documents; equipment stored at the Site or for which Owner has paid and Contractor but which are stored elsewhere,and I2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 o, 3. complete the Work as Owner ma y deem 2. expenses sustained prior to the effective date I expedient. of termination in performing services and furnishing labor,materials,or equipment as required by the Contract I C. If Owner proceeds as provided in Paragraph Documents in connection with uncompleted Work, plus 15.02.B, Contractor shall not be entitled to receive any fair and reasonable sums for overhead and profit on such further payment until the Work is completed. If the expenses; I unpaid balance of the Contract Price exceeds all claims, 3. all claims, costs, losses, and damages costs,losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and (including but not limited to all fees and charges of other professionals and all court or arbitration or other engineers, architects, attorneys, and other professionals dispute resolution costs) sustained by Owner arising out and all court or arbitration or other dispute resolution I of or relating to completing the Work,such excess will be costs) incurred in settlement of terminated contracts with paid to Contractor. If such claims, costs, losses, and Subcontractors,Suppliers,and others;and damages exceed such unpaid balance, Contractor shall I pay the difference to Owner. Such claims, costs, losses, 4. reasonable expenses directly attributable to and damages incurred by Owner will be reviewed by termination. Engineer as to their reasonableness and, when so I approved by Engineer, incorporated in a Change Order. B.Contractor shall not be paid on account of loss When exercising any rights or remedies under this of anticipated profits or revenue or other economic loss Paragraph Owner shall not be required to obtain the arising out of or resulting from such termination. lowest price for the Work performed. I 15.04 Contractor May Stop Work or Terminate D. Notwithstanding Paragraphs 15.02.B and through no act or fault of Contractor, (i) 15.02.C, Contractor's services will not be terminated if A. If, I Contractor begins within seven days of receipt of notice the Work is suspended for more than 90 consecutive days of intent to terminate to correct its failure to perform and by Owner or under an order of court or other public proceeds diligently to cure such failure within no more authority, or (ii) Engineer fails to act on any Application than 30 days of receipt of said notice. for Payment within 30 days after it is submitted, or (iii) I Owner fails for 30 days to pay Contractor any sum finally E. Where Contractor's services have been so determined to be due, then Contractor may, upon seven terminated by Owner, the termination will not affect any days written notice to Owner and Engineer, and provided rights or remedies of Owner against Contractor then Owner or Engineer do not remedy such suspension or I existing or which may thereafter accrue. Any retention or failure within that time, terminate the Contract and payment of moneys due Contractor by Owner will not recover from Owner payment on the same terms as release Contractor from liability. provided in Paragraph 15.03. I F. If and to the extent that Contractor has B. In lieu of terminating the Contract and provided a performance bond under the provisions of without prejudice to any other right or remedy, if Paragraph 5.01.A,the termination procedures of that bond Engineer has failed to act on an Application for Payment I shall supersede the provisions of Paragraphs 15.02.B, and within 30 days after it is submitted, or Owner has failed 15.02.C. for 30 days to pay Contractor any sum finally determined to be due,Contractor may,seven days after written notice i 15.03 Owner May Terminate For Convenience to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including A. Upon seven days written notice to Contractor interest thereon. The provisions of this Paragraph 15.04 and Engineer, Owner may, without cause and without are not intended to preclude Contractor from making a I prejudice to any other right or remedy of Owner, Claim under Paragraph 10.05 for an adjustment in terminate the Contract. In such case, Contractor shall be Contract Price or Contract Times or otherwise for paid for(without duplication of any items): expenses or damage directly attributable to Contractor's I stopping the Work as permitted by this Paragraph. 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the I effective date of termination, including fair and ARTICLE 16-DISPUTE RESOLUTION reasonable sums for overhead and profit on such Work; 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700-40 Igoverned by the Construction Industry Mediation Rules 2. delivered at or sent by registered or certified of the American Arbitration Association in effect as of the mail, postage prepaid, to the last business address known I Effective Date of the Agreement. The request for to the giver of the notice. mediation shall be submitted in writing to the American Arbitration Association and the other party to the 17.02 Computation of Times I Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. A. When any period of time is referred to in the Contract Documents by days, it will be computed to B. Owner and Contractor shall participate in the exclude the first and include the last day of such period. If I mediation process in good faith. The process shall be the last day of any such period falls on a Saturday or concluded within 60 days of filing of the request. The Sunday or on a day made a legal holiday by the law of the date of termination of the mediation shall be determined applicable jurisdiction, such day will be omitted from the Iby application of the mediation rules referenced above. computation. C. If the Claim is not resolved by mediation, 17.03 Cumulative Remedies Engineer's action under Paragraph 10.05.0 or a denial I pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become A. The duties and obligations imposed by these final and binding 30 days after termination of the General Conditions and the rights and remedies available mediation unless, within that time period, Owner or hereunder to the parties hereto are in addition to, and are I Contractor: not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which 1. elects in writing to invoke any dispute are otherwise imposed or available by Laws or Regula- resolution process provided for in the Supplementary tions, by special warranty or guarantee, or by other I Conditions,or provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated 2. agrees with the other party to submit the specifically in the Contract Documents in connection with I Claim to another dispute resolution process,or each particular duty, obligation, right, and remedy to 3. gives written notice to the other party of their which they apply. intent to submit the Claim to a court of competent 17.04 Survival of Obligations I jurisdiction. A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in I ' ARTICLE 17-MISCELLANEOUS accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and 17.01 Giving Notice acceptance of the Work or termination or completion of I the Contract or termination of the services of Contractor. A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be 17.05 Controlling Law I deemed to have been validly given if: A. This Contract is to be governed by the law of 1. delivered in person to the individual or to a the state in which the Project is located. member of the firm or to an officer of the corporation for Iwhom it is intended,or 17.06 Headings A. Article and paragraph headings are inserted I for convenience only and do not constitute parts of these General Conditions. I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright p 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 1 __