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HomeMy WebLinkAboutProject Manual• I SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. I \--/VAA)", 1(2-% Mark R. Rolfs, PE Date: March 10, 2011 License #16722 END OF SECTION I I I I I I I 1 I PROFESSIONAL CERTIFICATIONS ©2011 Bonestroo 1 000055-11173-0 00 01 05- 1 I ISECTION 00 01 10 ITABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP I Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page III00 01 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 31 00 Available Project Information 00 41 10 Bid Form IBidder Qualification Process Contracting Requirements I 00 52 10 Agreement Form 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 72 05 EJCDC C-700 Standard General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP I GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 10 00 Summary I 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements I 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Execution Requirements IDivision 09 - Finishes 09 91 55 Repainting Water Storage Facilities IDivision 26 - Electric 26 42 00 Cathodic Protection I Division 32 - Exterior Improvements 32 92 00 Turf and Grasses I Division 33 - Utilities 33 01 16 Steel Water Reservoir Repairs I 1 TABLE OF CONTENTS ©2011 Bonestroo I 000055-11173-0 00 01 10- 1 1 Drawings Figure 1 Location Plan Figure 2 Site Plan Figure 3 Tower Elevation Figure 4 Tower Name Sign Scheme END OF SECTION 1 1 I 1 I I r I I I l I I 1 I TABLE OF CONTENTS ©2011 Bonestroo 1 000055-11173-0 00 01 10-2 I SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Oak Park Heights, Minnesota, in the City Hall at 14168 Oak Park Boulevard, until 10 A.M., C.D.S.T., Monday, March 21, 2011, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 1 500,000 Gallon Water Tower No. 2 Rehabilitation In general, Work consists of repainting an existing 500,000 gallon fluted column style elevated reservoir. Provide surfaced preparation, coatings, miscellaneous structural repairs, containment, and all associated work. Bidding Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Room link) for a fee of$60 (for a paper copy), or a fee of$20 (for a download digital copy). Bidders may purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600 with a check for a fee of$60. Bidding Documents may be viewed at the office of the City of Oak Park Heights and at the Issuing Office. The City of Oak Park Heights has included a Bidder Qualification Process which must be received in sealed packaging at the same time as Sealed Bids: 10 A.M., C.D.S.T., Monday, March 21, 2011. 1 Direct inquiries to Engineer's Project Manager Mark Rolfs at(651) 604-4872 or Tim Grinstead at (651) 604-4881. ' Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Eric Johnson, City Administrator City of Oak Park Heights, Minnesota I I I I ADVERTISEMENT FOR BIDS ©2011 Bonestroo 1 000055-11173-0 00 11 13-1 I SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 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: 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 deposit sum, if any, stated in the Advertisement or Invitation 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 authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to the Bonestroo Plan Room, check for the presence of Bidding Documents (including Addendum), and download documents as they become available. Bidder shall regularly check the Bonestroo Plan Room for Addendum or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addendum from Bonestroo. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to ' reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. 1 D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bonestroo Plan Room. I INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13- 1 I ARTICLE 3 - QUALIFICATIONS OF BIDDERS I 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: A. Evidence of Bidder's authority to do business in the state where the Project is located. I B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations i and certifications. 3.03 Bidder Qualification Process: Bidder shall submit the information requested. The City will preclude the issuance of a contract to any firm that does not successfully complete and qualify under the Qualification process. ARTICLE 4- EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,AND SITE I 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). 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 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. I 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing I Underground Facilities at or contiguous to the 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 any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. 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 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, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. I INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-2 1 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical 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 Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the 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 Site to conduct 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 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 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 jthan portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; ' B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; 1 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; 1 D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities)that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; 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 required, and in accordance with the other terms and conditions of the Bidding Documents; INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-3 I G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. 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 I. determine that the Bidding Documents are generally sufficient to indicate and convey I 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 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. ARTICLE 5 - PRE-BID CONFERENCE I 5.01 There will be no Pre-Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent 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 storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. I ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in I 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 than 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 be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 1 8.01 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, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract I 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 successful Bidder fails to execute and deliver I INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-4 t tthe Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other 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 Bidders will be returned. 1 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. 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 t10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND"OR-EQUAL"ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or-equal"items. Whenever it is specified or described in the Bidding Documents that a substitute or"or-equal"item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ' 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. 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 1 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. 1 INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-5 I ARTICLE 13 - PREPARATION OF BID r 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed 111 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. 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. 1 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. 13.06 A Bid by an individual 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. 13.08 All names shall be 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 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 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 Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination II of Alternates or Owner may choose not to accept any Alternate Bids. 1 INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-6 B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. E. Bids will be compared on the basis of the"Adjusted Total Base Bid"and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the"Adjusted Total Base Bid."The Owner may choose to not accept any Alternates Bids. 1 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package 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 package plainly marked on the outside with the notation"BID ENCLOSED."A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10 Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same 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 place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. 1 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 1 INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-7 I 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. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that 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. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an 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 comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. I 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and 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, I qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations 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. This waiver is not intended to restrict Bidder's rights to challenge a Contract 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 1 interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 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 insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. I t INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-8 I IARTICLE 21—SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required I number of unsigned counterparts of the Agreement along 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 I 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. IEND OF SECTION I I I I I I I I I I I I I INSTRUCTIONS TO BIDDERS 111 ©2011 Bonestroo 1 000055-11173-0 00 21 13-9 I ISECTION 00 31 00 IAVAILABLE PROJECT INFORMATION PART 1 GENERAL I1.01 SUMMARY I A. Section Includes 1. Technical Data. I1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their I 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 information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. IB. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: I 1. Report dated November 24, 2009, prepared by KLM Engineering, Inc. entitled "Elevated Water Tank Inspection Report— 500,000-Gallon Capacity Tower Number 2, Oak Park Heights, Minnesota." IPART 2 PRODUCTS Not Used. IPART 3 EXECUTION INot Used. END OF SECTION I I I I I I ©2011 Bonestroo I 000055-11173-0 AVAILABLE PROJECT INFORMATION I 00 31 00- 1 I I ELEVATED WATER TANK INSPECTION REPORT 500,000 GALLON CAPACITY TOWER NUMBER 2 OAK PARK HEIGHTS, MINNESOTA KLM PROJECT MN 2637 pARi , (it3 G TS 1 � m t I i . } .74 n I r 4.111fr' *La By KLM ENGINEERING, INCORPORATED P. O• Box 897 3394 Lake Elmo Avenue North Lake Ebro, Minnesota 55042 651-773-5111 651-773-5222 [faxl 1 I 71 1 I TABLE OF CONTENTS I 1 .0 Project Information _. . . . 3 1 . 2.0 Executive Summary . , 4 111 . . 2.1 Structural Examination Summary , 4 . . , 2.2 Coating Evaluation Summary . , 4 . 2.3 Repair and Reconditioning Cost Estimate . . 5 2.4 Remaining 'Tank Life . . . 5 . . 3.0 Recommendations .. , 6 . . . 3.1 Interior Wet Structural . 6 I , , 3.2 Interior Wet Coating .. , 6 . . . 3.3 Cathodic Protection System . 7 , 3.4 Interior Dry Structural. . 7 . 3.5 Interior Dry Coating . 7 111 3.6 Exterior Structural .. 8 . . . 3.7 Exterior Dry Coating . - 8 I 3.8 Site and Environmental Considerations 8 , .. 3.9 Antenna Considerations . . 9 4.0 Inspection and Evaluation Methods . 9 . . • 4.1 Methods . . o . 4.2 Examination and Evaluation Techniques 1 0 . , 5.0 Engineer's Cost Estimates . , 13 1 Appendix A: Photographs Appendix 13: Drawings I Appendix C: Surface Preparation Rcquirentents I I I 1 I 1.0 Project Information IIs:LM Project No.: MN 2637 Customer P. 0. Number: Customer: Oak Park Heights. MN Phone; 651-439-44:j9 IStreet/City/State/Zip: 14168 0 tk Park Ileizhis Blvd, Oak Park Ileights, MN. 55082 Customer Contact: Andrew 1:e:do I Tank Owner: Same Tank Owner Contact: Same Phone: Same I Owner's Tank Designation: Tower Number ' Tank Description: 500 \1(i 11dropillar Tank Location (Street/City/S(ate/Zip): 58th Street & Nord Ave, IPurpose of Inspection: 'lank examination & interior& exterior coating evaluation by ROV Date of Inspection: October 2. 2009 I Inspected By: "Isype of Inspection: Rod Ellis, NACE 4 1686: Dave Montuomerv. NACE 4 18014 RO'v I Manufacturer: PDM Serial No.: 451056 Construction Date: 1991 Design Code:_ AWWA D-100-86 Capacity: 500. 000 gallons I Type of Construction: Welded Number and Size of Pilasters/Support Columns: Orle (1 ) fluted support_column I Tank Diameter: 11 eigh t: 0-fet Overall 135' Shell N A I Height to: 11W1„, 125' LWI., Type of Access to Tank Interior: Dr‘\Yell tube and roof manykay 90" Tank Construction Drawings: N,A — IPrevious Inspection Records: None EXISTING COATING INFORMATION IINTERIOR W ET rtil ERIOR DR' EXTERIOR Date Last Coated 1091 1991 1919 _ I Full or Spot Repair Shop primer Shop primer _Shop primer Coating Contractor PDM —PLA1 HMI - I Surface Preparation P-10 SP-1 Paint S■stem _ Epc).xy 0 SP-10 1:pox v lippx■,urethane , I Paint Manufacturer i Tleillt:e lnem .c_ Lab Lead 1 est Paint Chips No k.. NO 1nel-flee No I I 2.0 EXECUTIVE SUMMARIES ' 2.1 Structural Examination Summary 111 Based on the inspection data. it appears that sonic miscellaneous structural modifications and repairs are required, These modifications and repairs sere to bring the tank into compliance with ()SHA regulations, AWWA standards. as well as allow for better coating bonding. allow for safer access in and on the tank arid, in some cases. removing unnecessary items, 2.2 Coating Evaluation Summary 4 1 2. .1 Lead and Chromium Content.Analysis I`he total lead and chromium content of the interior and exterior coatings was not analyzed as part of this contract. 'The Coatings applied in 1991 should be relative!) free of lead and chromium. 2.12 Interior Wet Coating Hie tank was built and last coated in 1991 hy pittshureh-Des Moines "rank (PDM) and the coating is now 18 years old. The tank will require a complete new interior coating, within 2 to years. A properly, applied and maintained immersion service epoxy coating should provide 15 to 20 years of service, 1"he coating is Bailing, apparently= due to age and ice damage. l'he lower 1/3 of the tank coating has random and minor blistering. 1 hese blisters may be filled with water and indicate that major coating failure is imminent. See photos in Appendix A and R(_lV tiidco. Interior U11" CU"itmllL! The tank was built and last coated in I 99 by Pittsburgh-Des Moines I ank (PDM► and the coating is now 18 years old. i he coaling on the dr\well tube and hotel (inside the support column) is in lair to poor condition and wilt require replacement within 2 to )ears. Ihis area is referred to as the sweatine portion of the interior dry. i lie coating on the non-sweating portion of the interior dry (fluted 1 support column and stit`Ienersl is in fair to condition. with only to 5 percent coating failure !he coating requires no repairs al this tune, and should he repaired in 2 to 3 years concurrently with inleritu '.yet Ct..ttirtL? replacement. 1 I 2.2-.4 Exterior Drx C oatin12 he tank \\a` built and last coatd in 1991 by Pittburgh-l)es ;Moines Ii I ank i I'DM i and the ei gating is now 18 years old. Due to age, brittleness, chalking, and deteritiration, the exterior coating can not he repaired. It should be removed and replaced with a zinc primer. epoxy intermediate coat and a urethane finish coating system, similar to those manufactured by the i nemec Company. See photos in Appendix A. phis should be done within 2 to 3 years. is inure cost effective to remove the exterior rued the interior coating Iii at the same time. 2.3 Repair and Reconditioning Cost Estimate I he costs for structural repairs, replacing the interior and exterior coatings (including the containment) are estimated at S439.675.00. This estimate is based on current pricing. For up-to-date competitive bids the project should be hid 9 to 12 months before the scheduled starting date. ' An experienced tank-coating contractor with the proper crew and equipment should he able to complete the project in h weeks. At the time of reconditioning, the toyer will need to he drained and remain off-Line during interior structural modifications. abrasive blasting and painting. However. most of the exterior structural modifications can be performed prior to draining. with the tank in-service_ 2.4 Remaining Tank Life Based on the inspection data, if the recommended structural repairs and coating replacement are completed within the next 2 to 3 years. the tank will he satisfactory for continued service provided that it i,s inspected and maintained regularly. the tank and coating should first he inspected within the warranty period and every three to live years thercalter. New interior and exterior coatings, if applied and maintained pr opetly. should last 15 to 20 years. t I i r 3.0 RECOMMENDATIONS eased on an evaluation of the inspection data. the recommendations are' 3.1 Interior \Vet Structural 1,1,1 Seal weld he inside of the "pint between the roof plate and the access manway. ventilation manways (2) vent, Seal I.veld the inside of the dollar plate butt joint. These welds will prevent rust streaking and corrosion in areas inaccessible to paint. See photos 2 through 4. 3.1.2 Seal weld all thirty (30) bolted roof-ratter connections at the center compression ring with V4-inch fillet weld. After welding, remove all nuts and bolts. This will conform to AW WA 1)100-05. See photo 3, 1,3 To prevent rust streaks and corrosion, caulk the lapped plate joint between the roof plates and the center compression ring section with urethane caulk. See photos 2 and 4. 3,1.4 Cathodic Protection (see 3.3). 3.1.5 Remove the interior ladder attached to the dryw,ell tube. It has been damaged by ice and is a safety hazard. See photos 16 and 17. 3.1.6 Remove all erection bracket scab marks and weld spatter below the 11WL by air arc gouging. cutting torch, or grinding. There are approximately 150 erection bracket scab marks, Repair the tank surface by welding and grinding. this will comply with AWWi\ 111 D100-96. This work will require approximately 50 man-hours. 3,1,7 Replace the one ( I ). 24-inch round manway gasket located in the tank bowl and the one (1 ) 18-inch oval manway gasket located in the drvwell tube. See photos 25 and 26. 3.1*8 Urethane caulk the annular space between the shell rim angle and the roof plates. 1 he roof plates are only welded on the exterior and this caulking will protect the back side of that weld from corrosion due to roof condensation. See Photos 5_ 6 and 7. 3.2 Interior Wet Coating 3 2,1 The tank was built and last_coated in 1991 by Pittsburgh-Des Moines lank (PD1■1) and the coating is 110W I 8 years old. ( be tank i l l require a complete new interior coating within 2 to cw s A properl ipplied and maintained immersion er\ice epox , e,lating should provide 15 to 20 years of sere ICC I 1 7 2:z. The coating k failing,. apparently due to ace and ice damage. l`he lower 1/3 of the tank coating has random and minor blistering. 1 hese blisters may he filled with eater and indicate that major t coating, failure is imminent. See photos in 2 through 20 and ROV video. ' 3.3 _Cathodic Protection Svstcm (C. P. I 3.3.I The current conditions observed on the interior :pct surfaces suggest that the submerged C. P. system is not working correctly, Because of detects in the coating. the C. P. system should he maintained and ' operated properly to pre ent further tank corrosion and pitting. 3,=3 Interior Dm Structural 14.1 Replace the 3 or 4 broken and'`or burnt out light bulbs and globes on the light fixtures on the interior of the dry riser. Sec photo 28. 3,4,2 Replace approximately six (ti) antenna coaxial cable expansion style support brackets with \veldt:if in place brackets.. See photos 21 and 22 and K l,M Drawing No. 42. 3.4.3 Install a cable style satety climb device on the ladder to the bowl manes ay. See photo 20.. 3,4.4 Install a small diameter hinged co\er hatch or hanged bolted cover hatch in the flour of the dry well tube to accommodate the exterior containment raise lower cable, See photos 27 and 30. 3.4.3 Additional structural items are included in Section 3.9. Antenna Considerations. as they relate to the antenna installations on the tower. ' 3.5 Interior Dry Coating f'he tank was built and last coated in 1991 91 by Pittsburgh-Des Moines lank (11)M) and the coating is now 1$ years old. 1,5 2 I he coating on the diy tube and bowl ("inside the support column) is in fair to poor condition and will require replacement within 2 to .5 'cars. I Iris area is refer-led to as the sweating portion 01 the interior .1rv. See photos 21 throuch 27 and a 3,3.3 i he coating on the non-sweating. portion of the interior dry t iiutecl �upoort column and stiffeners) is in lair to good conditior. ∎Kith 0ni> 2 to 5 percent coating failure. i Ile coating requires no repairs at this tulle. and should he repaired in 2 to 3 yea's ions nrently 1i`ith interi or Wet coating replacement. See photo d rough _� , S 3.6 Exterior Structural 1 3.6.1 Replace the evistingvent and overflow pipe screens with a corrosion- resistant, heav v-gauge Y4 mesh screen. the existing vent screen has too line a mesh which could freeze up and cause the tank's roof to collapse if a vacuum develops inside the tank if for example, when the water level drops during accidental overflow/significantly reduce the venting capacity of the tank. See photos 33 and 36, 3,6.2 Install one ( 11, 24-inch diameter round, hinged cover. roof ventilation man ways. approximately 181) degrees from the existing roof ventilation nianway. See photo 34. This will prov=ide additional ventilation during the interior surface preparation and coating and should bring the tank into compliance vnith OSHA Conlined Space Entry requirements. See KLM Drawing No. 5. 1 3.6.3 To prevent trespassing. install a padlock on the roof access manway. See photo 33. The cost of a new lock is not included in the Engineering Cost Estimate. 3.6.4 one of the aviation obstruction light bulbs is burnt out in the old style aviation obstruction light fixture.. Because replacement parts are no longer available for this style obstruction light we recommend to replace this fixture with a new 1,1'I) style fixture. Install the new obstruction light on the roof handrail. x,6,7 Remove the two (2). 2.5-inch rigging couplings in the roof. Seal weld inside and outside repair plates over the openings, See photos 2. 33 and KLM Drawing xo, 4. 3.7 Exterior Dry Coating 37.1 The tank was built and last coated in 1991 by Pittsburgh-[)es Moines lank (P1)M) and the coating is now 18 years old, 3.7.' l)ue to age, brittleness, chalking, and deterioration. the exterior coating can not he repaired, It should he removed and replaced with a zinc primer. epoxy intermediate coat and a urethane finish coating system, similar to those manufactured by the "I nemec Company. See photos 33 through 40 in Appendix A l his should he done within to _? ■cars 3.8 Site and Environmental Considerations 3,8,,1 [he site includes the tank. and punlphouse in a 200-loot by 00-loot 1 opera areas, lhe site is bordered surrounded h■ trees/pow e.- lines''houses=apartntents and commercial propert}. 1 1 1 ") 3,8,2 In conformance with Minnesota State Rides for air qualit■ and control of dust and fugitive emissions a "Risk Factor tRI I" analysis has been performed to determine the class of pollution control required for this storage structure during, reconditioning lJ- is the calculation of potential risk tot the structure. and the. clue it the I table: of subpart 3 (of the standard) 1.tre. the standards of risk factor llr the (surroundintl) designated properness- The class of pollution control required for compliance with the rules is ('.lass 2: this includes full containment. impervious L,rour►d cover, a top cover or bonnet and negative air dust collection 3.9 Antenna Considerations 3,9.1 The toyer has some antennas, coaxial cables. support brackets. and other miscellaneous equipment, Working around and protecting these items during reconditioning will incur additional expenses by the contractor. "[he antenna owner should he responsible for these expenses under clauses) in the antenna lease agreement. These costs are not included in the Engineer's Cost Estimate. as they vary considerably from tower to tower. 3,9,2 Prior to reconditioning, in accordance with the lease requirements of each antenna owner. the City of Oak Park I[eights should notify the antenna owners of the work to be performed. The City should also determine whether: a) the antenna owners will pay the additional costs to work around and protect the antennas: b) the antenna owners 1 will temporarily remove their antennas and associated equipment to facilitate reconditioning: or c)the C_'ity of Oak Park I leights will have to pay for these costs themselves., _■.'-L As directed by the Engineer. seal weld antenna mourns and other support brackets to the roof hand railing. See photo, 34, Relocate antenna coaxial cable runs from between the interior dry° flutes and plattbrm stiffeners to messenger support pipes and cluster mounts attached to the outside of the platform stiffeners. See photo 31, 4M INSPECTION AND EVALUATION ATION METHOD` ' �onie or all of the following procedures were performed as applicable, ' 4.1 Method 4. 1.I I he tank was evaluated on the interior and eytetior in contormancc with the Full ■ t. K i l 1 n`ineer►n , Irrc. Prop oscal. I It, b General guidelines of AWWA Manual M42 Appendix C -inspecting and Repairing Steel Wafter Tanks. and Elevated Iryanks for Water Stor°age.', h l,M "Procedures and tjuidelines for Inspecting Existing Steel and Concrete \k uter Storage Tanks" metal and coating` on interior and exterior �.l .` l he inspection of the base metal c surfaces included only areas accessible without scaffolding or special rigging. Where possible. the base metal and coating on the interior vet surfaces «=ere examined from a rubber rail while the tank was being drained, 4.1.3 Tank plate thickness was measured at random locations on the liquid holding shell. The overall structural condition of the tank was isuall\ examined, 4,1A do structural analysis Was done to determine if the tank design complies %.ith the AWWA I}100-96 Standard for "Welded Steel Ranks for Water Storage." l-lowe\er, any observed non-conformance to the AWWA 1)100-96 standard is noted in this report. 4,1 .5 Although compliance with ()SI IA regulations was not a part of this inspection. any unsafe conditions or violations of current OSHA regulations that were observed are noted in this report. I 4.2 Examination and Evaluation Techniques Some or all of the following procedures were performed as applicable, 4.2.1 Site I [he lank site was evaluated for proper drainage, conditions affecting access and lead paint abatement during reconditioning. Also. the following site dimensions were obtained distance to fence(s). power lines. in nc_r buildings, public property, private proper?}'/buildings. schoul'playgrounds. public parks and ,ether property, I I 1 ' 11 4..2.2 Foundations he tank concrete foundation Was \isu.►lly examined tr cracks. II spalling, condition of grout. indications of distress/settlement, and eleti anon above grade. Tank Plate 'Thickness Plate thickness measurements were taken using ultrasonic methods (t.t'i`NI) the readings were taken using a digital readout Nova I)- 100 t'Itrasonic Thickness (_gage that has a dual element probe (transducer). The probe's transmitter element sends a short ultrasonic pulse to the material. The pulse, reflected as an echo Boni the opposite side of the plate, returns to the probe's receiver element, The round trip time is directly related to the material's thickness. 4.2. l Coating,.Thickness Interior and exterior coatings, where accessible. were tested in accordance with Steel Structures Painting Council SSPC-PA -S2 "Measurement of Dr\ film Thickness NN h Magnetic Gages." using PosiTector-6000-1 I Type 2 magnet flux gages a ith a fixed probe. 1 4.2,3 Coating Adhesion Adhesion testing of the coating to the steel was performed by AS 1 M 1)3359: Shear Adhesion Test. Measuring Adhesion by Tape est. in addition. a subjective coating adhesion evaluation was performed using a penknife. 1 1 1 i I 1 I 2 1 4.2.6 Coating ( ure 1 he cure of the Ulterior wet coating as evaluated by \S1 \l 5402-93 Standard Practice for Assessing the Solvent Resistance of Organic Coatings !sing Solvent Rubs and/or with the manufacturer's recommended field method industry standard procedures. 4,2,7 Coating Serviceability The estimated remaining coating life or serviceability evaluation WaS performed using a wide variety of inspection instruments such as dry film thickness gauue, pen knife, 1 ooke gauge. adhesion tester(s). 30x microscope and serviceability evaluation experience (minimum experience It) years i. I he instrument inspection was combined with a close visual inspection of all the interior coating's accessible areas. This was done to detect any holidays (misses), skips, runs, sags. surface contaminants. overspray. dry spray. poor coating cohesion, inter-coat delamination loss of adhesion to the substrate. adverse conditions of the steel underneath the coating, or an other defects affecting the intended service. 4:2 8 Coating I cad and Chromium Content Analysis Samples vs.'ere not taken of the various types of coatings present on the interior and exterior surfaces, I 1 I I SO Engineer's Cost Estimates Ii he following cost estimate is based on a construction schedule of 8 weeks. I his cost estimate does not Include the costs for installing lettering and'ur a logo. or multiple colors, .1n updated Engineer's 1.. ost Estimate should he obtained ithin 12 months prior to bidding the project. 5,1 Interior Wet Structural Repairs $19.800,00 S 2 Interior \Vet Coating Complete Replacement $96.000.00 . .- Coating 1 1' byre of Coating - Epoxy S■stem 5.3 Interior 1)ry Structural Repairs $4_.750.U() ' 5.4 Interior Dry Coating Spot Replacement and Repair 539. 75.(lO 1 a pe of Coating - Lpox\ S)stent I5.5 Exterior Structural Repairs S30.200.00 5.6 h:Hterior Coating Complete Replacement " S183.350.00 I vpe of Coating - Epoxy l.'rcthane 5)stem 5.7 Mobilir.ation SI5.ODU.OU ' 5,8 Engineering Specifications and Inspection Fee 551.200.00 5.9 Estimated Total Cost 5439,675.00 5,I U Additional Estimated Antenna Costs S25.000.O * Includes cost for containment, KI 'lI I-N( 1NI.i IZINC . INC. ReporLpreparcd and certified h. / /7 7' ,f.y Jack R. Kullitler Principal ;A ,soeiate l'reridcnt N At, t: C'ertitied Coatings atings Inspector No. (>k) llatc v ember 24. 2009 I ',I1,'.rvr 1.cdi;riui 'l>in.4,uii i %t),If ':i1.1 1e IAN "1_i?! I' s 1 APPENDIX A , PHOTOGRAPHS , 1 1 1 1 1 1 1 I ISECTION 00 01 05 PROFESSIONAL CERTIFICATIONS II hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. 1�1Y�I ark}}}VVV/// 111VVVIIE1�VV/ Mark R. Rolfs, PE Date: March 10. 2011 License #16722 IEND OF SECTION I I I I I 1 I 1 I PROFESSIONAL CERTIFICATIONS 000105- 1 ©2011 Bonestroo 1 000055-11173 0 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 31 00 Available Project Information 00 41 10 Bid Form Bidder Qualification Process Contracting Requirements 00 52 10 Agreement Form 00 61 13.13 Performance Bond 00 61 13.16 Payment Bond 00 72 05 EJCDC C-700 Standard General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP I GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 10 00 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Execution Requirements Division 09 - Finishes 09 91 55 Repainting Water Storage Facilities Division 26 - Electric 26 42 00 Cathodic Protection Division 32 - Exterior Improvements 32 92 00 Turf and Grasses Division 33 - Utilities 33 01 16 Steel Water Reservoir Repairs TABLE OF CONTENTS ©2011 Bonestroo I 000055-11173-0 00 01 10-1 I Drawings I Figure 1 Location Plan Figure 2 Site Plan Figure 3 Tower Elevation Figure 4 Tower Name Sign Scheme END OF SECTION 1 I a I l I r L I 1 l I I 1 I TABLE OF CONTENTS ©2011 Bonestroo 1 000055-11173-0 00 01 10-2 1 I SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Oak Park Heights, Minnesota, in the City Hall at 14168 Oak Park Boulevard, until 10 A.M., C.D.S.T., Monday, March 21, 2011, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 1 500,000 Gallon Water Tower No. 2 Rehabilitation In general, Work consists of repainting an existing 500,000 gallon fluted column style elevated reservoir. Provide surfaced preparation, coatings, miscellaneous structural repairs, containment, and all associated work. Bidding Documents may be purchased by credit card at www.bonestroo.com f ( ollow the Plan Room link) for a fee of$60 (for a paper copy), or a fee of$20 (for a download digital copy). Bidders may purchase a paper copy of the Bidding Documents from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600 with a check for a fee of$60. Bidding Documents may be viewed at the office of the City of Oak Park Heights and at the Issuing Office. The City of Oak Park Heights has included a Bidder Qualification Process which must be received in sealed packaging at the same time as Sealed Bids: 10 A.M., C.D.S.T., Monday, March 21, 2011. Direct inquiries to Engineer's Project Manager Mark Rolfs at(651) 604-4872 or Tim Grinstead at (651) 604-4881. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. 1 The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Eric Johnson, City Administrator City of Oak Park Heights, Minnesota I I I I ADVERTISEMENT FOR BIDS ©2011 Bonestroo 1 000055-11173-0 00 11 13- 1 I SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 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: 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 deposit sum, if any, stated in the Advertisement or Invitation 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 authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to the Bonestroo Plan Room, check for the presence of Bidding Documents (including Addendum), and download documents as they become available. Bidder shall regularly check the Bonestroo Plan Room for Addendum or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addendum from Bonestroo. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to to verify proper (color, and Electronic the Documents Documents prior reproduction. Bidder shall ensure that he Bidd ng a re reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Bonestroo Plan Room. I INSTRUCTIONS TO BIDDERS 00 21 13 1 ©2011 Bonestroo 1 000055-11173-0 I ARTICLE 3 - QUALIFICATIONS OF BIDDERS 1 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: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations I and certifications. 3.03 Bidder Qualification Process: Bidder shall submit the information requested. The City will preclude the issuance of a contract to any firm that does not successfully complete and qualify under the Qualification process. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). 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 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 existing I Underground Facilities at or contiguous to the 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 any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. 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 111 the"technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General 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, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. INSTRUCTIONS T ©2011 Bonestroo 1 000055-11173-0 TO BIDDERS 002113-2 I 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical 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 Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the 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 Site to conduct 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 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 i nature of other work that is to be performed at the 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 submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; rB. visit the Site and become familiar with and satisfy Bidder as to the general, local, and 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 Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities)that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding fDocuments; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, 1 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 required, and in accordance with the other terms and conditions of the Bidding Documents; INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-3 I G. become aware of the general nature of the work to be performed by Owner and others at the Site I that relates to the Work as indicated in the Bidding Documents; H. 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 I. determine that the Bidding Documents are generally sufficient to indicate and convey I 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 Bidder has 111 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 I conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE I 5.01 There will be no Pre-Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the I Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. I ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in I 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 than 10 days prior to the date for Opening of Bids may I not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by I Owner or Engineer. ARTICLE 8 - BID SECURITY U 8.01 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, bank money order, or a Bid Bond I issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract I 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 successful Bidder fails to execute and deliver I ©2011 Bonestroo 1 000055-11173-0 INSTRUCTIONS TO BIDDERS 00 21 13-4 1 Ithe Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The I Bid Security of other 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 Bidders will be returned. 1 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. IARTICLE 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 Ito be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 1 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. IARTICLE 11 - SUBSTITUTE AND"OR-EQUAL"ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or-equal"items. Whenever it is I specified or described in the Bidding Documents that a substitute or"or-equal"item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. IARTICLE 12 - SUBCONTRACTORS, SUPPLIERS,AND OTHERS I 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 I 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 I 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 I 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. 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 I 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. I12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. I INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-5 t ARTICLE 13 - PREPARATION OF BID , 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price 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. 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. I 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. 13.06 A Bid by an individual 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. 13.08 All names shall be printed in ink below the signatures. I 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. I 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 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 Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS I 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. I INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-6 r ' B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. E. Bids will be compared on the basis of the"Adjusted Total Base Bid"and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the"Adjusted Total Base Bid."The Owner may choose to not accept any Alternates Bids. 1 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. IARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package 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 package plainly marked on the outside with the notation"BID ENCLOSED."A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10 Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same 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 place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE I INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-7 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 I 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. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that 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. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an 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 comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 1 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and 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, I qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and 111 their employees and agents which arise out of or relate to such investigations 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. This waiver is not intended to restrict Bidder's rights to challenge a Contract 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 1 interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth I Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. I i INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-8 I ARTICLE 21—SIGNING OF AGREEMENT 1 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along 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. END OF SECTION I 1 I 1 1 I 1 1 I I 1 I INSTRUCTIONS TO BIDDERS ©2011 Bonestroo 1 000055-11173-0 00 21 13-9 r rSECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL r1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA rA. 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, r and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. ' B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated November 24, 2009, prepared by KLM Engineering, Inc. entitled"Elevated Water ' Tank Inspection Report— 500,000-Gallon Capacity Tower Number 2, Oak Park Heights, Minnesota." IPART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION r r r r r rAVAILABLE PROJECT INFORMATION 003100- 1 ©2011 Bonestroo 1 000055-11173-0 1 I IELEVATED WATER TANK INSPECTION REPORT I590,000 GALLON CAPACITY TOWER NUMBER 2 IOAK PARK HEIGHTS, MINNESOTA KLM PROJECT MN 2637 I P A Ric 1GHIS I . - . ; . ; VI we ea Jr- 1 ..f I • IBy KLM ENGINEERING, INCORPORATED IP. O. Box 897 3394 Lake Elmo Avenue North Lake Elmo, Minnesota 55042 I651-773-5111 651-773-5222 [fax i I I ? 1 I TABLE OF CONTENTS I 1 .0 Project Information , . . . . 3 1 . 2.0 Executive Summary . . . . 4 2.1 Structural Examination Summary . . 4 . 2.2 Coating Evaluation Summary . . 4 . 2.3 Repair and Reconditioning Cost Estimate . 5 2.4 Remaining Tank Life . . 5 . . 3.0 Recommendations . . . 6 . , . 3.1 Interior Wet Structural . 6 I . 3.2 Interior Wet Coating .. 6 . 3.3 Cathodic Protection System . _. 7 3.4 Interior Dry Structural. . . 7 . 3.5 Interior Dr Coating . . . 7 1 3.6 Exterior Structural . 8 . . , 3.7 Exterior Dry Coating . . . . 8 , 3.8 Site and Environmental Considerations . 8 3.9 Antenna Considerations 9 4.0 Inspection and Evaluation Methods . . , . 9 . 4.1 Methods () 4.2 Examination and Evaluation Techniques 10 5.0 Engineer's Cost Estimates . , I 3 I , Appendix A: Photographs Appendix B: Drawings IAppendix C: Surface Preparation Requirements I I I 1 I I 1.0 Project Information IKLNI Project No MN 2637 Customer P. 0. Number: Customer: Oak Parl, Nei ihts. MN Phone: 651-439-4430 IStreet/City/State/Zip: 14168 Oak Park !It:iglus Blvd. Oak Park Ilenibts MN. 55082 Customer Contact: Andrew KeeleN I Tank Owner: Same Tank Owner Contact: Same Phone: Same ___ I Owner's Tank Designation: Tank Description: lower Number 2 500 NIGI 1 IN dropillar Tank Location (Street/City/State/Zip): 5814 Street & Norrel A‘e. IPurpose of Inspection: 'lank examination & interim & exterior coatinu eN aluation k ROV Date of Inspection: October 2. 2009 IIrnysipmecotfeidnB:p.:ection: 1R2k: 1‘,17.11is. NACE .4 1686: Dave hlontgomen, NACE 4 18014 I Manufacturer: PIA1 Serial No.: 451056 . , Construction Date: 1991 , Design (ode: _AV,V.,A D-100-86 Capacity: 500. 000 oalions IType of Construction: Welded Number and we of Pilasters/Support Columns: one (1 ) fluted support column I Tank Diameter: Height: 50-Ceet Overall 135' Shell N A I Height to: Type of Access to Tank Interior: 11\kl, 125. iv,:i.. 90' Drs well tube and roof manwa Tank Construction Draw ings: N A IPrevious Inspection Records: None EXISTING COATING INFORMATION IINTERIOR WET INTERIOR DRY EXTERIOR Date Last Coated 1991 1991 1919 I Full or Spot Repair Shop pi imcr Shop_primer Shop primer Coating Contractor PDM PDN1 PDM _ _ I Surface Preparation 10 ait stem SP-10 SP- -1 )0..\ I pox■ 51' 10 Pn S' A Lpor N,urethane I Paint Manufacturer Inemee Inemee Lab Lead 1 est Paint (' tips No No Inemee No I I 4 2.0 EXECUTIVE SUMMARIES 2.1 Structural Examination Summan' Based on the inspection data, it appears that some miscellaneous structural modifications and repairs arc required. These modifications and repairs serve to bring the tank into compliance with OSHA regulations. AWWA standards. as well as allow for better coating bonding. allow for safer access in and on the tank and. in some cases. removing unnecessary items. 2.2 Coating Evaluation Summary Lead and Chromium Content Analysis the total lead and chromium content of the interior and exterior coatings was not analyzed as part of this contract. The Coatings applied in 1991 should be relatively free of lead and chromium. 2.2.2 Interior Wet Coating ihe tank was built and last coated in 1991 by Pittsburgh-1)es Moines "lank (PDM) and the coating is now 18 years old. The tank will require a complete new interior coating within 2 to 3 years. A properly applied and maintained inunersion service epoxy coating should pros ide 15 to 20 years of service. 'Ihe coating is failing. apparently due to age and ice damage. Ihe lower 1/3 of the tank coating has random and minor blistering. These blisters may he tilled with water and indicate that major coating failure is imminent. See photos in Appendix A and ROV video. 2.2.3 Interior Dry Coatinc The tank was built and last coated in 1991 by Pittsburgh-Des Moines Tank (PDM) and the coatine, is now I 8 years old. Ihe coaling on the drywell tube and howl (inside the support column) is in lair to poor condition and will require replacement within 2 to years. l'his area is referred to as the w catinu portion of the interior dry,. I he coating on the non-sweatino. portion of the interior dry (timed support column rod sidienersi is in lair to i2ood condition. with only to 5 percent coating failure, I he coating requires no repairs at this 0111e, and should he repaired in 2 to 3 years concurrently Vkith interiiq ssei coaling replacement. 2.2.4 Exterior 1)n, Coating 1 he tank Was built and last coated in 1991 by Pittsburgh-1)es Monies fank (P1)M and the coating is now 18 :\ears old. D Likf. to age. brittleness, chalking, and deterioration, the exterior coating can not he repaired. It should be removed and replaced with a zinc primer. epoxy intermediate coat and a urethane finish coating sy stern. similar to those manufactured by the I nemec Cotnpam. See photos in Appendix A. phis should be done within 2 to 3 years. Iii is more cost effective to remove the exterior and the interior coating tt the same time. 2.3 Repair and Reconditioning Cost Estimate Fhe costs for structural repairs. replacing the interior and exterior coatings (including the containment) are estimated at $439.675.00. This estimate is based on current pricing, For up-to-date competitive bids the project should be hid 9 to 12 months before the scheduled starting date. An experienced tank-coating contractor V1ith the proper crew and equipment should he able to complete the project in 8 weeks, At the time of reconditioning, the tower will need to be drained and remain off-line during interior structural modifications. abrasive blasting and painting. However. most oi the exterior structural modifications can be performed prior to draining. with the tank in-service. 2.4 Remaining Tank Life Rased on the inspection data. tithe recommended structural repairs and coating replacement are completed within the next 2 to 3 years, the tank will he satisfactory for continued service provided that it is inspected and maintained regularly. I The tank and coating should lirst be inspected within the warranty period and eNery three to tie years thereafter. New interior and exterior coatings. if applied and maintained propel ly, should last 15 to 20 years, I I 1 3.0 RFC'OMMkNt)ATIONS ' Based on an evaluation of the inspection data, the recommendations arc' 3.1 Interior Wet Structural 3:1.1 Seal weld the inside of the joint between the roof plate and the access manway. ventilation manways (2) vent. Seal weld the inside of the dollar plate butt joint. These welds \vill prevent rust streaking and corrosion in areas inaccessible to paint. See photos 2 through 4. 1 3,1.2 Seal weld all thirty (30) bolted root-ratter connections at the center compression ring with `/-inch fillet weld. After welding. remove all nuts and bolts. This will conform to A W WA 1)100-05. See photo 3. 3.I ,3 To prevent rust streaks and corrosion, caulk the lapped plate joint between the roof plates and the center compression ring section with urethane caulk. See photos 2 and 4, ' 3,1.3 Cathodic Protection (see 3.3 . 3.1.5 Remove the interior ladder attached to the dry=well tube. It has been damaged by ice and is a safety hazard. See photos 16 and 17. 3.1.6 Remove all erection bracket scab marks and weld spatter below the 1W'L by air arc gouging, cutting torch, or grinding. There are approximately 15() erection bracket scab marks. Repair the tank surface by welding and grinding. This will comply with AWWA D100-96. This work will require approximately 50 man-hours. 3. 1.7 Replace the one ( 1 ), 24-inch round manway gasket located in the tank , bowl and the one (1 ) 18-inch oval manway gasket located in the drvwell tube. See photos 25 and 26, 3.1.8 [)rethanc caulk the annular space between the shell rim angle and the root plates. The roof plates are only welded on the exterior and this caulking will protect the hack side of that weld from corrosion due to roof condensati ►n. See Photos 5. 6 and 7. 3.2 Interior Wet Coating 1 3 2,1 Fite tank was built and last coated in 1991 by Pittsburgh-Des Moines Tank t P[)M) and the coating= is now 1 R \ears old. ,2 I'he tank w ill require a complete new interior coating within 2 to rears. A properly applied and maintained immersion tier\ice epo coating should provide 15 t o 20 years of sets ice. I I 7 2 7., [he coating is failing, apparently' due to age and ice damage. Ihe lower I R of the tank coating has random and minor blistering, 1 hese blisters may be filled with \kater and indicate that major coating failure is imminent. See photos in 2 through 20 and ROV video, 3.3 Cathodic Protection System (C. P.) I 3,3,I The current conditions observed on die interior wet surfaces suggest that the submerged C. P. system is not working correctly. Because of defects in the coating. the C, P. system should be maintained and operated properly to prevent further tank corrosion and pitting. 3.4 interior Dry Structural 3,4,1 Replace the 3 or 4 broken and/or burnt out light bulbs and globes on the light fixtures on the interior of the dry riser. Sec photo 28. 3.4.2 Replace approximately six (6) antenna coaxial cable expansion style support brackets with Wekkki in place brackets. See photos 21 and 22 and KI,M Drawing No. 42. 3,4.3 install a cable style safety climb device on Ole ladder to the bowl manway. See photo 26. 3.4,4 Install a small diameter hinged cover hatch or Ilan:led bolted co cover hatch in the floor of the dry well tube to accommodate the exterior containment raiselower cable. See photos 2,7 and 3(1, Additional structural items are included in Section 3_9. Antenna Considerations, as they relate to the antenna installations on the 10\ker. 3.5 Interior 1)r Coating 1 I-he tank was built and last ck.iated in 1991 by Pittsburgh-1)es Moines ank PDM) and the coating is no 18 years old. 2 Hie coating on the dry well tube and bowl (inside the support column) is in kin to poor oThdition and will require replacement within 2 to 3 y eai I his area is referTed to as the sweating porti+In of the interior dry, See photos 21 through 27 and 30 ',.5.3! Hie coating on the non-sweating portion of the interior dry (Owed support column and stiffeners is in lair to good condition, -with only 2 to 5 percent coating alure, Ihe coating requires no repairs at this bine. Ind should he repaired in 2 to 3 years coneurrentl■ c ith interior vet coating replacement. Sec photos 2,S through 1 3.6 Exterior Structural 16.1 Replace the existing vent and overflow pipe screens with a corrosion- resistant. heavy-gauge 44 mesh screen. The existing vent screen has too fine a mesh Vv hie)) could freeze up and cause the tank's roof to collapse if a vacuum develops inside the tank if for example, when the water level drops during accidental overflow/significantly reduce the venting capacity of the tank. See photos 33 and 36. 3.6.2 Install one ( I ), 24-inch diameter round. hinged cover, root'ventilation manways, approximately 180 degrees from the existing roof ventilation manway. See photo 34. Ibis will provide additional ventilation during the interior surface preparation and coating and should bring the tank into compliance with OSHA Confined Space Entry requirements. See KLIVI Drawing No. 25. 1 3.6.3 To prevent trespassing, install a padlock on the roof access manway. See photo 33. 1 he cost of a new lock is not included in the kngineering Cost Estimate 3,6.4 One of the aviation obstruction light bulbs is burnt out in the old style aviation obstruction light fixture. Because replacement parts are no longer available for this style obstruction light we recommend to replace this fixture with a new LED style fixture, Install the new obstruction light on the roof handrail. .3 6.5 Remove the two (2). 2.5-inch rigging couplings in the roof. Seal weld inside and outside repair plates over the openings, Sec photos 2. 33 and KLM Drawing No. 4. 3.7 Exterior Dry Coating 3,7.1 The tank ‘'as built and last coated in 1991 by Pittsburgh-I ks Moines Tank (1)DM, and the coating is now 18 years 1.7.1 Due to age, brittleness, chalking. and deterioration, the exterior coating can not he repaired, It should he removed and replaced with a zinc primer, epoxy intermediate coat and a urethane finish coating system, similar to those manufactured by the Fnernee Company. See photos 33 through 10 in Appendix A.A I his should he done within 2 to 3 years 3.8 Site and En%ironmental Considerations lbe site includes the tank. and pumphiiase in a 200-foot by 20o-foot open area 1 he site is bordered,surrounded by treesipower lines/houses/apartments and commercial propert> 3.8.2 in conformance w ith 'Minnesota State It tiles or air quality and control of dust and fugitive emissions a "Risk Factor I.RI I analysis has been performed to determine the class of pollution control required for this storage structure during, reconditioning, 1“: is the calculation of potential risk for the structure and the \clues in the table of subpart 3 (of the standard) are the standards of risk factor for the (surrounding) designated properties, `I he class of pollution control required for compliance with the rules is {'lass 2: this includes full containment. impervious ground coyer, a top coyer or bonnet and negative air dust collection 3.9 Antenna Considerations 3.9.1 The toyer has some antennas, coaxial cables, support brackets_ and other miscellaneous equipment. Working around and protecting these items during reconditioning will incur additional expenses by the contractor. The antenna oWner should he responsible for these expenses under clauses) in the antenna lease agreement. These costs are not included in the Engineer's Cost Estimate, as they vary considerably from tower to tower. . .`t.? Prior to reconditioning, in accordance with the lease requirements of each antenna owner. the City of Oak Park ''eights should notify the 1 antenna owners of the work to he perlornied. The City should also determine whether: a) the antenna owners will pay the additional costs to work around and protect the antennas: b) the antenna c>Wners will temporarily remove their antennas and associated equipment to facilitate reconditioning; or c)the City of Oak Park I'eights will have to pay for these costs themselves. 3.9.3 As directed by the F'ngirieer, seal weld antenna mounts and other support brackets to the roof hand railing. See photo 34, Relocate antenna coaxial cable runs from between the interior dr) flutes and platform stiffeners to messenger support pipes and cluster mounts 1 attached to the outside of the platform stiffeners. See photo 31. 4M INSPECTION AND EVALUATION METHODS Some or all of the following procedures were performed as applicable. ' 4.1 Methods 4. 1.I The tank was c.aluiated on the interior and extet tor in ccfflIormancae with the fiollow ing: K I \l I nr ineer tog. Inc. Prot' ,sal I 1(1 b General guidelines of AWWA Manual M42 ppendix C "Inspecting and Repairing Steel Water Tanks, and Elevated I anks for Water Storage."' c. KLM "Procedures and Guidelines for Inspecting Existing Steel and Concrete Water Storage Tanks", 4,1.2 I he inspection of the base metal and coatings on interior and exterior surfaces included only areas accessible without scaffolding or special rigging. Where possible, the base metal and coating on the interior wet surfaces were examined from a rubber raft while the tank was being drained, 4 1.3 Tank plate thickness "as measured at random locations on the liquid holding shell. The overall structural condition of the tank was visually examined. 4, 1,4 No structural analysis was done to determine if the tank design complies with the AWW A DI00-96 Standard for "Welded Steel Tanks for Water Storage." However. any observed non-conformance to the AW WA D100-96 standard is noted in this report. 4 1 5 Although compliance with OSI IA regulations was not a part of this inspection, any unsafe conditions or violations of current OSHA regulations that were observed are noted in this report 4.2 Examination and Evaluation Techniques Some or all of the following procedures were performed as applicable, 4,2,1 Site The tank site was evaluated for proper drainage, conditions affecting access and lead paint abatement during reconditioning. Also the following site dimensions were obtained: distance to reflec(s). power lines. owno: buildings, public property, private propert■.:buildings, schooliplaygrounds. public parks and other propert , 4,2.2 Foundations I he tank concrete Ibundation \\as visually examined for cracks. spatting. condition of grout, indications of distressisenlement. and etc.\anon above grade_ 4.2.3 Tank Plate Thickness Plate thickness measurements were taken usine ultrasonic methods (UTMI, The readings were taken using a digital readout Nova D- 100 tiltrasonic 'fhickness Gage that has a dual element probe (transducer). The probe's transmitter element sends a short ultrasonic pulse to the material. l'he pulse. reflected as an echo from the opposite side (tithe plate. returns to the probe's receiver element. The round trip time is directly related to the material's thickness. 4.2.4 Coatin Thickness Interior and exterior coatings, where accessible. were tested in accordance with Steel Structures Painting Council SSPC-P,\2-82 "Measurement of Dry I°urn Thickness with Magnetic (iages," using PosiTector-6000-F1 Type 2 magnet flux gages with a fixed probe. 1 4.2,5 C:oating Adhesion Adhesion testing of the coating to the steel was performed by AS TM 1)3359: Shear Adhesion Test. Measuring Adhesion by 'rape 'lest. In addition, a subjective coating adhesion evaluation was pertOrmed using a penknife, 1 1 4,2 Coating Cure I The cure of the anterior wet coating was evaluated h) ;AST 1'I 1) 5402-93 Standard Practice for Assessing the Solvent Resistance of Organic (Coatings l!sing Solvent Rubs and.a'or with the manufacturer's recommended Field method ' industry standard procedures, 4.2_7 Coating Scr iceahility The estimated remaining coating life or serviceability evaluation was performed usin➢ a wide variety of inspection instruments such as dry film thickness gauge. pen knife, Tooke gauge, adhesion tester(s). 30x microscope and serviceability evaluation experience (minimum I experience 10 years!. 7'he instrument inspection was combined w ith a close visual inspection of all the interior coating's accessible areas. This kvas done to detect any holidays (misses), skips, runs. sags, surface contaminants, o\erspray, dry spray, poor coating cohesion, inter-coat delamination. loss of adhesion to the substrate, adverse conditions of the steel underneath the coating, or any other detects affecting the intended service. 4 2 8 Coating Lead and Chromium Content Analysis Samples Vs'ere not talon of the various types of coatings present on the interior and exterior surfaces, I 1 1 1 I I 1 I_, 5.0 Engineer's Cost Estimates LLhe Iollo\s ing cost estimate is based on a construction schedule of S weeks. I Iris cost II estimate does not include the costs liar installing lettering and'or a logo. or multiple colors. An updated Engineer's Lost [.stimate should he obtained within 12 months prior to bidding the project, 5,1 Interior Wet Structural Repairs S19.800,00 ' 5.2. Interior Wet Coating Complete Replacement $96.000.(1(1 ype of Coating - Lpox), System 5.3 Interior Dry Structural Repairs 54,750.00 ' 5.4 Interior Dry Coating Spot Replacement and Repair 539.375.00 I pe of Coating - Epoxy System 5.5 Exterior Structural Repairs $30.200.00 5.6 Exterior Coating Complete Replacement "` S183.350.00 ' l'\pe of Coating - Epoxy/Urethane System 5.7 Mobilisation SI 5.000,00 ' 5,S Engineering Specifications and Inspection Fee $51.200.00 5.9 Estimated Total Cost S439,675.00 5.I(1 Additional Estimated .Antenna Costs 525.000.0(1 * Includes cost for containment. I°N(fl\F[RING. INC', ' kepnrLprepared and certified h■ .. /Jack R. Kullmer Principal Associate President NA(, l_ _ c-rtliied Coatings Inspector No, 691 Datc, November 24. 201)') I c ,,,,;� ,1 r, „n d Irtttetl u51Lnr. �7"` �t :ail,}4cfi'_Ithl '1'I. APPENDIX A PHOTOGRAPHS , 1 1 1 1 1 1 I 1 1 1 Photo No. 1 Overall view of Tower Number 2. 1 1 1 1 i 1 1 I Photo No. 2 Vent, manways and painter's rigging couplings not welded interior. 1 1 1 1 1 1 i Photo No. 3 Roof rafters to center compression ring not welded. 1 = 1 i 1 1 Photo No. 4 1 Painter's roof rigging coupling in roof plate not welded interior. 1 I I DePths may' .n4i : 29ide9 1 • .: i , ,k z� I I Temp T=C : 65F / 81F 17 : 58 : 11 10/02/09 Zoo, : 5 X Focus : 4 . 2 f t 1 Photo No. 7 Interior wet coating conditions. 29 . 5ft Heeding: 231deg I W, i ew §6 i 4 Ski 3aN 1 Ter T'C : 68F/ 92F 17 : 59 : 30 10/02/09 IZoom : 2 X Focus : 4 . 5 ft I Photo No. 8 Video captures on interior wet coating conditions. 1 1 � � $ I r C't�Ftk11 . � 9 . `gyp 1 • . 1 5 1 Ter T 'C • 6$F` 93F 1 7 : 59 : 38 10/02/09 Zoori : 2 X Focus : 82 . 0 f' G I Photo No. 9 Video captures on interior wet coating conditions. Depth : ' :. . f' t. Head i ng : 199de9 I 1 I V . I TQo�F T / �7 �i9F � 9$F 1x3$- 3(301 $9 zoorm : 2 X Focus : Inc ' n % t I Photo No. 10 1 Video captures on interior wet coating conditions. 1 I I I I QeP k.h : 3 6 . 4f G H° 179d t g 5 I e, y . i I reap rP G : rOF' 1003 1 : 33 : I 10/02/09 Zoom : 2 Focus :7 . 9 f t I Photo No. 11 Video captures on interior wet coating conditions. IGew the 36 . 4n t Heattingt ; 1-33de9 I . , °' - I I e I Temp T • C : 71F/ 103F 18 : 01 : 29 10'02;0; 9 IZoom : 2 X Focus. : 3 . f t I Photo No. 12 Video captures on interior wet coating conditions. 1 1 D,P thy : 36 . 5f t Heading : 158de '^ 1 0 I F, i w 1 Temp T/C : 74F ' 1 07F 18 : 02 : 43 10 /02/0 -._ Zoom : 2 X Focus : . ' ft 1 Photo No. 13 Video captures on interior wet coating conditions. Depth : ; 1ra 2? ides I I ,, 1 v qry 1 `-' Term T/C : 8IF ' 11 ?F 18 : 08 : 16 1ø'ø2ø ; Zoori : 3 X Foc .,A._ , , _;r .; Photo No. 14 Video captures on interior wet coating conditions. I I C t. h : 53 . ?f t He* r;x 'i. I I I I .. ..:01,4 Vii , ,I. , „, ar„.. I *rip 21F T/C : 86F/' 121F 1 « 1 : 5 10'Q 09 oor1 : 5 >e, Focus : 4 . f t 1 I Photo No. 15 Video captures on interior wet coating conditions. IDeath : 56 . 7ft Heading : 165deg I I ..... ..... I Temp TiC : ; ,F 122E I8 : 2' « � : I �r02/0� Zoom : 2 :< Focus : I of i n i ty I Photo No. 16 Video captures on interior wet coating conditions. I I I Death : 41 . 7 ing : 151deg 1 t • I I it I T 1 1 e.', Temp T / C : 89F 1 10 12 '` 02/0 9 Zoom : 1 X ,�, ft Photo No. 17 Video captures on interior wet coating conditions and ice damaged ladder. C .: . . : 53 . 7f' t Heading : 21 8deg 1 1 -4,,,,,, I 1 1 Ter T - C : 86F/ 122F 18 : 18 : 20 10 /02/09 ZOOM : 1 X Focus : I of t rr tw I Photo No. 18 1 Video captures on interior wet coating conditions and sediment level. I I I IDeath : 4I 1" 9s 24 dog I k 3- I I I TeMP T/ C : 90F✓ 122F 18 : 36 : 18 10/02/09 1 Zoor, : 2 X Focus : 9 . 9 f t I Photo No. 19 Video captures on interior wet coating conditions. 1 Dep the S6 . ?f NMad i r .? : 1. . 41:1e ."; I t: . ' 1 �. Oft I TeMP C :T . 88F 1 : 1 F 1 . : 58 10/02/09 IZoom : 2 X Focus : 31 . 4 f t I Photo No. 20 Video captures on interior wet coating conditions and sediment level. 1 I I I I ..41 -s ". I I 1 II Photo No. 21 Drywell tube at the top looking down & antenna expansion supports. 't » I I I 11 I I° I '` I Photo No. 22 I Drywell tube coating conditions. I I I I Ittek i , , I Photo No. 23 Drywell tube coating conditions. 1 I I I Photo No. 24 Drywell tube coating conditions. I 1 I I �»> 8 Photo No. 25 Drywell tube coating conditi and man way ons an . * xg ac; r$,.�,.� rt to Photo No. 26 1 Interior dry coating conditions and bowl manway. I I I , -A, 1111111111011 .., , , 4: I � A. 4 I • . trF I a .-% : --, _ ' Photo No. 27 Interior dry coating conditions. r\) t*Y 3 . -. z 4 I { 1. \ , I I 10 I IPhoto No. 28 Interior dry coating conditions. I I I I i 41,0000aumg- 31% .,too„ 1444141114:0"4, , ,, , I, .,. I I I 1 I Photo No. 29 Interior dry coating conditions. 4,,* I r r ' . I "... , ,. ..., I —,............. ,, — . I , , , , I,t , Limiliaiiiiix.... ' * i ,,, , . ,, ,■...., , =a k , .=. 0.. . Photo No. 30 1 Interior dry coating conditions. I I I , 1 I I \., I I I --- -7.: *.N.N.01.... r . i 1 , 1 Photo No. 31 Interior dry coating conditions. t , 1 " , w },„ I Q t`,3 I 1 I Photo No. 32 Interior dry coating conditions and minor failures on base plate. I I i 1 :t 1 Photo No. 33 Exterior roof coating conditions. mpoop_ ` fa0 4, to ry t 1 Photo No. 34 Exterior roof coating conditions and ventilation manway outside hand railing. I ti, # s '^ .yam`' I 1' S »;. I AIM. t e 8 yy - h�idT y f, kf r II 1 q -'Y. f .. h`: Yt c x'� 'fir, $ I �' „ t a y's k< . Z d W-,':',,',‘,-,,,,i,.,..-,,,,,,...,..-:1 1Yivi � d � �l� a 0'1,-, 5 ht� � � � +A �k}p�� «y A A`Er• ' � ' .'fit T 3" Fn:` i �� ,�S I Photo No. 35 Exterior roof coating conditions. I - - *Al-.„,,,,.;*,;-,7 - '"'", , 7,''''''"2,10‘kc' '1,4k„,„.:, 4 ,, ': '• ;' ,Y , k4 ��,..fig` y +y L Bey& .' `` > is , Vie €�.�'„�.` �, ,� r:."4,--� ”e .�-z .� eta II I Photo No. 36 tlet Overflow pipe screened ou & splash pad. I I I 1 r 1 1 1 Photo No. 37 Exterior coating conditions. 1 1 1 Photo No. 38 Exterior coating conditions. r I 1 i 1 1 i • IRE Photo No. 39 ' Exterior coating conditions. 1 1 1 F Photo No. 40 Exterior coating conditions. I t 1 1 1 1 APPENDIX B , DRAWINGS 1 1 1 1 , / .--- % 4 K, LY PROJECT NO. r'1")1't 1" /\Tr° C,eircT K0.4 DRAw,NG NO 4 II KLM ENG/NEL-.1.14.1. i.i.,_ F.R0-7 (::,TioN ROLE COVER I I I I I I I I I I I I 111 III il , ill I -N.--- C.O. Bo, tic? .99. N I tzar., C..nc, aN 550-0 . -DRAWN 9", 451) 773-t,,i ra. (W) 773-522/ NiaT Es: --2-`• CHECKED B-f DATE 1 ALL wELD ,iG TO BE DONE Vs0TH E7CXX ELECTRODES: 2 ALL wELDING SHOWN r;._. TO BE DONE BY CONTRACTOR. /R4r..-cx,AL.E: ■ -a PR'4iNii SAH3:t15D ,A,r, it,!STALLI--D BY CONTRACTOR.. ALL AROUND E L PVAT 0 N / -., \ 0 X X 0 V) Li 0 I O r-- �' Z3 i .LI--) C? Z C1 u I r .ft pfl3 L3Ui d 1"'"' ,r Cg L -< i Li L.-,`- 1 1-- CL Z < L 0 v d \ Q 0 . 7 a ir L 0 F `ate T 4 t_ 1 I Z tJ i I sv 11 !) '.1.I._..H5.0 i'''''''''' 'fi=4.' .� ;! ' 1....... i ,,,,,,,,11 _"._./ .- 1 illi -, , , ,,-- i e w I 1 '71- < i ,---r-, i '.7, j EE J. fit \ jar° *N..) I w ) ''''-i----11-..m"fc z7 I I M PROACT NO DRA.t4G NO 42 K EOILERLG. Ffir LM eV MO 4,4*44, ECT E..aa s5o.42 DRAWN By DRYWELL -LJBE CABLE BRACKET MOE DATE Li t cmEcKED BY DATE I • \ EXISTING LADnER \\\ AL /4 1/4N, 4" x 1 /4 f ) WELD/ 1/4 1— PLATE 30 LG. • COAX CABLES ATTACHED ./ a— TH SNAP-1N HANGERS / • ./ voV E R Y _NUMBER AND 7 I T\:\rx\ \• czZE Of' CABLES x‘x„ 7 EXISTING 1 DRYWELL TUBE 1 APPENDIX C SURFACE PREPARATION REQUIREMENTS 1 1 1 1 1 1 I :.I NACE SP0178-2007 $ NACE (formerly RP0178-2003) Item No. 21022 0 AI A Standard Practice Design, Fabrication, and Sul-face Finish Practices for Tanks and Vessels to Be Lined for Immersion Service I This ACE international standard represents a consensus of those individual meonbers who have revrei„ ved this document, its scope, and provisions its acceptance does not on any 'aspect ()reclude anyone, whether he or she has adopted the standard or not from manufacturing, maroeting, purchasing, of using products. processes, Cr procedures not in coniormance with this standard Nothing contained ;n this NACE International standard is to be construed as granting any right, by implocation or othervvise, to manulacture„ sell, or use in i7ennection with any methocj. apparatus, or product covered by Letters Patent, or as inde.mrtitying or protecting anyone against liabillty or intringetnent ot Letters Patent, This standard represents minimum requirements and 111 should in no way be interpreted' as a restrrotron on the use of better procedures or materials Neither is this standard intended to apply in all cases relating to the subject. Unpredictable circumstances may negate the usefulness of (his standard in specific instances. NACE Irdernalocirial assumes no responsibility or the interpretation or use et this standard by other parties and accepts responsibility for only those official NACE International interpretations issued by NACE International in accordance with its governing procedures and policies which preclude tile IsSuariee of interpretations by individual volunteers Users 1,-.)t this NACE International standaril are responsible tor reviewing appropriate health, safety, environmental. aria regulatory documents and for determining their applicability q-1 relation to this standard prior to its use. This NACE international standard may not necessarily address all potential health and safely problems or environmentai hazards associated with the use of r materials, equipment andlor operations iletalled or referred to within this standard Users of this NACE Internatoonal standard are also responsible, or establishing appropriate health safely and environmental protection practices, in consultation with appropriate regulatory authorities of necessary. to achieve compliance with any existing applicaole regulatory requirements prior to the use ot this standard, CAUTIONARY NOTICE: NACE interna1oonal standards are subject to periodic revoew ani nay be so or withdrawn at any bale, on accordance with NACE technical committee procEdures, NACE International requires Utrat action be taken to reaffirm revise, or vt,llridraw triE,, standard no later than trye years irctrn the dale tit it a IttibliC^.-313r)n 'and SiJtiS,?..ClildIV frOril 1.he dale of eaCh ferittlfn1P.,ion 7he user 15 cautioned to oetain the ictost odition Purchasers it NACE Inteinational standarrir; !nay receive current infonnatroii on all standards and olner NACE International putilicatrorts by contacting the NACE Internahortar FirstServiiic Department 144Ci Stitith Creek Dr., Houston, TeXaS ffetephone -1 251 i'22,rain62G(to Revised 2007-0:3-1(f reteatri rotted:2003-03-17 I Raef,rfairil Sierleintriei '1m:tot Marco 1991 Revised I Arrproved 1978 NAGE-, International Creek i)ritile jiteikaits - 2e1122;3-6200 srrq iciTi NAL;l: Interreational I SP©17&2007 1 I Foreword When specifying tanks and vessels That are to be irternaily lined to curnrol c'orrosiof and prevent product Gontarronahon, special design, fabrication and 5:Jr1aCe tinISning practices must be considered to obtain the desired performance of these fining iinir,i,,Fsidh service. As th corrosiveness of the product Increases, the design area fabrication of the tank or vessel becomes more critical relative to the performance of the lining, This standard presents standard practices for the design„ fabrication, and surtece finish, of metal tanks and vessels that are to be lined tcer corrosion resistance and to prevent product contamination. The standard explains how the standard practices govern the quality of lining applications Appendix A contains illustrations depicting both good and had practices for tanks and vessels to be lined and Appendix E3 contains a list of recommended responsibilities to ensure that an acceptable lining application is achieved, Appendix C contains written and graphic descriptions ot live degrees of surface preparation of welds In tanks arid vessels that may be specified prior to!tiling This standard is intended tor use or r€terence by end users, lining spectliers, lining applicators, lining manufacturers and contracting authorities involved in the surface preparation or lining installation in tanks and vessels Intended for chemical immersion service, This standard practice was originally prepared in 1978 by NACE International Task Group fTGi t- 6A-29, a component of Unit Committee II-CA on Coaling and Lining Materials for Immersion Service, in collaboration with Unit Committee T-0N or= Application and Use of Coatings for Atmospheric Service The standard was revised ir1 1989 by TG T-5G,27, a component or Unit Commerce T-ECG on Surface Preparation for Protective Coatings, and was reaffirmed in 1991 aid 1995 It was reaffirmed in 2009 by Specific Technology Group (STG) 04 on Coatings and Linings, Protective Surface Preparation The standard was revised in 2007 by IC 295 on Lining, Tanks and Vessels for Immersion Service: rabrication Details Surface Finish Requirements, and Prone! Design considoraticn5 °t view Fit NACE Standard RP1l178 2ri @3. This TC is administered by STG u» it is also sponsored by S T h 02 on Coatings and !Linings, Protective: Atmospheric: STC 03 on Coatings and Linings, Protective: Irrmers6m and Surfed Service, and SIC a? on Transportation Land, This standard is issued by NAGE International under the auspices of SIC 04 I I 1 I I s,ial +psi ©r art )i,Cri it lei .71 i ri d i*r i i 0■0.Stra i r 0r i �yrin(:� r�i7 ru i s cni Ire r-.ii rt.]5, ,iii tiei i$ ann oineis .<<. ? milt e_ 7 for .o 5 i i_iu,c on c o t :.;;) ou +m1.1i _' il.,u-n.T`( its Oi I NACE International I I SP0178-2007 I I I NACE International gratefully acknowledges toe contributions of the following companies n the preparation of the weld no samples and Me fabrication of Us die from which the plastic repiicas have been molded. 111 AL:stilton( USA, Inc, Thorofare, NJ Center Point Enerav,-a Houston TX S C Pintley& ASSOL ares Ito Par SI. Lueie. FL The Srierwin-Wittlams Company,' Cleveland, OH NACE also graletudy acknowledges the assistance of tCr A-Tator Inc qt.sburgh, 04 Ut develOpmg toe wed pattern that was ased to mold Inc plastic;replica at weld samples in NACE standards, the terms shalt, must, should, and ,nay are used in accordance orb the definitions of these terms tn the NAGE Publications Siyle Mnual, 4th ed, Paragraph 74.1.9. Shall and must are used to state mandatory requirements. Should is used to state something considered good and is recommended out is not mandatory Map is ilsed to state something tr:or stclered optional. I I I I " Auslisant .1.e.011;:!lx,Lai cie;JEA., • c:ef:TE,rpoint tsii, 132E,XiN.FsliDta X 7:7",F.,1- G iGys-iF:Axes bnirix; Px.4.1 iexwo-Wiikarl,s,GF,x,par,,, i'x'3spect Avenue, tx . It Ki?", Atox !IF.1 TekThridopy 1.7.xiF,FF 17`d-FT:1FgJ PA NACE International 1 • I SP0178-2007 I I I• NACE International Standard Practice Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service Contents I Genera! 3, Design Practices 4. Fahricat Practices . . 3 5 Surlace Finish Practices _ , , „. . . Bibllography Append A Must:at:ens of Desion, Fabncation, and Surface FinIsh Practices tar Metal Tanks and Vessels to Be Lined for Immersion Service Appendix B. Recommended ResponsthMties . Appendix C: Written and Graptile Desevions Vanous Degrees of Surface Finishing (;f WeAls That May Be Specified in Preparation for Lirong of Tanks and Vessels,. 12 I I 1 NACE International ijj I, SP0178-2007 I Section 1: General I 1 1 This standard presents Stendaro t):"ta0Ce6 I ttlta pie Dial iF---geseplailons of welds and grinding finishes tiesion, fiabricaiicri, and surface finish ot tanks ansi vessels and -are twit, attended iu be representative ot the to be lined for immersion service, Tanks and vessets miav he 1;tte",-j ror corrosion control dr 10 prevent Product ttr'tintarnination integrity al the welds The ''yveid coodinon prior to rinisnind is r a typical weld: I is only intended ii7,1 iirrstrate defects in welds that must be corrected onoi to lining, 1 1 1 Appendix A troandatory) contains itlostrations depictind both good and had practices for tanks an ' vessels to be lined tor immersion service, 1 2 Good tivelding praetices and vielding codes govern the integrity ot the lank .ans vessel welds: this standard only addresses sildace preparation or the welds loi the purpose 1,1,2 Appendix B (nonruandatory) contains a irst ot DI lining the tank or vessel for immersion service. II recommended responsipilittes of the purchaser iuserl, designer, labccaitor, lining applicator, and inspector lo 1 3 Other design and construction codes or standards may ensure that an acceptable lining application is DE uSed to complement the details given here, When aohieved, applicable, the requirements nf such other codes or — 1.1,3 Appendix L., frionrriandatoryi contains writinn standards shall be itttonsidered, A paliai list of such codes and standards can Lte round in the Bibliography and graphrc descriptions ot live degrees of sur.ar,..te preparation or welds in tanks and vessels that mats be 1,4 These stai idad practices may be used in the design, specified prior lo lining. The written descriptions Cl the live degrees ot surface preparation •hl 'welds in fabrication, kind suit-lace finish ill tanks and ve,ssels- id seervices other than immersion, such as dry bulk storage of Appendix C rake precedence tt-rver Inc graphics and tire solid materials it-tompanion visual comparator. The graphocs are Dnly Section 2: Definitions I Lining: A coating or layel of shert.tt material adhered to or in I roirnate contacl with the interior s,urtace ot a container user:: tleme-sprayed irninty-a, thberoemfoicori plastic linings ■)r similar tiring materials, Iii protect the ittoritainer against, corrosion by its contents andior to protect trip contents ol the container iron', Surface Finish: The degree ol smoothness ot a sortace cOntamination by the irtontafrier material, For the purposes produced by trie removal of sharp edges and the II of this stanuanil loirog refers to a surlace Darner. usually a appropriate surface preparation of welds and nther rough thin film less than bud trim t20 mil) thick applied as either a areas. The term sw-tace 1 InIsh is also used to characterize linInq Dr a coating. In common usage, the terrns Coatir oc the degree it smdotttness that is necessary to attain a i ti"tritd /ming arie interchttirngeable.but in II standard icinly the solace to whitolt the liornd can be applied satisfactorily in term 0,3/r19 is Used The, 1":,,fli.iirerrienl,', 12C)ritained herein hitav :-iGCCIIC.Iffiee wilh Ole lrtirig speodrcation, or may ;tot apply ..!..3 heavier thick-ttlm linini-ls, sheet itt,,ritigt.t.i. IrAveltap-plied and ntirripoilai'itotrttace firnsh,es pLa,i,rila I Section 3: Design Practices Act 4:1 2 StiTh Ili ly ank= ittir vessels 1eso01e,1 tij rti,t... poriej tstctikAti i,,irado, 1 1 All still aces c,i Tht:::,.E.,iik co vessel InLerior sti.' tx. 111,...:, reality accessiftle tor solace pteparation ,iiitti ititorig 3,. 1 ?, Addiironal manways and ippentngs sttiaiiti r...›.=. it_-1 Ida:aft:10 isee. tr,fEres Al c:jugt) Al itn.t. AttbetKitx At piovr.dota as ntitottclet.! to tat:miter& ventitautm, Thrlise 1rat31 meet st.ttety roothttirionts. 34 l'ite citart.rgay ..1'ttimeter itti V,01--orKmg erl,F,c'R:e artia ,,,,,t-lcitty reat,,..i.DitF iiiit1rtniit) rtit., 'intrria applicatiti, t,...ttalt be as pt,i3,tii; itit ic„,trt,itir ,,,t, ,D, ittt„ssel itterrtr"; air_e'l 3 itt I f"toritirtucttts, iult it.tt'elr.trtitr,t irtatilt.-.. ..:ittttitrit be tisort 3 1 ,:ti 1 If iitistarle, al 1,..?„,,st oniti mottwey shed li trittei ' Cc t pus:sit:do seo Piguic, AS Ar) „,.,ids A) ),): F1 !1,:),V .'.;N"'11 :W)).,''Kr-Kr) .:rvi)-, ,;;'),:,(-,):T: ..g NACE International I I S P0178-2607 3:3.2 Rivets snail not be used. 3.4 2 If ap orronances inside the tangy, or vessel including nuts and bolts=cannot he limed, they shall be 3 2.3 The use or 'mor .al he led t tint flcl'Jrrs tihouli5 be r of corrosion-resistant i mutFrtG's. (CAL T1ON; See e o!del I()t he !attest extent possible, Paragraph 3.3.2.e 3,24 Continuous lap•welorY Ir i€ir may ue;J h,t area preferred. 3 4. 1t brslled connections are rleces5ary and cannot For sheet lining material, this type ut be made el corrosion-resistant materials, the mating construcfrn may not be arceptublr_, surfaces shad be lined before assembly, Gaskets shall Connections 3 he used on mating surfaces and the sealing surface,rat nuts and bolts to protect the lining, _3 1 Ail connections to the tank ctir vessel shat be 3.4,4 Dissimilar metals shalt be electrirtally isolated rtangerJ from the steel lank or vessel surface? whenever Threaded connections ShP111d not be used possible Where dissimilar metals are used selection • tanks,2 and vesedls.operating Irr should d in shall be such that the minimized 9 corrosive environments galvanic effect is equi (See Figure A4, Appendix A) However, .I threaded se ef' corrosion AR,Appendix methods in ay be required connections cannot be avoided iii corrosive sae Figure AR,Appendix A). environments, these parts shall be tabncated of corrosion-resistant .materials, `'.�J•5 Nesting elements sraU be utfs,rt from he tank or construe ed as shown or vessel surface 1G provide access tar SurfaCB in Figure A10,Appendix A. preparation, application inspection, and cleaning. Elements shall be positioned so as not to damage the 3 3 2 1 CAUTION: Dissimilar metal (galvanic) lining system.. corrosion occurs when for (example, an alloy is used to replace the steel bottom of a tank, or in a 3 Struct ir�l Heinfurceneot Members circumstance when alloy arpurenan^e.; i7ttst Ue part oI the C'ron5truC(fan of a vessel. If a 3.5,1 Structural support members should he tristalled lining is then applied to the steel and pan of the in the exterior of the tank pr uluy tusuatir 1r+g to 61x1 tn111i 15,9 10 24 in,tr, an ernall However, if Sure Y members are instalteU rnterndtly. 1twy shall he discontinuity in the lining exposes a small anode Fatncated simple shapes such as smooth round ni ace. Once corrosion shads, it progresses rapidly because of the 1 bars or pips,twit ease of applying the ;rninr material_ urge exposed aIIC=y Catholic area to Itie much smaller anodic area, 3 r Without the lining, �a.7 The use of intern galvani orrosion cases thr� a' ids,an connections.. channels, steel to cotton(-� stiffening nngs relnfnrr rnent pads. angles channels, at the, weld area hut at a rnw,7C11 t- beams.rate The recommended practice is To PJeams. and other' complex Shapes should be slowly the lining h r 01 the alloy as welt us !I To avoided tt they must be Installed internally+, Mese steel, thereby eliminating the possible uccurrer,Ge �n qes ground shall be radius welded and welds 0 sharp r;dnaa �rCiunrJ tci a radius of at least '�.? non i©_t3 in of a Iaroe cathode-to-srnatl-annrje surface, or as agreed between the tank or vessel fabricator, ,S J-.j Nozzle ',Gnn Ct Gil !U ire lined Shall t;;? as shod tank or vessel owner, and liming applicator(see Figure's as- possible and he a rnirtirtluiTI cat 50 runt Al and Ad,Appendix Al. yiwne1e Isee Figure A4, Appendix Al. t.Griflrr'ttii?s s than 5i:' rr ri ,2 in i n ifiam rnr shat be surtahly Heat�rnKs attached Ihrr; it il,.l -t d I Ir lldnllr ( eP F {rrl.. yen)£Ai. J 3.0 1 Healed, l;Frr - t Cllf(�� if fiCllnw� S)�St?rTlc r� oiler1 N< When yrI ,p ettrriik ;rl,t inra rata :wired, ad tic ,I r'in ins i t !}rE fi nti.C1 f r i specifically rf Di mg rank =?t L a..i i 1ti�r �flnll b ^ allowed`Ur liriint� rtf rrjq ve5s'�I r7uy,('.n ]r .`c�trl.^,cai ul, .rat riyl8tly w,ttr flh-lc}_ led U?ilia i�C`nSidnrntfi rr must two gIVeri t r av'sC9inq UiS s t n rric ,r i:r)9 i !r° d si sink n irng it s, Such ?+'( 3t1 ?nt, l s c or n IUC5 1131 as_rltiirCn i*1 1 r. "i an The- ,tai ,aid Fr true nn 1 rhsupport 5 { 9fi t, t any tsr'!1 f ° • 1C !Jiro, "sC vessel dial is lG be I n rii?5 si i =€1wirC may be Jr ass, ii -r ter E.a 5l C n �pp lrr!�a 1,rl r i It, e, irrk i v y,_µigr -r try ri.tr ii t rn I insulation r„f hut are no! Ir mt 1 l ^f eSSr 1 ra 18tG 5-Vi C r l,+, , 1 i?t 'hk""- f �t1riL©hU � or Sii r lief f ri.: lw t ds Another a d v ces vortex I i_esker -)r)7 oth i F' .so'0 sr i i'K`i! 1p,nd., �_<. �t r r>'i'r rat\ U: ntitl UGlrGr1. titii 1 as llc4r.trs r to pt..t my he:teus sir e chlerve heatunu aril;:',u'rnq, 2 I MACE International 1 ISP0178-2007 4 1 I .41 Ail design practices in sastion 3 criaS.0 eo7,1,1,40:aFi:abrication Practices i a t with lne use int property slieri neralets, labricatiork I 4,2 All welding shall he continuous, inteotuttent or spot welding shall nol be alloweri, (pi by pacing the tank Att a c:oncrele pad topped with a 100-mrn(4-40 layer of vermicul0 0 concrete: 05-11 hy tnswating with a high-compressive-strenito I 4,3 Fillets and or ers Li be ar c ib e t ,p1 t d rid. - - -a corners, _ rn al ..y. yr;yss- ily to- -i 1 1 far use -co structural wade 4rtSulalic,n between the tank bottom and foundation 4 4 Field looks bricated to with high-heet red linings IC,„g unmodified phenol formaldehyde therincsetkog Oil loy installing an internal temporary also 00110111 I lthingS't should have bottoms suitabiy hisulated RHO ins:Lined aPPIOximately 1 5 m (5.0 11) above the floor of the tank on properly drained foundations to facilitate propel' cure al prier to the tinai highcleinperalure bake;ot t ri e in on the boor i'it lhe tank, Because the sand-mica earthen 'foundation, ,--.!oricrele pad, or .oittier similar fa) by olher surlable means lhat practically and i l'oundawn is a poor insulator some means must Lie consdered pnor to the application of the liorig either le override the beat sink or I atstribole the tleat tofltorrnly etterively ensure a properly cured mop on the tank float This may be accomplished!N several ways. I I ,a1 sharp aciges ranali ve grosaio to a smcSjaeacltii.00siniu5s: TSultrface Finish Practices prepare The wedii sonar-,e and surrounding metal least 3,2 trim (0,13 tn.) or as agreed between the iank iit surfaces in accordance Wit 9 Er SpeCMCEitiOn Over- / I vesset tat mat. tank or vessel owner, and iinind applicatot. onnding, which would result in decreasing Me wall thickness or the integrity t)t the weld beyond the ii--nitattons imposed by dini,1 wet:Mg practices. 5.2 to aria vessel' inlet-hal surfaces in be Iined sinali that appiicable wepiind cedes, or tank or vessel ratings, II he marred by 'gouges handling marks, Jeer, scratches, metal stamp marks, slivered steel Cr othor surface, flaws Flaws see ne repaired by weldthg or grinding. as shall be av5ideo, 5,4 Auto oat ic reachirie welds may be accEvtable as -appropriate ..ficlafkaill by the-,specilicail3ns for film carroppitv, ii. , 5.21 Limits on subloee bevy depth and geometry shall 5.5 All weld shatter and arc slnkes most Sc removerl. be set by ai9reemerit between the tank ot vessel Chlppind may be used it folir„twed oy grind-rig cp- lhe Ilse of fabricator, tarik ot vessel owner,and lirnng applicator art abrasive dhap, I 5 iy2 All restoratilye welding sriall be pertouned 5 i,-; if On anti-spatter niat?!lai IS anplicai ak4acent to Itte a G,,0 rding 'r applicable tank qf ,,,,essei oeskiln co ons. weld area prior to weldii'tg, tliE„anthspattet maienal shall be approved Joh-specific pmiceeldie.iiiiii; or both one thrial is readily removable Art;- S[ materials shall ne P,r11,:lved prior to abrasive blasting. I 5,3 All roocil 1 welds.snail pe drhatrib to ren-hwe shaft',,„?tileS uid othal such irrei7pilanta?s i'see Figure ALl. A;Jp endix At .5.7 Vy'lleri checking vvoiii Coniltiony. its tan, or Chipping niay ne used lo rernoVe Sham edoes it toowda Liy tabihwor taiall avh!ht nI ,J.se (It i-yls lutmeants, or other grinciing. i7See Appern3ix C tor written and graphic lc rehr materials trial wottlyi leasiis yi conlorninatinct resioias descriptioI s iji bye ricandei., ini sottace. loshinQ 0! VVEHCil.; rli::1 , , -i..?tTK:,,Ve-::_i tiy atirasiye ho-t'hal 'fla( be sPecrtted hrepnralcry Ti II le lining -.il tankS EC id 1 vessels 'ii a ,--;,,,Iliace to 1 c1e,,,,nt---1 ,,,..no nii?..coiciiatinalated as iegoilicri by !Ile gOve-Ong linpic Earp',C:,:itlF.-”) scieciticatiy)lvs _ s 71-so ilrhount or ohri,los:l as oi-soli .-.:';i:f s ',,I.A1 Ll , I I C'31CO, '',a ,i Pe 1 Of.1•-itiiK!diiiiv 0 0 dee€:,xlieiel riecifei_fify 'ii,i I NACE International 3 I I SP0178-2007 I Bibliography API' Standard 650 (iares., revf slow)) ivood Steel Tanks Directive,: 97123/EC riatesi invrn 'Pressure Enuipmena to Cii Storage" Washington: D C. American Dire,ctive (PEE))" Brussels Pie Igloo). European . :41 Petroleum Inst m itute iAPI)). comission API RP 652 Oates! revision). 'Lining of Aboveground NACE Standard SP0294 (latest revision). "Dosion, Petroleum Slorkige Tank Bottoms Washington, D.C.' FabnratIon and Inspection of Slot-age Tank Systems API to Concentrated Ernst) and Process Sulfuric Acid and 010iiM at Ambient Temperatures." Houston, TX Ai-ME- Boilet and Pressure Vessel Code (latest revision) NAPE. New York NV: AWE I 1 I I I Arne,war, 1720 L Nyv, p. ASME r yr Skft, .Park N.Lnk, Ny ELropeari cor!,rilssIc4-1,E71:j Rue.-.le 300. 11.).*Brw ;es ;:ie,cpurn 4 NACE international • I SP0178-2007 I IAPPENDIX A: Illustrations of Design, Fabrication,and Surface Finish Practices for Metal Tanks and Vessels to Be ..,, Lined for Immersion Service i IF 411 S...F111)F've-Fd Slr,T,,,F,e.10, .F.1,ip iirVe;I I .ii . hr le of I . veriiriee Round F4 :1-F5rp EFA,le-F Ipet ka,PKIr,lpr,5 I DO iti4 fr T limn FIGURE Al A11 COnStrUCtiOn 4nvolvificl pockeris or crevices trial do pot lreen er Thar cieddrot tie w,,piiri:dy atdasive rda,,liel and iirnied ritiali it:Eii Igedeled, I I I I I NACE International 5 I I I SP0178-2007 I IruE de at Tank ol- Yeec-e: ■.: Ind Smooth ,... DO I inzi,le of T.64.trik cm Ves.frei Rough Pnhoie, / I Limier out Nv. . , • , ,""*".' • , , [ O WT FIGURE A2 Ali joints snail be continuous full-penelration porosry-Ence wod s. in tanKs and vesses Tria,t require a I"00'c noMay-lree Ming all we his must be smooth with no holes, high spols, lumps, or pockets. Grinr1mg is required to eliamate S.ha rp edges and high ispots Weld metal shalt be seed to fill'n anaerc,ut or lits ir-rlicie at Tank ot Verz-,,r‘el .., i/s' ...... ', _ I . . 4 ' i ft(t DIM`I FIGURE A3 . .. Ali scold spa tar shot be removed I I 6 NACE international I .-, I I SP017'8-2007 Flanged Outlet vveid 2 i I 1 1F1 , 1 iii , 1J I 1 I 1 . I I 1 I 1\o" - i • rrirr, f,k 1 II Overall Length r2 In) Arg . bare4 Be as Shod "*-f r°"**- lk1/4 Srip,On Frahlre . r k 4 v.reo Idecir as Possibre weld ...'- Flange I 1111 41111 1 . :III? Round tor,tetz - ...***"%•,„,„,s,,,,,,,,, Inside ves-oe! Sharp I DO DONT corner-,:- Pad Twe rrIveads. I 514 I Reend These 11\ if IIIIIIP' IIIII I ,--- eorger's rrd,Kr.e:et Tani.co ''/EStz'el I *s._ hr:Corner DO DON'T I FIGURE A4 Tri outlets shall t)e finnged Or 1JFici-type rather Iran threaded. Withrn pressure limitations. slip-on flanges are, preferred because ,.--- I the inside brit-face crf fhe attaching weld is readily available for roemsting edges and grinding. a ,aperaling pressure dictWes the use of weld neck 'flanges tbe insi,je soriad, di the attaching weld is in the t hroal of The FiOzz19 mErkIng repair el surface TregljaritiES by grinding rarrad drbrub I I I I NACE International I7 I I SPOT 78-2007 I inTide 0/Tank 01 Grind Smooth trisde ot tar of Ve.,:izei / Veszei . . i---------- I 1.- 7 -----4" of ct,ap DO DON'T I tmicile of Tani: ii.:w inside'7.1 Tank 0 Vez-z.et 0'46 iii CvntiniAous Fillet Weld i, ---NR I DO DON'T Gap FIGURE AS BIM weithng shall be used oidenever possible rather than tap welding or riveted construction, ........ A k... ) I Tani,ot lei 007" insIde Ca T'a t, n. Of -,,...u Inza_ - Ana- "curd ..I Stinerel II IF I eV* %It** DO DON'T I FIGURE A6 ..,LtIt,-;.-ulg mii4TiiDers shok lid be ori the outside tile ti=ink e.,i1 vessE-1 I I 8 NACE International I I I SP0178-2007 Rt4et Odd trise=Eliminate eteette hatentete.efft0he tar 6-urdtrio ot pt wet Unkng 04;),:cati,r, • Inz„,.1,0Taii, o inse 'tacit or Op Vessel DO 00 N*I FIGURE A7 Roteto-Shell.„loint Eitmmote CTEViCe and tap weld at rootocesheit pant in a tank or nonpressure wessel, 41 :fees ermeeffece Ofeeti,1e 114141,4 h FIGURE AS Lessifictar eneetat -,qtarearecei corroston cfeettes whew for examptet an a(lcw :heed to replace the sleet botiorn ft4 a 'tank, ifth fe saYfilaiT enutstatatice, ‘tfinert altoy appurtenances must tete a part of the coastroction at a vessel, If a tiring ts tnen applied fht- Vie ateei and pail 01 the tteloy (usually ft'ff q:■ nen ya tet 24 inht_arty diScOntqUty et the linIng exposes a small anotae Stirlae+'- Once corrosefn starts ft preerassas raccedly Lee-aftse of lie iarete exposed alloy cathode: tatea I s' much stnalkft anodic ftittfai ewe , L It ett h.); Ltatthettatt tth .oce,tter Tho !tosseehasicaf,- testihmte is to eftery lIt 10 att of the alloy as east as .te 1h6 CO' '1'1' uptchttnceieae srea,ttanocits setsee I NACE International 9 I SPO1 78-2007 I, , inside ed Tele hi I ih -0.0 ... ,. a, is we ie,nneueedve to ining aopit&bon ilopo. in Cot cc,He-4 4.-----*---'-' Fabrf_--atior and Ht coeho at The;rr)0F,-Ett;702 Lininac MEM 1 I 11101111111 it te 1Ecommendecith5r allini : 'e plug be ttft out to, he , vemina-and the',ele pdirea_pd '''------------------ Installation at Curved itheteecin at Plat ' ' t,ci e =etc c=f,,,iPri1 Paee Full,'="`eal. He'd ard r-=,F,K.nd 11 = ow,-;c, atmospheric croon = E Ina-- -abb.- I.ee f or Pieper eimalP ,, tic A Ft threads r rl, , r Surface Prepa ato' n a c.,Untrir,1 Mdfs-Cornhartment Tree Ceaideuelea pae, i edsh eatie BM ,en ene erg., ...-*/ 111 FIGURE A9 A tOChnlque. (derall of fabneation) Tc.i allow For good continuity of lining application Jr r inaccessible areas such as those in mullicOmpartment tanks or vessels. „"T,tr. 1 0 a,i thzeeil ninede I it a:. alrov i:ange l'..„ectin,„,,,..,;( the decidnol ehould eansidei tl. -,P 0,ill,t ■ ,, al ali and veaehete an a protector= Fc-i-le--., 5::rel ,he, alaireof aele::: ::c' t r - ) i' ,*-,,v'l 1,4rif 11:env, 1"---- than! as neasoihte 41111111111. 1 I / .., .. Line c= ,oeteli to bon Fide of Tr,rd, ,..? ==1 ..,:i==:-1 -711,7"-it. n=1=via Ra.41„ FIGURE A10 ... Minim,on 50-0 ich i2en 1 du,rneler nozzle required Ica most thdetere linings Thicker-fern liana may require a fa/gar-diameter neroe Tres cheat am aisa 4r.Listral o behhcation hrena'ice where a Inneaded connection is reduired to a Tank or vessel that ree4iires a holiday-Mee iitY-ed i I 10 NACE international I I I SP0178-2007 I IAPPENDIX 5: Recommended Responsibilities i ics appendix- is a list of recommended lespelaib„rhus mat .,1 Respirll„id brie=L-it Il ie Clesir,iner should be assigned 1O the purchaser, designer, labrl "a'ar I lining apps i atcr, and inspector in order is r_.t,tain d ;,crieri, 31 3.1 The designer so,uld be responsible tor designed and ran ficatch rank or vessel tor.Inferior IifI ltg. II i dud rig lire required fabrication and sliriace details on all sketches and Jrawirds regaled to the tank or vessel. E1 a .JOiri' Resomisibl)Ihes I b'. 4 Respoi�siLitifies of the FabrI al,�r 91.1 The purchaser, .Designer, fabricator, rnrng applicator,and inspire fort,sl should review and agree r B' 4 1 The fahncator should be responsible fur the requirements involved before vnnirdctuai adhering to the fabrication and surface Finish details agreements are rrladr sIiuwn on the working drawiri©s and described in the I tank or vessel specifications. E1.1,2 The purchaser, in agreement with Inc tabrioator and lining applicator, should ossify'. El 4,2 Responsibility for an inspection of the blast c,r I responsibility itity 'or inspection nt fabrication, surface any additional welling, grinding, or siir'ai c finishing finish and Ring application and such responsibility that may > revealed by the �;tlrtace preparation for should be defined in aft contracts linl+icc f?us any subsequent tetilas!ing sIli'old be ;learned in the lining cr.n'ract I :•,t i RespclrisibilltreS of the Purchaser(Owner or User) Fr a 7 T`ie lal'rncator, when checking the quality of El 2 This purchaser Should bO responsible f(:.r tier weld should use only those inaleria,s trial can be specifying, aria lr approving the; delay rertuiremerrs tor teadify and thoroughly removed oved by the fabricator alter Ides yr a labrICa1lbll, arid Surface finish tO all parties urniiteIrOn of nce I rtspeclion procedure. 31,5 Responslf dillies or ire Lining Appiica1Gr B1,2.1 1 The detailed requirements should be fully described in writing and include dlawinc,c of 81,5.1 Responsibility 'or additional welding grncliag, he tank or vessel Icy be fabricated fat',' lined ari] or surface I r�rshing that may O revealed by rho SlJ rfat 0 Service equrrerner:s preparation, for lining, plus any subsequent reht0sting, hC,uld be Jointed in the lining contract, 91.21 i The purchaser should adiase the designer, fabricator, lining at plical rr and all inspe.cfors at rIE detailed requirements Rtn aespcnsxhtie ,1 the ulSpcc,oltSf including time schedules. inspection, and El.6,1 A qualified inspector tvticse qualifications ar Pi acceptable regcireri`rr rrts in writing dillllation are acceptable to aft rulers should Cie I responsible f,or tie verification ol 'ulfilin nt or design abrication and Sur a:e finish requirements_ I I I I I NACE International 11 I sc 0 yI 4,_ -' a7 ' s✓ a u : 03 r o <S^as c u z= j = i iv 4 r-i d d7 t_ ui ga +? 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I - k I ' BIDDER: (J d Lq✓1 Pm i-e_C (life 000 71/.1q 5 , Bonestroo DOCUMENT 00 41 10 ' BID FORM 500000 GALLON WATER TOWER NO.2 REHABILITATION PROJECT NO.000055-11173-0 ' OAK PARK HEIGHTS,MN 2011 THIS BID IS SUBMITTED TO: City of Oak Park Heights 14168 Oak Park Boulevard N PO Box 2007 Oak Park Heights,MN,55082-2007 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 and the following Addenda,receipt of all which is hereby acknowledged: 9 Addendum No. Addendum Date i B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. C. Bidder is familiar with and is satisfied as to all 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 Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the 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. ' E. 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 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 the specific means,methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. 1 000055-11173-0 ©2011 Bonestroo 00 41 10-1 BID FORM I F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are ' necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents,and all additional examinations,investigations,explorations, tests,studies,and data with the Bidding Documents. I. 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. 3. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 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. 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. 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 intended to restrict Bidder's rights to challenge a contract pursuant to law. ' 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. ' Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions I J l• Y ' 000055-11173-0 ©1011 Bonestroo DD 41 10-2 BID FORM 1 I Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of I Bids,and Final Payment for all Unit Price Bid Items will be based on actual quantities provided,determined as provided in the Contract Documents. LI No. Item Units Qty Unit Price Total Price I PART 1-BASE BID WATER TOWER NO.1 I 1 REHABILITATION: MOBILIZATION LS 1 $ i C,O0V.00 $ IS,000•00 I 2 EXTERIOR CLEANING,SURFACE LS 1 $ I 30, b6O 'GO $ /3O,OQ�^ 00 PREPARATION,DISPOSAL,AND PAINTING (INCLUDES PAINTING SCHEME) I 3 INTERIOR DRY CLEANING,SURFACE LS 1 $ �r Dbo 00 $ �� 000 . 00 PREPARATION, DISPOSAL AND PAINTING AS SPECIFIED ��yy A 1 4 INTERIOR WET CLEANING,SURFACE LS 1 $ $ li� VO D' OO PREPARATION,DISPOSAL AND PAINTING AS SPECIFIED 1 5 STRUCTURAL REPAIRS AND MODIFICATIONS LS 1 $ J40 >00 $ 3 .WO' 04 6 WELDING,GRINDING,AND REMOVAL OF HR 80 $ (On. bb $ SUOQ^oO I ERECTION BRACKET SCAB MARKS AND WELD SPATTER 7 FULL NEGATIVE AIR CONTAINMENT LS 1 $ 50,000•b0 $ 5 0,NM,•06 1 8 SODDING,LAWN TYPE WITH TOPSOIL FOR LS 1 $ $,5(0• DO $ 8,5O0.0 0 AREAS DAMAGED DURING CONSTRUCTION ITOTAL PART 1-BASE BID WATER $ 3 3 7, sbo- 00 TOWER NO.1 REHABILITATION I PART 2-ALTERNATE BIDS: IALTERNATE NO.1-MIXER • 9 PROVIDE MIXER AND REPAIR 10'BROKEN LS 1 $ L000• 0 0 $ 4,e 066.00 I SECTION OF LADDER PER SPECIFICATION SECTION 33 01 16 TOTAL ALTERNATE NO.1-MIXER $ (0r 00'0 . 06 I I I 000055-11173-0 I ©2011 Bonestroo 00 41 10-3 BID FORM I I No. Item Units IQty Unit Price Total Price I I ALTERNATE NO,2-REPLACE CATHODIC PROTECTION SYSTEM I10 REMOVE THE EXISTING CATHODIC ��LS 1 (a (;(�;� ,00 00 (� O, V PROTECTION SYSTEM IN ITS ENTIRETY AND INSTALL A NEW CATHODIC PROTECTION ISYSTEM AS SPECIFIED IN SECTION 26 42 00 TOTAL ALTERNATE NO.2-REPLACE $ I( i coo , U 0 I CATHODIC PROTECTION SYSTEM I ALTERNATE NO.3-ADDITIONAL INTERIOR DRY PAINTING 11 PROVIDE ADDITIONAL SURFACE LS 1 $ `iSOb.0 O $ g, Soo -oo I PREPARATION AND PAINTING OF THE ENTIRE DRYWELL TUBE AND BOWL INCLUDING APPROXIMATELY 5%OF THE REMAINING DRY INTERIOR SURFACES AS SPECIFIED TOTAL ALTERNATE NO.3-ADDITIONAL $ SOO • Q® INTERIOR DRY PAINTING 1 BASED ON THE CONTRACT TIMES PER THE AGREEMENT FORM (SECTION 00_52_10,ARTICLE 4),PROVIDE PROPOSED ICONSTRUCTION DATES: PROPOSED START DATE: Mai I , ' .011 ISUBSTANTIAL COMPLETION DATE: �ut4e C t 'Doll FINAL COMPLETION DATE: AV 7 iyr,i ati i A6/1 I I I I • r 000055-11173-0 ©2011 Boneshvo 00 ql 10-9 III BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the numbeof calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the work within the times specified above,which shall be stated in the Agreement. event of failure to complete the 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 1 B. Bidder's Qualification Statement. C. Non-Collusion Declaration. 8.01 The terms used in this Bid with initial capital letters have the meanin s stated Conditions,and the Supplementary Conditions. g ted in the Instructions to Bidders,the SUBMITTED on AA a t^C, t 20 1 If Bidder Is: An Individual ' Name(typed or printed): By: (Individual's signature) (SEAL) Doing business as: Business Street Address(No P.O. Box#'s): I I Phone No.: Fax No.: I r I 000545-09003-0 ©2009 Bonestroo 00 41 10-5 BID FORM 1 r A Partnership Partnership Name: (SEAL) r By: (Signature of general partner) Name(typed or printed): Business Street Address(No P.O. Box#'s): r Phone No.: Fax No.: A Corporation rCorporation Name:Ockaild / /ec.l'l 'e CO 0 f,k7 S (SEAL) State of Incorporation: 4,4` loL°Salq r Type(General Business, Professional,Service, Limited Liability): By: 7,21,1C,46/ r t:/Gd"7/l ' (Signature) Name(typed or printed): / d h2 Q/47 A4)• pc/Lem ci Title: fief/ en Attest �a4...0 L e' (Signature of Corporate Secretary) (CORPORATE SEAL) Business Street Address(No P.O. Box#'s): 76 5 S Ver/l/Dit/ J. Aa06/6(ord) S' S3 7s' Phone No.740 3 - 6, )2 Fax No.: �63L`'I ) ) — (/' `mil r r 000545-09003-0 ©2009 Bonestroo 00 41 10-6 BID FORM r A Join_ t Venture Joint Venture Name: (SEAL) r By: (Signature of joint venture partner) Name(typed or printed): ITitle: Business address: 1 ' Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name(typed or printed): Title: ' Business Street Address(No P.O. Box#'s): • 1 Phone No.: Fax No.: Phone and Fax Number,and Address for receipt of official communications: ' (Each joint venturer must sign. The manner of signing for each individual,partnership,an corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000545-09003-0 ©2009 Bonestroo 00 41 10-7 BID FORM 1 —T� 1edar United Fire & CasuCompany Rapids,Iowa I BID BOND IApproved by The American Institute of Architects, A.I.A.Document No.A 310 February 1970 Edition IKNOW ALL BY THESE PRESENTS,that we Odland Protective Coatin_s,Inc., 7655 Vernon Street,Rockford, MN 55373 as Principal,hereinafter called the Principal, and the UNITED FIRE& CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety,hereinafter called the Surety, are held and firmly bound unto Ci of Oak Park Hei: is as Obligee,hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Do ($ 5%of Amt Bid ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,ars "bind ourselves,our heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 500,000 Gallon Water Tower No 2 Rehabilitation; Pro'ect No. 000055-11173-0 IlltNOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with he Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified ontract documents with good and sufficient surety for the faithful performance of such contract and for the the bidding payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such c contract n amount d give such bond fied or in bonds, if the Principal shall pay to the Obligee the difference not to exceed the enal here Ilt he speci said bid and such larger amount for which the Obligee may in good faith con act w h another party Ito perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and ffect. ISigned and sealed this 15th day of y March A.D. 2011 Odland Protective Coatings,Inc. (Seal) , ./ % /j_ (Witness) A /� B . t - t IIITimo , R. Odland,President .79 United Fire& Casualty Company (Seal) ►,_ tit._ / s 4" (Witness) 1 B KLEIN AGENCY, INC. y' 3570 N. Lexington Ave. John C.Klein,Attorney-in-Fact 1 t St. Paul, MN 55126 (651)484-6461 IUND-3082b(1-91) INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT ISTATE OF COUNTY OF I On this day of personally appeared , before me Ito 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. I Notary Public I CORPORATION ACKNOWLEDGMENT ISTATE OF MINNESOTA COUNTY OF RAMSEY I On this 15th day of March , 2011 , before me personally came Timothy R. Odland to me known, Iwho being by me duly sworn, did depose and say; that he is the President of Odland Protective Coatings, the corporation described in and which executed the above instrument; that he knows the seal Iof said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. RITA M.CARLSON �) NOTARY PUBLIC-MINNESOTA •,,,. My Commission Expires Jan.31,2015 f171.7 i 06,. Notary Public SURETY ACKNOWLEDGMENT I STATE OF MINNESOTA COUNTY OF RAMSEY On this 15th day of March , 2011 , before me appeared John C. Klein to me personally known, who, being Iduly sworn, did say that he is the Attorney-in-Fact of United Fire & Casualty Company of Cedar Rapids, IA Ithat 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. Axaty 24' ``��� Notary Public • M. ARLSON G NOTARY RITA PUBLIC C•MINNESOTA ti My Commission Expires Jan.31,2015 JJNITED FIRE&CASUAL: TY CaIVIPANY HOME OFFICE CEDAR:RAPIDS, IOWA�; CERTIFIED COPY 60,.i.,PO:kitiiR (Original on file at Home Office of Company-See Certification) • KNOVW ALL MEN BY THESE PR SJ NTS, That the UNITED IRE & CASUALTY .C( MPANY a car existing under the laws of the State:Of Iowa;;and having its<pnncrpal office in Cedar Ra ids St appoint Jl)WN D I LEIti. St,:i'401-.114 C.. �L t;lha. OR fEPHEN,'M, K ,:460.on duly organized artd P ate t�f lowa, does;make,constitute anti.: of SA;USIT. PAUL MN LEIN, O;,R KRISTIN M . 6AKpS, ALA TfJD1yI:pUALLY Iits 'true and lawful Attarhey(s}in Foot with power:and authority hereby. conferred to sign seal a bonds,undertakings 4#14,'!,43,..ther obligatory instruments of similar nature.as follows: Any anei A11 B and to<bind UNITED•FIRE &'CASUALTY COMPAJ�J�' rid ekecu#e m its behalf aJl:lawful.•;: onds >'=the duly authorized officers of UNITE FIRE & CASUALTY COMPANY and all the ac y end to the same e�terrt as if such In' nst�men#s were signed by hereby given are hereby ratified and confirmed. t`s of said Attorne The Au#hunt hereb t _ y, pursuant o!.the authority CASUyLTYCOMPANY Y y grerrted is continuous aod.Shall remain..in full force and effect until revvoked.b UNITED FIRE:..& This power of Attorney is made and:executed pursuant to;and by.authority of the followin B Law y Directors of the Company on April 1$, 1973 9 Y duly adopted py Board of "Article V Surety Bonds and Undertakings• Section 2,Appointment of Attorney=in-Fact.`"The President or any Vice President, or an other ffic from time to time, appoint by written certificates attorneys=in-fact to act in behalf of the Com an''in th Y o, er of.the Company may of insurance, ponds, undertakings and other obligatory instruments of like nature. The signature of an officer of hor zed hereby;and the Corporate seal, may be affixed by facsimile to any g certification of either authorized hereby; such signature and seal, when oso used being ado t d bl any officer authorized ;original signature of such officer and the original seal of the Company, to be valid and bindin u. on theC r of attorney or `same force and effent as• though manually affixed. Such attorneys-in fact, subject P Y tMe Company as the ' respective certificates of s authority shall manually full power to bind the g P ompanh wi' their r strements end to attach the seal of the Company thereto bind e C mp J to ate lemma axe set Borth In their he Comnt or any their Preside and eBoard ci of any such any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. t or any Vice President, ilia Board of lirectors flr �,�.0 i'r RUr,, IN WITNESS WHEREOF, the UNITED FIRE &CASUALTY COMPANY has Caused.. y �.,k' Its v+ce President and its corporate seal to be hereto affixed this 1st day of May. 2008 presents t,• be signed'by saor�s�an� r " I;, UNITED FIRE&CASUALTY COMPANY' State of Iowa, County of.I_rnn,'Ss' BY ,.,..,�,� On is# clay Qf 'l ay. 2009 . before me •Personal Personally came Dennis J. Richmann Vice>President to me known, wJ o being by me gi.ulysworn, did depose and say that he resides in Cedar Ra i President of the UNJTE6 FIRE&CASUALTY COMPANY, the corporation described in and which exec P ds,.:;'aate of Iowa,:that he rs a 1fJce he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was " uteri the above insti'urrient,that .-•"• pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to ?:::::: 9 p. authority, and ackrioa+lrled es same#o be?the aet'and.dei'd of said cot oretioii: so affixed like Mari A Jans#n Iowa�{ .•Sea I Comrrilssk n number 7132;`0 My commission>?,4ires 10126/13 I, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have Notary Public ;� ::::,,,,o..,,,..,, e Power of Attorney and affidavit, and t#ie:copy of;':the Section of the b .a ot<: Attorneys wall the fxIRIC�iNALS OIV FJLE IN THE HQMB OFI=`ICE . compared the foregoing copy :0 Ms said Company as set forth in said ans cif thereof, and of the whole of the said priginalg, anti that the saiii''Power:of Attorrie ha' OF'SAID CaMPAN?' and that the Bartle are eoinfu l f rtscrip d effect y snot been revoked and is now:n full force and $`yy���,,d#� i b, 16:;;*. timtiny whereof I have hereunto subscribed my Hartle.and affi l.:the cot r this___15th____. day ,: j 'cOPoRATB = a of 20 -1L_ poste seal of the sard;Carrapany Secretary $POA001.907U6 I I City of Oak Park Heights g is - Water Tower #2 Rehabilitation General Contractor — Bidder Qualification Process 1 IGeneral Description of Qualification Process The City of Oak Park Heights is seeking the services of a qualified Contractor to rehabilitate the I 500,000 Gallon Water Tower #2. As part of the review process to ultimately determine a final Contractor the City is implementing a Bidder Qualification Process. Under this process'Bidders' are required to submit evidence that they have practical and significant knowledge and ability of I the particular work to be bid upon and that they have the financial resources to complete the proposed work within the required timeline (see Agreement Form, Section 00 52 10). The City may consider not issuing final contract for this Project unless a Bidder submits required information and meets the minimum thresholds required. IThe object of the request for the Bidder's qualifications is to make it reliable information on the financial ability, equipment and personnel available,able, past City performance have and experience of the Bidder in order to reduce the hazards involved in awarding a Contract to 1 party apparently not qualified to perform it and to best determine those Bidders qualified to properly complete the work. 1 Pursuant to the guidelines below, Bidders must readily and independently document that the Bidder possesses the experience, available personnel, equipment and the financial resources for a timely and professional completion of the Project. The Bidder shall submit the requested 1 information that will assist the City in determining whether the Bidder is adequately prepared to fulfill the Contract. The City reserves the right to reject any proposal where an investigation of the submitted available evidence or information is incomplete or does not satisfy the City that the Bidder is qualified to carry out the terms of the Contract. The City's decision as to the grading of qualifications is final. Failure on the part of any Bidder to carry out previous contracts satisfactorily or lack of experience or equipment, necessary for the satisfactory and timely completion of this project may be deemed sufficient cause for the disqualification of said Bidder and as determined by the City. 1 Qualification Process: 1 To participate and complete this Qualification Process - complete the following: Compile and provide the information requested below (Items 1-3) in a professional 1 manner, clearly labeled and/or tabbed in the following order. Provide ONE complete original packet for review. Please be as complete and as succinct as possible; provide only relevant, non-extraneous information. (Do not submit general brochures from your firm as documentation unless these exclusively and in detail respond to a particular question) Item #1: Provide information of your firm's previous experience with equivalent projects 1 successfully completed within the last 5 years; this must include providing evidence of at least three similar projects completed in the last five years for a municipal client. Provide Iclients name and contact information. Letters of reference are welcome. The City will I I PLEASE NOTE THE FOLLOWING INFORMATION: • Received information will be analyzed in detail to determine the qualification may be grounds all bido rs. Failure to provide detailed information or respond to any questions City to disqualify your submission. Do not submit extraneous or non-relevant information. Answer the questions clearly and succinctly. • Firms may select to forgo this Qualification process. However,not successfully omplete the right to I preclude the issuance of a contract to any firm that does Qualification process. I • Should the City discover(and verify) information that is contrary to the information provided, the City reserves the right to immediately disqualify such bidder. • Should the City discover information that demonstrates that within the last ten years,that a I bidder has engaged in disingenuous building/contracting practices ices resulting in material ateri to cost overruns; a finding of default and/or subsequent litigation,the immediately rescore the bidders submission accordingly and/or reject the submission. • All submissions, and other information received by the City will not be retuned and will be considered as the property of the City and will similarly be considered as public information. I I I I 1 I I I 1 I I SECTION 00 52 10 AGREEMENT FORM ITHIS AGREEMENT is by and between the City of Oak Park Heights Minnesota (hereinafter called O l__Protective Coatin s Inc. (hereinafter called Contractor). Owner)and IOwner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK I1.01 Contractor shall complete all Work as specified or indicated in the Contract generally described as follows: Water Tower Repaint and Structural Impr ve entsents. The 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 I generally described as follows: 500,000 Gallon Water Tower No. 2 Rehabilitation for the City of Oak Park Heights, Minnesota. ' ARTICLE 3— ENGINEER 3.01 The Project has been designed by Bonestroo (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 connection with the completion of the Work in accordance with th ' Contract Documents. e ARTICLE 4— CONTRACT TIMES 4.01 Time of the Essence 1 A. All time limits for Milestones, if any, Substantial Completion, and completion Payment as stated in the Contract Documents are of the essence of the Contract readiness for Final I4.02 Dates for Substantial Completion and Final Payment A. The Work shall be Substantially Completed following an 8-week construction period of the Contractor's choosing of two different time periods. The 8-week construction period shall begin no sooner than May 1, 7 2011 and be completed no later than June 30, 2011 or the Contractor may choose the second period which shall begin no sooner than August 1, 2011 and be I later than September 30, 2011. Substantial Completion shall be no later than 8 weeks. The start date of construction shall be agreed upon prior to Work and indicated on the Bid Form what time period is preferred. The Work shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions 60 days after the Substantial Completion date, but in no I case shall be after October 30, 2011. 4.03 Liquidated Damages IA. Contractor and Owner recognize that time is of the essence of this suffer financial loss if the Work is not completed within the times spec ified nnPa Paragraph o 02 wner will I above, plus 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 1 ©2011 Bonestroo 1 000055-11173-0 AGREEMENT FORM 005210-1 I 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 Owner$1,000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete for the first 10 days and then $2,000 for each additional day 1 after. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner$1,000 for each day that expires after the time specified in Paragraph I 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5— CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached for Unit Price Work set forth as of the Effective Date o he Aglreement are bas dton esti6 aped es quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. i B. Original Contract Amount is based on the Total Base Bid and Alternate No. 2 for the amount of Three Hundred Fifty-Three Thousand Five Hundred Dollars and No Cents ($353,500.00). 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 I A. Owner shall make progress payments on account of the Contract Price on the basis of 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 ymets previously made and less such amounts as Engineer may determine or Owner ay withhold,including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 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). 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 200 percent of Engineer's estimate of the value of Work to be completed or corrected as I ©2011 Bonestroo i 000055-11173-0 AGREEMENT FORM 005210-2 I 111 shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment 111 A. Upon Final Completion and acceptance 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. IARTICLE 7— INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest I at the maximum rate allowed by law at the place of the Project. ARTICLE 8— CONTRACTOR'S REPRESENTATIONS t8.01 In order to induce Owner to enter into this Agreement, Contractor makes representations: Contrt the following IA. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. II B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. I 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 Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable"technical data,"and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable"technical data." 1 E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from I visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of I construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. I F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. I G. Contractor is aware of the eneral nature e of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I I ©2011 Bonestroo 1 000055-11173-0 AGREEMENT FORM 005210-3 I IH. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms I and conditions for performance and furnishing of the Work. 3. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 9— CONTRACT DOCUMENTS I9.01 Contents I A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: 500,000 Gallon Water Tower No. 2 Rehabilitation. ' 7. Addenda (None). 8. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid Form. ' b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). I B. The documents listed in Paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above). C. 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 provided in Paragraph 3.04 of the General Conditions. ARTICLE 10—MISCELLANEOUS ' 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the ISupplementary Conditions. 10.02 Assignment of Contract 1 A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be Iassigned without such consent(except to the extent that the effect of this restriction may be I ©2011 Bonestroo I 000055-11173-0 AGREEMENT FORM 005210-4 I limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns ' A. Owner and Contractor each binds itself,the other party hereto, its partners, ucce successors, gns,sand legal grepresentat representatives nrespeatl to ' all covenants, agreements, and obligations contained in the Contract Documents. respect to 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable u or Regulation shall be deemed stricken and all remaining nder any Law binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to ' replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice"means an intentional misrepresentation of facts made(a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b)to establish Bid or Contract prices at artificial non-competitive levels, or(c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or ' their property to influence their participation in the bidding process or affect the execution of the Contract. I I I I I ©2011 Bonestroo 1 000055-11173-0 AGREEMENT FORM 005210-5 I IN WITNESS WHEREOF, Owner and Contractor have IN to WHEREOF,and COwrar .and All delivered identified by signed this Agreement. Counterparts sig have have portions of the Contract Documents have been signed or have Y wner and Contractor or on their behalf. This Agreement will be effective on a been of the Agreement). 7 v 2_ (which is the Effective Date Owner; Contractor: City o Heights,hts By 9 , Minnesota Odland Protective Coatings, Inc. By: A .st: Address Attest: A'ateeeVje,-.4 ss for giving notices: G/e - �.�. Address for giving notices: SriP S,1 �� " o,Li License No.• (Where Applicable) Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Address: Phone: fFacsimile: Phone: Facsimile: END OF SECTION ROVED = _ I OR M. City Attorney 4. i ©2011 BonestrooI 000055-11173-0 AGREEMENT FORM 005210-( PERFORMANCE BOND I: Any singular reference to Contractor, Surety,Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): I ICONTRACT Date: Amount: Description(Name and Location): I BOND ond Number: Date(Not earlier than Contract Date): Amount: Modifications to this Bond Form: 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. ICONTRACTOR AS PRINCIPAL SURETY Company: Seal (Seal) Name and Title:Signature: (Seal) Surety's Name and Corporate Seal Name By: Signature and Title (Attach Power of Attorney) I (Space is provided below for signatures of additional parties,if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: I gnature: (Seal)Seal (Seal) Name and Title: Surety's Name and Corporate Seal Name ' I By: Signature and Title (Attach Power of Attorney) I 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. I I00 61 13.13-1 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 111 executors,administrators,successors,and assigns to Owner for the performance of the Surety elects to act under Paragraph 4.1,4.2,or 4.3 above,then the responsibilities of Contract,which is incorporated herein by reference. Surety to Owner shall not be greater than those of Contractor under the Contract,and the 2. If Contractor performs the Contract, Surety and Contractor have no obligation the Contract.�hTo a limit f the amount oflthis tBond,but subje to to commitment nt by under this Bond,except to participate in conferences as provided in Paragraph 3.1. Owner of the Balance of the Contract Price to mitigation of costs and damages on the 3. If there is no Owner Default,Surety's obligation under this Bond shall arise after: Contract,Surety is obligated without duplication for: 3.1. Owner has notified Contractor and Surety,at the addresses described in 6.1. The responsibilities of Contractor for correction of defective Work and Paragraph 10 below, that Owner is considering declaring a Contractor completion of the Contract; Default and has requested and attempted to arrange a conference with 6.2. Additional legal, design professional, and delay costs resulting from Contractor and Surety to be held not later than 15 days after receipt of Contractor's Default, and resulting from the actions or failure to act of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable Surety under Paragraph 4;and time to perform the Contract, but such an agreement shall not waive 6.3. Liquidated damages, or if no liquidated damages are specified in the Owner's right,if any,subsequently to declare a Contractor Default;and Contract, actual damages caused by delayed performance or non- 3.2. Owner has declared a Contractor Default and formally terminated performance of Contractor. Contractor's right to complete the Contract. Such Contractor Default shall 7. Surety shall not be liable to Owner or others for obligations of Contractor that are not be declared earlier than 20 days after Contractor and Surety have unrelated to the Contract,and the Balance of the Contract Price shall not be reduced or received notice as provided in Paragraph 3.1;and set off on account of any such unrelated obligations. No right of action shall accrue on athis dministrators Bond to,or any successors.person or entity other than Owner or its heirs, executors, 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change,including changes of time,to Contract 2. Another contractor selected pursuant to Paragraph 4.3 to perform the or to related subcontracts,purchase orders,and other obligations. Contract. 9. Any proceeding,legal or equitable,under this Bond may be instituted in any court of 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and located and nshall be instituted within two years aftertContractor Def Default or within two at Surety's expense take one of the following actions: years after Contractor ceased working or within two years after Surety refuses or fails 4.1. Arrange for Contractor,with consent of Owner,to perform and complete this paragraph bar'eavoid ordprohibitted by law,ethe minimum period of limitation of the Contract;or available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself;through its agents 10. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address or through independent contractors;or 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 the to Owner for a contract for performance and completion of the Contract, 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 I performance and payment bonds executed by a qualified surety equivalent herein. The intent is that this Bond shall be construed as a statutory bond and not as a to the bonds issued on the Contract, and pay to Owner the amount of common law bond. damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 12. Definitions. 4.4. Waive its right to perform and complete,arrange for completion,or obtain 12.1 Balance of the Contract Price: The total amount payable by Owner to I a new contractor and with reasonable promptness under the circumstances: Contractor under the Contract after all proper adjustments have been made,including allowance to Contractor of any amounts received or to be 1. After investigation,determine the amount for which it may be liable to received by Owner in settlement of insurance or other Claims for damages Owner and, as soon as practicable after the amount is determined, to which Contractor is entitled,reduced by all valid and r ments tender payment therefor to Owner;or made to or on behalf of Contractor under the Contract. proper Pay 2. Deny liability in whole or in part and notify Owner citing reasons 12.2. Contract:The agreement between Owner and Contractor identified on the therefor. signature page,including all Contract Documents and changes thereto. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, 12.3. Contractor Default: Failure of Contractor, which has neither been Surety shall be deemed to be in default on this Bond 15 days after receipt of an remedied nor waived,to perform or otherwise to comply with the terms of additional written notice from Owner to Surety demanding that Surety perform its the Contract. obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner 12.4. Owner Default: Failure of Owner, which has neither been remedied nor refuses the payment tendered or Surety has denied liability, in whole or in waived,to pay Contractor as required by the Contract or to perform and part,without further notice Owner shall be entitled to enforce any remedy available to complete or comply with the other terms thereof. Owner. I FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker I Owner's Representative(engineer or other party) I 1 00 61 13.13-2 1 PAYMENT BOND I: Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): OWNER(Name and Address): I CONTRACT I Date: Amount: Description(Name and Location): I BOND Bond Number: Date(Not earlier than Contract Date): IAmount: Modifications to this Bond Form: 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. ICONTRACTOR AS PRINCIPAL SURETY Company: I (Seal) Signature: (Seal)Name and Title: Surety's Name and Corporate Seal By: I Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional I parties,if required.) Attest: Signature and Title ICONTRACTOR AS PRINCIPAL SURETY Company: I (Seal) Signature: (Seal)Name and Title: Surety's Name and Corporate Seal By: II Signature and Title (Attach Power of Attorney) I Attest: Signature and Title: IEJCDC 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 I00 61 13.16-1 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 2. With respect to Owner,this obligation shall be null and void if Contractor: subject to to Owner's priority t obligations e the funds fora the completion f the Work. Bond, 2.1. Promptly makes payment, directly or indirectly, for all sums due 9. Surety shall not be liable to Owner, Claimants,or others for obligations of Claimants,and Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall 2.2. Defends, indemnifies, and holds harmless Owner from all claims, have under this Bond no obligations to make payments to,give notices on behalf demands, liens, or suits alleging non-payment by Contractor by any of,or otherwise have obligations to Claimants under this Bond. person or entity who furnished labor,materials,or equipment for use in the performance of the Contract,provided Owner has promptly notified 10. Surety hereby waives notice of any change,including changes of time,to the Contractor and Surety(at the addresses described in Paragraph 12)of Contract or to related Subcontracts,purchase orders and other obligations. any claims, demands, liens, or suits and tendered defense of such claims,demands,liens,or suits to Contractor and Surety,and provided 11. No suit or action shall be commenced by a Claimant under this Bond other there is no Owner Default. 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) 3. With respect to Claimants,this obligation shall be null and void if Contractor on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph promptly makes payment,directly or indirectly,for all sums due. 4.2.3,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction 4. Surety shall have no obligation to Claimants under this Bond until: Contract,whichever of(1)or(2)first occurs. If the provisions of this paragraph are void 4.1. Claimants who are employed by or have a direct contract with sureties s a defense in the jurisdiction f the suit shall be applicable,available to Contractor have given notice to Surety(at the addresses described in Paragraph 12)and sent a copy,or notice thereof,to Owner,stating that 12. Notice to Surety, Owner,or Contractor shall be mailed or delivered to the a claim is being made under this Bond and,with substantial accuracy, addresses shown on the signature page. Actual receipt of notice by Surety, the amount of the claim. Owner,or Contractor,however accomplished, shall be sufficient compliance as 4.2. Claimants who do not have a direct contract with Contractor: of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement 1. Have furnished written notice to Contractor and sent a copy, or in the location where the Contract was to be performed, any provision in this notice thereof,to Owner,within 90 days after having last performed Bond conflicting with said statutory requirement shall be deemed deleted labor or last furnished materials or equipment included in the claim herefrom and provisions conforming to such statutory requirement shall be stating,with substantial accuracy, the amount of the claim and the deemed incorporated herein. The intent is that this Bond shall be construed as a name of the party to whom the materials or equipment were statutory Bond and not as a common law bond. furnished or supplied, or for whom the labor was done or performed;and 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall 2. Have either received a rejection in whole or in part from Contractor, permit a copy to be made. or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated 15. DEFINITIONS the claim will be paid directly or indirectly;and 15.1. Claimant: An individual or entity having a direct contract with 3. Not having been paid within the above 30 days,have sent a written Contractor, or with a first-tier subcontractor of Contractor, to furnish notice to Surety and sent a copy,or notice thereof,to Owner,stating labor, materials, or equipment for use in the performance of the that a claim is being made under this Bond and enclosing a copy of Contract. The intent of this Bond shall be to include without limitation the previous written notice furnished to Contractor. in the terms "labor, materials or equipment" that part of water, gas, power,light,heat,oil,gasoline,telephone service,or rental equipment 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to used in the Contract,architectural and engineering services required for Contractor or to Surety,that is sufficient compliance. performance of the Work of Contractor and Contractor's Subcontractors,and all other items for which a mechanic's lien may be 6. When a Claimant has satisfied the conditions of Paragraph 4,the Surety shall asserted in the jurisdiction where the labor, materials, or equipment promptly and at Surety's expense take the following actions: were furnished. 6.1. Send an answer to that Claimant,with a copy to Owner,within 45 days 15.2. Contract:The agreement between Owner and Contractor identified on after receipt of the claim, stating the amounts that are undisputed and the signature page, including all Contract Documents and changes the basis for challenging any amounts that are disputed. thereto. 6.2. Pay or arrange for payment of any undisputed amounts. 15.3. Owner Default:Failure of Owner,which has neither been remedied nor 7. Surety's total obligation shall not exceed the amount of this Bond, and the waived,to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. amount of this Bond shall be credited for any payments made in good faith by Surety. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker: Owner's Representative(engineer or other party): 111 I 00 61 13.16-2 ' STANDARD GENERAL CONDITIONS I OF THE I CONSTRUCTION CONTRACT Prepared by IENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE I and Issued and Published Jointly By ACEC National Society at =� Professional Engineers., _ , Pow I1w:aua,f in xuen lv.}slrei'a:C weaa,�i fa t EfigliteerS in Private Practice Ad*t $00{is4 a#Crab I PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS IAMERICAN COUNCIL OF ENGINEERING COMPANIES IAMERICAN SOCIETY OF CIVIL ENGINEERS IThis document has been approved and endorsed by cr, I 4 0. rru.nisrr LEarturz IIThe Associated General Contractors of America Knowledge for Cr"ing the Built Environment IConstruction Specifications Institute I I I EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 I i i I 1 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 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and 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). EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 I 1 TABLE OF CONTENTS Page I 6 ARTICLE 1 -DEFINITIONS AND TERMINOLOGY I 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2-PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 I 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 9 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 10 I 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 I 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS I ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 I 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 I ARTICLE 5 -BONDS AND INSURANCE 14 5.01 Performance,Payment, and Other Bonds 14 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 16 I 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 17 5.10 Partial Utilization,Acknowledgment of Property Insurer 18 I 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 18 6.05 Substitutes and "Or-Equals" 19 6.06 Concerning Subcontractors, Suppliers, and Others 20 I 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 21 I 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 6.13 Safety and Protection 22 I 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 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 I 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 Contractor's General Warranty and Guarantee 24 I 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 I 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 I 8.04 Pay When Due 26 8.05 Lands and Easements;Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 I 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 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site 27 I 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 I 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 I 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 -COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 30 I 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 I 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 I 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 I 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 I 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 38 14.06 Final Inspection 38 I 14.07 Final Payment 39 14.08 Final Completion Delayed 39 14.09 Waiver of Claims 39 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 39 I 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 40 15.03 Owner May Terminate For Convenience 40 I15.04 Contractor May Stop Work or Terminate 41 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 I 17.05 Controlling Law 41 17.06 Headings I I I I I 1 I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS 9. Change Order--A document recommended g ecommended 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) corn- 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 submitted on the prescribed form setting forth the prices whom Owner has entered into the Agreement. for the Work to be performed. 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 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. , EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 1 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 duration of the activities comprising the Contractor's plan the Contract Times. to accomplish the Work within the Contract Times. 21. General Requirements--Sections of Division 33. Project--The total construction of which the 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. 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 I danger to persons or property exposed thereto in contained in the table(s)of contents. connection with the Work. 35. Radioactive Material--Source, special nucle- 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. amended from time to time. I 36.Related Entity--An officer,director,partner, 24.Laws and Regulations;Laws or Regulations 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 I 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 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 I 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. compliance by the Successful Bidder with the conditions I 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 I 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 41. Shop Drawings--All drawings, diagrams, Contract Documents. 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 II 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 30.PCBs--Polychlorinated biphenyls. Documents as being furnished by Owner upon which the I 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 kerosene, and oil mixed with other non-Hazardous Waste Documents consisting of written requirements for I 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 i 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 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 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 49. Underground Facilities--All underground duty or authority to undertake responsibility contrary to 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. II 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 1 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 1. The word"furnish," when used in connection at any time within 30 days after the Effective Date of the with services, materials, or equipment, shall mean to Agreement. In no event will the Contract Times com- 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 Bid opening or the thirtieth day after the Effective Date of or installation and in usable or operable condition. the Agreement,whichever date is earlier. 2. The word "install," when used in connection 2.04 Starting the Work with services, materials, or equipment, shall mean to put A. Contractor shall start to perform the Work on into use or place in final position said services, materials, 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 equipment complete and ready for intended use. A. Preliminary Schedules: Within 10 days after 111 4. When"furnish," "install," "perform," or"pro- the Effective Date of the Agreement (unless otherwise 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- 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; used in the Contract Documents in accordance with such 2.a preliminary Schedule of Submittals;and recognized meaning. 3. a preliminary Schedule of Values for all of the 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 2.06 Preconstruction Conference required to furnish. 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 understanding among the parties as to the Work and to identified in the Supplementary Conditions,certificates of discuss the schedules referred to in Paragraph 2.05.A, insurance (and other evidence of insurance which either procedures for handling Shop Drawings and other of them or any additional insured may reasonably request) submittals, processing Applications for Payment, and which Contractor and Owner respectively are required to maintaining required records. purchase and maintain in accordance with Article 5. 2.02 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 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 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. 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 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 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. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, any Contractor conflict, error, ambi report or di cre toy which AMENDING,REUSE ambiguity, or discrepancy which 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 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 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 provisions sole risk. If there is a discrepancy between the electronic (unless such an interpretation of the p files and the hard copies,the hard copies govern. of the Contract Documents would result in viola- tion of such Law or Regulation). B. Because data stored in electronic media Supplementing Contract format can deteriorate or be modified inadvertently the or 3.04 Amending and Supp g otherwise without authorization of the data's creator, Documents 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 the receiving party shall be deemed to have accepted the provide for additions,deletions,and revisions in the Work data thus transferred. Any errors detected within the 60- or to modify the terms and conditions thereof by either a day acceptance period will be corrected by the ai I Change Order or a Work Change Directive. transferring party.. B. The requirements of the Contract Documents C When transferring documents in electronic supplemented, and minor variations and makes no may be Supp media format, the transferring party deviations in the Work may be authorized,by one or more compatibility,usability,or representations as to long term comp tY> ty� of the following ways: readability of documents resulting from the use of software application packages, operating systems, or 1.A Field Order; computer hardware differing from those used by the 2. Engineer's approval of a Shop Drawing or data's creator. 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; HAZARDOUS ENVIRONMENTAL CONDITIONS; clarification. REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier 4.01 Availability of Lands or other individual or entity performing or furnishing all A Owner shall furnish the Site. Owner shall of the Work under a direct or indirect contract with notify Contractor of any encumbrances or restrictions not Contractor,shall 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 other documents(or copies of any thereof)prepared by or for easements for permanent structures or permanent the seal of Engineer or Engineer's consultants, changes in istinonf facilities.If tonorcto the amount or are bearing including unable to agree including electronic media editions;or 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 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. B. Upon reasonable written request,Owner shall B. The prohibition of this Paragraph 3.05 will title furnish d legal description of the lands nupon record the Contractor with a current survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining necessary o for giving notice of o filing a mechanic's copies of the Contract Documents for record purposes. construction lien against such lands in accordance 3.06 Electronic Data applicable Laws and Regulations. 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 g construction facilities or storage of materials Engineer that may be relied upon are limited to the temporary 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 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 Contact. Copyright©2002 National Society of Professional 1 Engineers for EJCDC. All rights reserved. 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially A. Reports and Drawings: The Supplements from conditions ordinarily encountered and generally Conditions identify: rY recognized as inherent in work of the character provided 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; and physical conditions or performing any Work in connec- 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 contiguous to the Site (except Underground Facilities) such condition or perform any Work in connection that Engineer has used in preparing the Contract order to (except as aforesaid) until receipt of written Documents. order to do so. B. Limited Reliance by Contractor on Techni B. Engineer's Review: After receipt of Data Authorized. Contractor may rely upon the general notice as required by Paragraph 4.03.A, Engineer will accuracy of the "technical data"contained in such� promptly review the pertinent condition, determine the reports and drawings, but such reports and drawing are not necessity of Owner's obtaining additional exploration or Contract Documents. Such "technical data" i�identified tests with respect thereto, and advise Owner in writing in the Supplementary Conditions.Except for such reliance cWith a copy to Contractor) of Engineer's findings and on such"technical data,"Contractor may not rely upon or conclusions. make any claim against Owner or Engineer, or any of their Related Entities with respect to: C.Possible Price and Times Adjustments 1. the completeness of such reports and drawings 1. The Contract Price or the Contract Times, or for Contractor's g both, will be equitably adjusted to the extent that the any for aspects of purposes, including, but not limited to, existence of such differing subsurface or physical 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 2. other data, interpretations, opinions, and a. such condition must meet any one or more of information contained in such reports or shown or the categories described in Paragraph 4.03.A; indicated in such drawings;or and 3. any Contractor interpretation of or conclusion b. with respect to Work that is paid for on a Unit drawn from any "technical data" or any such other data, Price Basis, any adjustment in Contract Price interpretations,opinions,or information. will be subject to the provisions of Paragraphs 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 1. is of such a nature as to establish that any commitment to Owner with respect to Contract "technical data" such ch a nature Contractor is entitled to t rely as Price and Contract Times by the submission of a provided in Paragraph 4.02 is materially inaccurate;or Bin or becoming bound under a negotiated contract;or 2. is of such a nature as to require a change in the Contract Documents;or b. the existence of such condition could reasonably have been discovered or revealed as a 3. differs materially from that shown or indicated result of any examination, investigation, explo- in the Contract Documents;or ration, test, or study of the Site and contiguous 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 1 Ic. Contractor failed to give t required by Paragraph to 4 ive the written notice as promptly review the Underground Facility and determine the extent, if any, to which a change is required in th 3. If Owner and Contractor are unable to agree Contract Documents to reflect and document the on entitlement to or on the amount or extent, if any, of consequences of the existence or location of the Under- on adjustment to the the Price or Contract Times, or both, a Y responsible for the safety and protection Facility. During such time, otection shall such Claim may be made therefor as provided in otection of such Underground Facility. Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor 1 for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers,architects, 2. If Engineer concludes that a change in the attorneys, Contract Documents is required, a Work Change Y , and other professionals and all court or Directive or a Change Order will be issued to reflect and arbitration or other dispute resolution costs) sustained b Contractor on other r in dispute tree with o any other project document such the Contract An or Contract adjustment T Times, or Y shall to made in the Contract Price or Contract Times,the anticipated project. both, to the extent that the existence or location of any they de oun Facility y to ht 4.04 Underground Facilities was not shown or indicated or not shown or indicated that with reasonable accuracy in the Contract Documents and A.Shown or Indicated. The information and data that Contractor did not know of and could not reasonably shown or indicated in the Contract Documents with have been exndcted to be or aware are of or to e have to angree on respect to existing If Owner and contiguous to the Site is Underground information Facilities anatdata Contractor are unable to agree on furnished to Owner or Engineer by the owners of such entitlement to or on the amount or extent, if a such adjustment in Contract Price or Contract Times, 1 Underground Facilities, including Owner, or b Unless it is otherwise expressl Owner or Contractor may make a Claim therefor as by others. provided in Paragraph 10.05. Sup- plementary Conditions: Y provided in the Sup- 4.05 Reference Points for the a. Ocy or completeness ir sh of any not h be responsible or data;and information A. Owner shall provide engineering surveys to establish reference points for construction which in 2. the cost of all of the following Engineer's judgment are necessary to enable Contractor included in the Contract Price, and Contractor shall have to proceed with the Work. Contractor shall be responsible owing will be for laying full responsibility for: Y g out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior a. reviewing and checking all such information written a and data, approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation b. locating all Underground Facilities shown or because of necessary b. locating in the Underground Documents, rY changes in accurate replacement lacem n and shall be responsible for the accurate replacement or relocation of such reference c. coordination of the Work with the owners of monuments by Points or property such Underground Facilities, including y Professionally qualified personnel. during construction,and g Owner, 4.06 Hazardous Environmental Condition at Site I d. the safety and protection of all ground Facilities and repairing such Under- A. Reports and Drawings: Reference is made to thereto resulting from the Work. the Supplementary Conditions for the identification of g any damage those reports and drawings relatin Ili Environmental Condition identified at heo a Hazardous B.Not Shown or Indicated have been utilized by the Engineer in the preps at o,n of the Contract Documents. 1. If an Underground Facility I revealed at or contiguous to the Site which sw s uncovered or or indicated, or not shown or indicated with reasonable B. Limited Reliance by Contractor on Technical shoviin Data Authorized: Contractor may rely upon the general accuracy in the Contract Documents, Contractor shall, accuracy of the "technical data"contained in such reports promptly accuracy in after becoming aware Documents,and Contractor further and drawings, but such reports and drawings are not disturbing conditions affected thereby or performing n Contract Documents. Such "technical Ex al data" is identified reliance Work in connection therewith(except in an emergency as g Y in the Supplementary"technical data,"a,"Contractor or may not rely upon required by Paragraph 6.16.A), identify the owner of such on such tec aim da pst C w Owner o r may not rely upon or Underground Facility and give written notice to that make any claim against Owner or Engineer, or an owner and to Owner and Engineer. their Related Entities with respect to: g Engineer will any of EJCDC C-700 Standard General Conditions of the Copyright p 2002 National Socie Construction Contract. ty of Professional Engineers for EJCDC. All rights reserved. 00700-13 of an I reports and drawings entitlement to or on the amount unt retract Times if fs n a of an 1.the completeness of such p adjustment T m s as a party > including, but not limited to, of deleting such portion of the Work, , ues,sequences provided then in Paragraph for Contractor's purposes, may make a Claim therefor as portion of the Work and aspects procedures the means,methods,techniques,employed by have such deleted p incident 10.05. Owner may thereto;to;oedures of construction to be emp performed by precautions and programs Owner's own forces or others in accordance Contractor and safety p with Article 7. thereto;or Laws and interpretations, opinions and G. To,the fullest extent permitted by 2, other data, Owner shat indemnify and hold aws and reports or shown or Regulations, and Engineer, harmless the information contained in such rep Contractor, Subcontractors, agents, e s,or partners, employees, indicated in such drawings; officers, directors, Contractor interpretation such ch or other data, consultants, and subcontractors of each to losses, and of them 3• any such other data, against all claims, costs, es of "technical data" or any from and ag drawn from any (including but not limited to all fees and chges o interpretations,opinions or information. s and other professionals responsible for any engineers, architects, attorneys,C. Environmental shall ont ti resp vered or re- and all court or arbitration or other dispute resolution costs) arising out of or relating Environmental arising Condition, provided that such Hazardous Hazardous Environmental Condition uncovered was not shown or indicated vetted at the Site ificationsaorn identified in the iContdract Environmental Condition: (i) Drawings oc or Specifications Specifications w ions os identified in the Hazardous in the Drawings or Sp Documents to be within the nsible scope or of the Work. Contractor or by shall be responsible materials Contract Documents to be included within the scope of Environmental the Work,Documents (ii) was be created by broughtmto t Condition cContractor, Subcontractors, brought , the Site by Contractor is anyone for h o 0 Contractor shal obligate responsible. Nothing in respo anyone else for whom this Paragraph Owner against the conify Suppliers, or any from and responsible. any individual or entity ,sown negligence. Hazardous quences of that individual's or entity anyone for H. To the fullest extent permitted by Laws and D. If Contractor encounters a and hold whomnCont Contractor Condition or if Contractor or any Regulations, Coe fullest Shan indemnify directors,d whom Contractor is responsible creates a Hazardous harmless Owner and Engineer, and the officers, and Contractor shall immediately: agents, consultants, Environmental Condition, (ii) stop all partners, employees, g against W (i)ork secure or connection isolate such such condition;in p subcontractors of each and any of them from and ag any and damages of t (romdind but not area Work in connection with such conditand required by losses, architects, c in an emergency ineer all claims, costs, es of engineerd affected thereby (except and (iii) notify Owner and Engineer limited to all fees and charges(and promptly tly thereafter attorneys,to and other professionals god all court uts, romptly confirm such Engineer nonce in writing). arising (and p consult with Engineer concerning Owner shall promptly ert to arbitration or other dispute resolution costs or ualified expert or relating to a Hazardous Environmental Condition ii the necessity for Owner to retain a q Contractor or by anyone for whom Contractor created by in this paragraph 4.06.H shall evaluate such condition or take corrective action,if any• is responsible. Nothing any individual or entity required to resume obligate Contractor to indemnify y E. Contractor such not d t req affected tract the consequences of that individual's entity or required permits from and against Work in connection with such condition or in any entity's own negligence. reea unth after Owner has dbtaiCed any q ra hs 4.02, 4.03, and related thereto and delivered to Contractor affected area is I. The provisions of Parag p or(i) specifying that such condition and any resumption of Work; or 4.04 do not apply to a Hazardous Environmental (ii)has been rendered any safe aloconditions munder which such rn resumed special If Owner and Contractor Condition uncovered or revealed at the Site. (ii) specify g any Work may be resumed safely. cannot agree as to entitlement �n Contract Price or ARTICLE 5 -BONDS AND INSURANCE extent, if any, of any Contract Times, or both, as a result of such Work stop- page or such special conditions under which ormay went, and Other Bonds by Contractor, either party 5.01 Performance,Pay make Cto laim i resumed as provided in Paragraph 10.05. A. Contractor shall furnish performance and make a Claim fheaefor asp equal to the I payment bonds, each in an amount at leae�fo�ance and F.does not receipt u such written based notice for amount faithful l p a reasons does not agree is unsafe,resume such does not agree to Contract Price as security or does not ag then payment of all of Contractor's obligations under the a reasonable such Work it is unsafe,special conditions, becomes resume such r erk the portion such sP Work that is in the Contract Documents. These bonds shall remain in effect re ortion of the W until one year after the date when final payment ried b becomes Owner may order the p completion of the correction p area . If by such condition to cannot notetagrfro a the due or until comp Work. If Owner and Contractor cannot ag rights reserved. of Professional Engineers for EJCDC. All rig EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society 00700-14 in Paragraph 13.07, whichever ' otherwise by is later, except as provided from claims set forth below which may arise o y Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other result from Contractor's performance of the Work and bonds as are required Contractor by the Contract Documents. out of or Contractor's other obligations under d Documents, whether it is to be performed b the Contract the Contract All in the provided prescribed by Y Contractor,or any Subcontractor or Supplier, or by Y indirectly employed by any of them to perform any ay the Laws or Regulations, and shall be executed otherwise by sureties as are named in the current list of "Companies y sueh Work, or by anyone for whose acts any of them may be Holding Certificates of Authority liable: on Federal Bonds and as Acceptable Reinsuring Compas disability Hies"Federal l Bonds id as Circular Acceptable ble (amended) by claims under workers' compensation, Financial Management Service, Surety ) Y the ' benefits, and other similar employee benefit Department of the Treasury. �'Bond Branch, U.S. acts; must be accompanied by a ll bonds d signed by an agent authority to act. copy of the agent's occupational llsicicness oradis�asebor death obContran ury, employees; Contractor's C. If the surety on an Contractor is declared surety any bond furnished by its right Contractor is business a is terminated por n any state where 3 claims for damages because of bodily in u any part of the Project is located or it ceases to meet th sickness or disease, or death of any Y ry' requirements of Paragraph Contractor's employees; Y person other than g p 5.01.B, e promptly noti Contractor shall fy Owner and Engineer and shall, within 20 4• claims for damages insured b days after the event giving rise to such notification, provide another bond and sure available personal in' by reasonably faired: 1m3'liability coverage which are sus- comply with the requirements of Paragraphs 5.01 Bsand 5.02. a. by any person as a result of an offense directly 5.02 or indirectly related to the employment of such Licensed Sureties and Insurers person by Contractor,or Lic Contract Documents to be purchased and maintained by b by any other person for any other reason; Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized 5• claims for damages, other than to the Work in u e insurance comp jurisdiction in which the duly licensed is located to sized itself, because wherever er of injury to lu or destruction of en tangible bonds or insurance policies for the limits and coverages property wherever located, including loss of use resulting so required. Such surety and insurance companies shall therefrom;and also meet such additional requirements and qualifications 6.claims for damages because of bodily injury or as may be provided in the Supplementary Conditions. death of any person or property use damage motor for ve out of the 5.03 ownership maintenance or use of any motor vehicle. Certificates of Insurance ilA. Contractor shall deliver to Owner,with copies B The policies of insurance required by this to each additional insured identified in the Supplementary Paragraph 5.04 shall: Conditions, certificates insured insurance (and other evidence Conditions,nditionce requested by 1• with respect to insurance inclusive,required by y Owner or any other additional Paragraphs 5.04.A.d through 5.0ny c inclusive, include insured) which Contractor is required to purchase and as additional insured (subject to any customary exclusion maintain. regarding professional liability) any other individuals or entities identified in the Su and B. Owner shall deliver to Contractor,with copies mentary Conditions, all of whom shall be listed suaddi- to each additional insured identified in the Supplements tional insureds, and include coverage for the respective Conditions, certificates insured d insurance (and other evidence C insurance c requested by Supplementary officers, directors,subcontractors partner o y Contractor or any consultants and subcontractors sueach and any�of to use other additional insured) which Owner is required to purchase additional insureds, and the insurance afforded to these and maintain. additional insureds shall provide rime 5.04 claims covered thereby; p primary coverage for all Contractor's Liability Insurance A. Contractor shall purchase and maintain such 2. include at least the specific coverages and be written for not less than the limits of liability provided in liability and other insurance as is appropriate the Supplementary for the Work being performed and as will provide protection Regulations,whichever nisg eater; required b y Laws or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 on a Builder's Risk "all-risk" or 2. be written Builder's form that shall 3.include completed operations insurance; open peril or special causes of s loss or damage to insurance at least include insurance for physical l work, and damage the Work,temporary buildings, against at least 4, include contractual liability obligations under lightning, and equipment in transit, and shall insure ag covering Contractor's indemnity perils or causes of loss: fire, Paragraphs 6.11 and 6.20; the following P e theft, vandalism and malicious extended coverage, theft, collapse, debris removal, provision or endorsement that the mischief, earthquake,5. contain a p materially lapse de s Laws and e afforded will not be at least demolition occasioned by (other than enforcement of caused a flood) coverag days prior water damage,ed or renewal refused until at least and day P Regulations, be s ecidi) changed given to Owner and Contractor and such other perils or causes of loss as may P written notice has been g Lady required c other by the Supplementary r causes o loss ss as may and to each otheonditions t insured whom lac certificate the of incurred in the repair or Supplementary C and the certificates of 3, include expenses but not insurance has been issued (and pursuant to insured property (including the Contractor p replacement of any ier yrs and architects);(including u insurance furnished brovide); Paragraph 5.03 will so p limited to fees and charges of erg payment 4, cover materials and equipment stored at the may be 6. remain in effect fte at when Contractor o final provided at all removing,thereafter when e ve Work in Site or at another location that ag agreed to in writing by and or replacing defective Owner prior to being incorporated removing, that such materials and equipment have been included in correcting, rah 13.07;and Engineer; accordance with Paragraph an Application for Payment recommended by g completed operations in���- 7, with respect to compe written on a claims- 5, allow for partial utilization of the Work by ante, and any insurance coverage years after made basis, remain in effect for at least two Owner; final payment. 6.include testing and startup;and Contractor shall furnish Owner and each other din effect until final payment is a. C 7. be maintained additional insured identified in the Supple- made unless otherwise agreed to in writing payment Owner, rnsuran has Mons, to whom a certificate of insurance has been issued,such additional oriel insured of Contractor, and Engineer with 30 days written notice to to Owner and any continuation of such insurance at fin al payment each other additional insured to whom a certificate of insurance has been issued. and one year thereafter. 5.05 purchase and maintain such boiler and machinery insurance or additional property Owner's Liability Insurance B. Owner shall p insurance as may be required by the Supplementary required to be Regulations which will include Owner, at Conditions or Laws and Reg A. In addition to the insurance 5 04, Contractor, Subcontractors, and Owner's by Contractor may uchar Paragraph the interests of Owner, may purchase and maintain at Owner's Engineer, and any other individuals or entities identified Owner's option, ty protect ny of individuals s and the officers, operations in the Supplementary C agents, consultants and expense Owner's own liability insurance P p directors, partners, employees, Owner against claims which may under the Contract Documents. subcontractors ve anansurablennterest and shall be listed as u deemed to h 5.06 Property Insurance an insured or additional insured. provided in the Supple- C. All the policies of insurance (and the certifi- property A. Unless otherwise P urchase and maintain required nce to(and purchased mentary Conditions, Owner shall purchase cates or other evidence thereof) purchased led property insurance upon the Work at the Site in the and maintained in accordance with Paragraph replacement cost thereof (subject to provision or endorsement that the coved will amount du the full mop contain a p be provided in the Laws and afforded will not be canceled or materially written an notice or such deductible amounts as may Regulations).This insurance shor all:required by renewal refused until at least 30 days prior This insurance shall: has been given to Owner and Contractor and to each other Regulations). additional insured to whom a certificate of insurance has Contractor, s ns insurance actors 1. include the interests of Owner,ther individuals been issued and will contain waiver provisions Engineer, and any dance with Paragraph 5.07. Subcontractors, and Eng Supplementary Conditions, purchasing or entities identified in the ltriers, employees, agents, directors, p of them, D.Owner shall not be responsible or p and the officers, and maintaining any property insurance specified in this ii each of w consultants and subcontractors ee ed to of each and any and mash n n any protect prope the interests e Contractor, each of whom is do insured or easel oval insured; and Subcontractors, or others in the Work to the extent of any shall be listed as a EJCDC C-700 Standard General Conditions of the Construction Contract.of Professional Engineers for EJCDC. All rights reserved. Copyright©2002 National Society 00700-16 loss of use, business interruption, lo deductible amounts that are identified in the Supple- 1. loss due to bu or other consequential loss extending beyond direct mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, caused b arisin physical loss or damage u the Work g out of, or resulting from Owner's property to fire or other Subcontractors, or others suffering any such loss, and if perils whether or not insured by Owner;and any of them wishes property insurance coverage within p the limits of such amounts, each may purchase and 2, loss or damage to the completed Project or maintain it at the purchaser's own expense. 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 roe insurance property insurance maintained on the completed Project special insurance be included in the p p rtY or part thereof by Owner during partial utilization policies provided under Paragraph 5.06, Owner shall, if ursuant to Paragraph 14.05,after Substantial Completion possible, include such insurance, and the cost thereof will pursuant to Paragraph 14.04, or after final payment be charged to Contractor by appropriate Change Order. pursuant to Paragraph 14.07. Prior to commencement of the Work at the Site, Owner p shall in writing advise Contractor whether or not such C. Any insurance policy maintained by Owner other insurance has been procured by Owner. covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the 5.07 Waiver of Rights 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 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, agents, consultants and subcontractors of each and any of other individuals or entities identified in the Supple- them. mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, Application of Insurance Proceeds agents, consultants and subcontractors of each and any of 5.08 Receipt and App ' f them) in such policies.and will provide primary coverage A. Any insured loss under the policies of for all losses and damages caused by the perils or causes insurance required by Paragraph 5.06 will be adjusted I of loss covered thereby. All such policies shall contain with Owner and made payable to Owner as fiduciary for provisions to the effect that in the event of payment of the insureds, as their interests may appear, subject to the any loss or damage the insurers will have no rights of requirements of any applicable mortgage clause and of recovery against any of the insureds or additional insureds Paragraph 5.08.B. Owner shall deposit in a separate thereunder. Owner and Contractor waive all rights against Paragr phny money so Owner shall and shall distribute a separate it in each other and their respective officers, directors, accordance with such agreement as the parties in interest partners, employees, agents, consultants and 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 g so received applied on account thereof,and the Work and the perils or causes of loss covered by such policies and the cost thereof covered by an appropriate Change Order. any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, B. Owner as fiduciary shall have power to adjust and Engineer, and all other individuals or entities and settle any loss with the insurers unless one of the identified in the Supplementary Conditions to be listed as arties in interest shall object in writing within 15 days insured or additional insured (and the officers, directors, p suurtne ents, consultants and after the occurrence of loss to Owner's exercise of this p , employees, ag power. If such objection be made, Owner as fiduciary subcontractors of each and any of them) under such Shall make settlement with the insurers in accordance with 1 policies for losses and damages so caused. None of the such agreement as the parties in interest may reach. If no above waivers shall extend to the rights that any party such agreement among the parties in interest is reached, making such waiver may have to the proceeds of Owner as fiduciary shall adjust and settle the loss with the insurance held by Owner as trustee or otherwise payable insurers and, if required in writing by any party in under any policy so issued. interest,Owner as fiduciary shall give bond for the proper B. Owner waives all rights against Contractor, performance of such duties. Subcontractors, and Engineer, and the officers, directors, 5.09 Acceptance of Bonds and Insurance; Option to partners, employees, agents, consultants and Replace subcontractors of each and any of them for: A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions 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. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the received from the superintendent shall be binding on certificates (or other evidence requested) required by Contractor. Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect 6.02 Labor; Working Hours of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably request. If either party does not purchase or maintain all of the bonds and insurance required of such a by the qualified personnel to survey and lay out the Work and Docu- Contract Documents,insurance party party Y perform construction as required by the Contract Docu- p rty 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 a 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 obtain equivalent bonds or insurance to protect such other P P P P rty at d in Site party's interests at the expense of the party or adjacent thereto, and except as otherwise stated in the required to provide such coverage, and a Change Order Contract Documents, all Work at the Site shall be shall be issued to adjust the Contract Price accordingly. performed during regular working hours. Contractor will g Y not permit the performance of Work on a Saturday, 5.10 Partial Utilization, Acknowledgment of Pro P t1 er Sunday, or any legal holiday without Owner's written Insurer consent (which will not be unreasonably withheld) given after prior written notice to Engineer. A. If Owner finds it necessary to occupy or use a 6.03 Services, Materials, and Equipment 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 writing effected any changes in coverage necessitated transportation, construction equipment and machinery, thereby. The insurers providing the roe tools, appliances, fuel, power, light, heat, telephone, P g property rty insurance water, sanitary facilities,temporary facilities,and all other shall consent by endorsement on the policy or policies, but shall the roe facilities and incidentals necessary for the performance, property rty insurance shall not be canceled or permitted to lapse on account of any such partial use or testing,start-up,and completion of the Work. occupancy. B.All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including A. Contractor shall supervise, inspect, and direct quality of materials nd es uipmeo the source, kind, and the Work competently and efficiently, devoting such q P nt. attention thereto and applying such skills and expertise as C. All and may be necessary to perform the Work in accordance with applied, ns alled,atconnected,eerec do p otec ed,s 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 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 B. At all times during the progress of the Work, belowmay be adjusted from time to time as provided 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1 1. Contractor shall submit to Engineer acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will requirements it will conform substantially to the not result in changing the Contract Times. Such adjust- ments will comply with any Contract Documents. P Y y provisions of the General Re- quirements applicable thereto. 2. Substitute Items 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 submitted in accordance with the requirements of Article does not qualify as an "or-equal" item under 12. Adjustments in Contract Times may only be made by Paragraph 6.05.A.1, it will be considered a a Change Order. proposed substitute item. 6.05 Substitutes and "Or Equals" b. Contractor shall submit sufficient information A. Whenever an item of material orequipment is as provided below to allow Engineer to 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 particular Supplier, the specification or description is and an acceptable substitute therefor. Requests p for review of proposed substitute items of intended to establish the type, function, appearance, and quality required. Unless the specification or description material or equipment will not Contractor. accepted by 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 permitted, other items of material or equipment or c. The requirements for review by Engineer will j material or equipment of other Suppliers may be be as set forth in Paragraph 6.05.A.2.d, as Y supplemented in the General Requirements and submitted to Engineer for review under the circumstances described below. circumstances. Engineer may decide is appropriate under the circumstances. 1. "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 Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will furnish material or equipment that Contractor seeks to be required, it may be considered by Engineer as an furnish or use.The application: "or-equal"item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be 1) shall certify that the proposed substi- accomplished without compliance with some or all of the tute item will: requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed a)perform adequately the functions and item of material or equipment will be considered achieve the results called for by the functionally equal to an item so named if general design, a. in the exercise of reasonable judgment b) be similar in substance to that Engineer determines that: specified,and c) be suited to the same use as that I) it is at least equal in materials of specified; construction, quality, durability, appearance, strength,and design characteristics; 2)will state: 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 imposed by the design concept of the completed the proposed substitute item will preju- dice as a functioning whole, dice Contractor's achievement of 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 b. Contractor certifies that, if approved and a change in any of the Contract Docu- ments into the Work: ments (or in the provisions of any other direct contract with Owner for other 1) there will be no increase in cost to work on the Project)to adapt the design 2) the Owner or increase in Contract Times,and to the proposed substitute item;and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use Documents (or in the provisions of any other direct 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- tractor, Supplier, or other individual or entity (including services; 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 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 Supplier, or not be required individual ployentity tobcontra t or item, including costs of redesign and claims of Serform any of the Work against whom Contractor has other contractors affected by any resulting reasonable objection. change, B. Substitute Construction Methods or Proce- B. If the Supplementary Conditions require the dures: If a specific means, method, technique, sequence, identity of certain Subcontractors, Suppliers, or other or procedure of construction is expressui�required utilize a or entities to be by Owner submitted to specified ed date Contract Documents, Contractor may 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 lthat (either in write g or by failing to make written objection Engineer, in Engineer's sole discretion, to the substitute proposed Contract is equivalent ents. The requirements in the Bidding Documents or the Contract Documents) of cadre review by the Engineer Doc such Subcontractor, Supplier, or other individual or in review by Engineer will be similar to those provided entity so identified may be revoked on the basis of reason- able Paragraph 6.05.A.2. 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 and 6.05.B..B or submittal nee made pursuant to ontracttorp to furnish cost occasioned by such ereplacementt and an appropriate and 6.OS.B. Engineer may require Contractor data about the proposed substitute item. an a ge Order Sub gill be issued ed.No Supplier, othere y Owner or Engineer will be the sole judge of acceptability. No "or Y until n or ineer'sute will be ordered, stawhi h r utilized tute whether any initially right of replacement, Engineer lto consti- until until Engineer's review is complete, evidenced by either a Change Order for a substitute or an defective Work. approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative C.Contractor shall be fully responsible to Owner d and Engineer for all acts and omissions of the determination. 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 with se ct tpoeany omissions Nothing in the Contract Documents: acts and performance guarantee or other surety respect 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 2. shall anything in the Contract Documents Contractor, Contractor shall reimburse Owner for the 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©2002 National Society of Professional 2ngineers for EJCDC. All rights reserved. s 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 I 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 contract with Contractor. limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of l 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 Subcontractor or Supplier which specifically binds the of the Work which are applicable at the time of opening I Subcontractor or Supplier to the applicable terms and 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 I 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 I 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 professionals and all court or arbitration or other dispute I 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. Iwhich 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 1 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 I rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents. 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 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: 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 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 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 ings or ifi S ec p cations or to the acts or omissions of b. Data shown on the Shop Drawings will be Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be soecified with respect to quantities, dimensions, liable, and not attributable,directly or indirectly, in whole p performance and design criteria, or in part, to the fault or negligence of Contractor or an materials, and similar data to show Engineer the Subcontractor, Supplier, or other individual or enti Y services, materials, and equipment Contractor directly or indirectly employed by any of them). tY proposes to provide and to enable Engineer to review the information for the limited purposes D. Contractor's duties and responsibilities for required by Paragraph 6.17.D. I safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has 2. Samples: Contractor shall also submit g 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. (except as otherwise expressly provided in connection with Substantial Completion). a. Submit number of Samples specified in the I6.14 Safety Representative Specifications. qualified and b. Clearly identify each Sample as to material, A. Contractor shall designate a quali experienced safety representative at the Site whose duties Supplier,pertinent data such as catalog numbers, the use I and responsibilities shall be the prevention of accidents e for which intended and other data as and the maintaining and supervising of safety Engineer may require to enable Engineer to and programs. g tY precautions review the submittal for the limited required by Paragraph 6.17.D. purposes 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 other hazard communication information required to be and approval of the pertinent submittal will be at the sole q expense and responsibility of Contractor. made available to or exchanged between or among I employers at the Site in accordance with Laws or Regulations. C. Submittal Procedures 6.16 Emergencies 1. Before submitting each Shop Drawing or 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 roe a. all field measurements, quantities,dimensions, property rty at the Site or specified performance and design I adjacent thereto, Contractor is obligated to act to prevent gn criteria, threatened damage, injury, p installation requirements, materials, catalog g , or loss. Contractor shall give numbers, and similar information with respect Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the thereto; I Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a b• the suitability of all materials with respect to change in the Contract Documents is required because of intended use, fabrication, shipping, handling, stor the action taken by Contractor in response to such an performance assembly, and installation pertaining to the p emergency, a Work Change Directive or Change Order erformance of the Work; will be issued. c. all information relative to Contractor's 6.17 Shop Drawings and Samples responsibilities for means, methods, techniques, sequences, and procedures of construction, and A. Contractor shall submit Shop Drawings and safety precautions and programs incident thereto; Samples to Engineer for review and approval in accor- and dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be d. shall also have reviewed and coordinated each identified as Engineer may require. Shop Drawing or Sample with other Shop Drawings and Samples and with the 1. Shop Drawings requirements of the Work and the Contract Documents. a. Submit number of copies specified in the General Requirements. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. 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 postponed pending resolution of any disputes or submittal. 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 6.19 Contractor's General Warranty and Guarantee Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a A. Contractor warrants and guarantees to Owner written communication separate from the Shop Drawing's ,that all Work will be in accordance with the Contract or Sample Submittal; .and, in addition, by a specific notation made on each Shop Drawing or Sample submit- Documents and will not be defective. Engineer and its Enti ted to Engineer for review and approval of each such o eCon act tie shall be and led onrely on representation variation. B. Contractor's warranty and guarantee D.Engineer's Review hereunder excludes defects or damage caused by: 1. Engineer will provide timely review of Shop 1, abuse, modification, or improper maintenance Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's e items review contractors,Supplierssor any individual ortentityifor or operation by perons and approval will be only to determine if the whom Contractor is responsible;or covered by the submittals will, after installation or incorporation in the Work, conform to the information 2.normal wear and tear under normal usage. given in the Contract Documents and be compatible with the design concept of the completed Project as a C Contractor's obligation to perform and functioning whole as indicated by the Contract Docu- complete the Work in accordance with the Contract meats. Documents shall be absolute. None of the following will 2. Engineer's review and approval will not with the ContractpDocuments oor a not in accordance Contractor's extend to means, methods, techniques, sequences, lar obligation to perform the Work in accordance with the procedures of construction (except where a particular method,technique,sequence,or procedure of con- Contract Documents: struction is specifically and expressly called for by the 1.observations by Engineer; Contract Documents)or to safety precautions or programs incident thereto. The review and approval of a separate 2, recommendation by Engineer or payment by item as such will not indicate approval of the assembly in Owner of any progress or final payment; which the item functions. approval shall not 3. the issuance of a certificate of Substantial 3. Engineer's review and app m Co letion b Y Engineer ineer or any payment related thereto relieve Contractor from responsibility for any variation Owner;the requirements of the Contract Documents unless by ner; Contractor has complied with the requirements of 4. use or occupancy of the Work or any part Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written thereof by Owner; notation thereof incorporated in or accompanying the 5.any review and approval of a Shop Drawing or Shop Drawing or Sample.Engineer's review and approval Y shall not relieve Contractor from responsibility for Sample e submittal or the issuance of a notice of acceptabil- complying with the requirements of Paragraph 6.17.C.1. 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- 6 20 Indemnification rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall A. To the fullest extent permitted by Laws and direct specific attention in writing to revisions other than hold the corrections called for by Engineer on previous s Owner Contractor and Engineer, and the officers, directors, submittals. harmles ubmittals. e for, s partners, employees, agents, consultants and subcontractors of each and any of them from and against 6.18 Continuing the Work all claims, costs, losses, and damages (including but not A.Contractor shall carry on the Work and adhere limited s all nd fees and p argesoofls engineers all architects, ted to the Progress Schedule during all disputes or attorneys, C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Pro aEngineers for EJCDC. All rights reserved. 00700 24 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 I any such claim, cost, loss, or damage is attributable to bodily injury,sickness,disease,or death,or to injury to or prepared by such professional. Shop Drawings and other 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 Supplier, or any individual or entity directly or indirectly review and approval of design calculations and design 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 not be limited in any way by any limitation on the amount Documents. Engineer's review and approval of Shop 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 by the Contract Documents. IIC. 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 1 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. I1.6.21 Delegation of Professional Design Services written notice thereof will be given to Contractor prior to starting any such other work;and A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree I 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 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 services in violation of applicable law. B. Contractor shall afford each other contractor 1 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. that such services must satisfy. Contractor shall cause Contractor shall do all cutting,fitting, and patching of the 111 such services or certifications to be provided by a 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 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 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 II 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 I 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. I 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. , 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 II 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 8.09 Limitations on Owner's Responsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. IA. 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 to comply with Laws and Regulations applicable to the without limitation, during or as a result of Engineer's 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 for Contractor's failure to perform the Work in responsible for Contractor's means, methods, techniques, I accordance with the Contract Documents. 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 1 Condition Regulations applicable to the performance of the Work. A. Owner's responsibility in respect to an undis- 9.03 Project Representative closed Hazardous Environmental Condition is set forth in I 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 A. If and to the extent Owner has agreed to Work. The authority and responsibilities of any such 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. CONSTRUCTION I9.04 Authorized Variations in Work 9.01 Owner's Representative A. Engineer may authorize minor variations in I A. Engineer will be Owner's representative the Work from the requirements of the Contract Documents which do not involve an adjustment in the during the construction period. The duties and response- Contract Price or the Contract Times and are compatible bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth with the design concept of the completed Project as a 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 I 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- 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, 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 conform generally to the Contract Documents. On the require special inspection or testing of the Work as II 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 1 9.06 Shop Drawings, Change Orders and Payments connection with any interpretation or decision rendered in good faith in such capacity. A. In connection with Engineer's authority, and I 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 I 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 I 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 I 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 I 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. 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. I 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 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 promptly proceed with the Work involved which will be 10.05 Claims performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). A. Engineer's Decision Required: All Claims, I 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 on entitlement to,or on the amount or extent, if any,of an Engineer shall be required as a condition precedent to any I 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 I A.Contractor shall not be entitled to an increase 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, of the amount or extent of the Claim,with supporting data modified, or supplemented as provided in Paragraph 3.04, 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 Paragraph 6.16 or in the case of uncovering Work as (unless Engineer allows additional time for claimant to I 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 Paragraph 12.01.B.A Claim for an adjustment in Contract A. Owner and Contractor shall execute a :- Paragraph 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 10.01.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 13.08.A or Owner's correction of defective Work under the claimant within 30 days after receipt of the claimant's IIParagraph 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 I 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 and in writing: I3. 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 decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it I 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 deemed denied. I 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 applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. Iany 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 i 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 Paragraph 11.01. 11.01 Cost of the Work 4.Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, 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 I 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 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 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 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 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 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©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 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 directly or indirectly employed by any of them or Claim for an adjustment in Contract Price is determined for whose acts any of them may be liable. Such 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. written consent and approval of Owner.No such losses, damages, and expenses shall be included D. Documentation: Whenever the Cost of the in the Cost of the Work for the purpose of 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 and maintain records thereof in accordance with generally g. The cost of utilities, fuel, and sanitary accepted accounting practices and submit in a form facilities at the Site. acceptable to Engineer an itemized cost breakdown 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 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 Documents 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 shall not include any of the following items: III1. Payroll costs and other compensation of 1.Contractor agrees that: principals (of a. the cash allowances include the cost to Contractors officers, executives, p als (P Contractor (less any applicable trade discounts) partnerships and sole proprietorships), general managers, of materials and equipment required by the safety managers, engineers, architects, estimators, attor- allowances to be delivered at the Site, and all net's, auditors, accountants, purchasing and contracting 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, ' in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by and other expenses contemplated for the cash 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 administrative costs covered by the Contractor's fee. for additional payment on account of any of the 1 foregoing will be valid. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. C. Contingency Allowance I 3. 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 the Work and charges against Contractor for delinquent unanticipated costs. L 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. defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to 11.03 Unit Price Work property. A. Where the Contract Documents provide that 5. Other overhead or general expense costs of any kind and the costs of any item not specifically all or part of the Work is to be Unit Price Work, initially I fically and 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 for each separately identified item of Unit Price Work I 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. II 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 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, 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 be paid a fee of 15 percent of the costs incurred ARTICLE by such Subcontractor under Paragraphs RTICLE 12 - CHANGE OF CONTRACT PRICE; 11.01.A.1 and 11.01.A.2 and that any higher tier 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 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; 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 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 ton 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 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. 00700-32 1 tby the party making the Claim to the Engineer and the other party to the Contract in accordance with the ill 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, completing any part of the Work within the Contract corrected,or accepted as provided in this Article 13. I 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 or other contractors performing other work as contemplat- jurisdictional interests will have access to the Site and the I ed by Article 7, fires, floods, epidemics, abnormal weather conditions,or acts of God. Work at reasonable times for their observation, 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 them of Contractor's Site safety procedures and programs utility owners performing other work for Owner as so that they may comply therewith as applicable. contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the 13.03 Tests and Inspections IIperformance 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, entitlement to an adjustment of the Contract Times is tests,or approvals and shall cooperate with inspection and conditioned on such adjustment being essential to testing personnel to facilitate required inspections or tests. Contractor's ability to complete the Work within the Contract Times. B. Owner shall employ and pay for the services I 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; Contractor, then Contractor shall be entitled to an I 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 shall be Contractor's sole and exclusive remedy for the I 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 each of them shall not be liable to Contractor for any C. If Laws or Regulations of any public body I 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, I 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 anticipated project. costs in connection therewith, and furnish Engineer the I required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with I 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 EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright C 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 I 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 Work. Such inspections, tests, or approvals shall be that the completed Work will conform to the Contract I 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 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 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 or tested by others, Contractor, at Engineer's request, B. When correcting defective Work under the 111 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, 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 (including but not limited to all costs of repair or the land or areas made available for Contractor's use by I 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 ' 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. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. , 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 A. If Contractor fails within a reasonable time emergency where delay would cause serious risk of loss 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 I3.06.A, or if ' damages(including but not limited to all fees and charges Contractor fails to perform the Work in accordance with of engineers, architects, attorneys, and other professionals 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, 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 B. In exercising the rights and remedies under others)will be paid by Contractor. this Paragraph 13.09, Owner shall proceed expeditiously. C. In special circumstances where a particular 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 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 D. Where defective Work (and damage to other the Work all materials and equipment stored at the Site or tWork 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 III 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. E. Contractor's obligations under this Paragraph C. All claims, costs, losses, and damages 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be (including but not limited to all fees and charges of 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 costs 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 ' 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 and replacement of defective Work, Owner (and, prior to shall be entitled to an appropriate decrease in the Contract Engineer's recommendation of final payment, Engineer) 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 not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or arbitration or other dispute resolution costs)attributable to damaged by correction, removal, or replacement of Owner's evaluation of and determination to accept such Contractor's defective Work. defective Work(such costs to be approved by Engineer as D. Contractor shall not be allowed an extension to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to of the Contract Times because of any delay in the ' 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 I Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND so accepted. If the parties are unable to agree as to the COMPLETION I 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 paid by Contractor to Owner. I 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. 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 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 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 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 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 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 account to discharge Contractor's legitimate obligations Work for purposes Engineer's a recommending Contractor's means nor associated with prior Applications for Payment. p g p ymeclu n Ym Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: ' 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 recommendation 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 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 Engineer'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. 00700-36 3. If it is subsequently determined that Owner's inspections or tests, revise or revoke any such payment refusal of payment was not justified, the amount recommendation previously made, to such extent as may wrongfully withheld shall be treated as an amount due as I be loss necessary in Engineer's opinion to protect Owner from determined by Paragraph 14.02.C.1. loss because: a. the Work is defective, or completed Work has 14.03 Contractor's Warranty of Title been damaged, requiring correction or replace- ment; to all Work, materials, and equipment covered by any b. the Contract Price has been reduced by Application for Payment, whether incorporated in the Project or not,will pass to Owner no later than the time of Change Orders; payment free and clear of all Liens. c. Owner has been required to correct defective 14.04 Substantial Completion Work or complete Work in accordance with Paragraph 13.09;or A. When Contractor considers the entire Work d. Engineer has actual knowledge of the ready for its intended use Contractor shall notify Owner occurrence of any of the events enumerated in and Engineer in writing that the entire Work is substantially complete(except for items specifically listed Paragraph 15.02.A. by Contractor as incomplete) and request that Engineer C.Payment Becomes Due issue a certificate of Substantial Completion. 1. Ten days after presentation of the Application B. Promptly after Contractor's notification, , 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 substantially complete, Engineer will notify Contractor in paid by Owner to Contractor. writing giving the reasons therefor. D.Reduction in Payment C. If Engineer considers the Work substantially 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 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- ing of the Work; to make written objection to Engineer as to any provisions 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 satisfaction and discharge of such Liens; submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor.If,after Engineer considers consideration of Owner's objections, in Engineer will within c. there are other items entitling Owner to a the Work substantially complete, Engineer set-off against the amount recommended;or said 14 days execute and deliver to Owner and Contractor d.Owner has actual knowledge of the occurrence 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- ed reflecting such changes from the tentative certificate 14.02.B.5.a through 14.02.B.5.c or Paragraph as Engineer believes justified after consideration of any 15.02.A. objections from Owner. 2. If Owner refuses to make payment of the full D. At the time of delivery of the tentative amount recommended by Engineer, Owner will give certificate of Substantial Completion, Engineer will Contractor immediate written notice (with a copy to deliver to Owner and Contractor a written recommen- dation stating the reasons for such action and promptly dation as to division of responsibilities pending final pay Contractor any amount remaining after deduction of a ent between Owner and Contractor with respect to the amount so withheld. Owner shall promptly pay payment o operation, safety, and protection of the Work, Contractor the amount so withheld, or any adjustment maintenance,heat,utilities, insurance, and warranties and thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for guarantees.Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to such action. Engineer's issuing the definitive certificate ofi Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional a3Engineers for EJCDC. All rights reserved. Completion, Engineer's aforesaid recommendation will that the Work is incomplete or defective. Contractor shall be binding on Owner and Contractor until final payment. immediately take such measures as are necessary to complete such Work or remedy such deficiencies. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable 14.07 Final Payment 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 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 by Owner for its intended purpose without significant Paragraph 6.12), and other documents, Contractor may g interference with Contractor's performance of the make appedure for pror prog for fm al payment following the procedure remainder of the Work, subject to the following payments. ng condi- tions. I 2. The final Application for Payment shall be 1. Owner at any time may request Contractor in accompanied(except as previously delivered)by: writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its a• all documentation called for in the Contract intended use and substantially complete. If and when Documents, including but not limited to the Contractor agrees that such part of the Work is evidence of insurance required by Paragraph 5.04.B.7; I substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of b• consent of the surety,if any,to final payment; Substantial Completion for that part of the Work. c. a list of all Claims against Owner that 2. Contractor at any time may notify Owner and Contractor believes are unsettled;and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- d• complete and legally effective releases or tially complete and request Engineer to issue a certificate waivers (satisfactory to Owner)of all Lien rights of Substantial Completion for that part of the Work. arising out of or Liens filed in connection with the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an in Paragraph 14.07.A.2 and as approved by 3. In lieu of the releases or waivers of Liens inspection of that part of the Work to determine its status specified of completion. If Engineer does not consider that art of Owner, Contractor may furnish receipts or releases in full P 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 therefor. If Engineer considers that part of the Work to be equipment for which a Lien could be filed; and (ii) all substantially complete, the provisions of Paragraph 14.04 payrolls, material and equipment bills, and other g P indebtedness connected with the Work for which Owner will apply with respect to certification of Substantial Completion of that part of the Work and the division of or Owner's property might in any way be responsible have responsibility in respect thereof and access thereto. been paid or otherwise satisfied. If any Subcontractor or 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 I requirements of Paragraph 5.10 regarding property Lien. insurance. B. Engineer's Review of Application and 14.06 Final Inspection Acceptance A. Upon written notice from Contractor that the 1. If, on the basis of Engineer's observation of entire Work or an agreed portion thereof is complete, the Work during construction and final inspection, and I 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 writing of all particulars in which this inspection reveals Contract Documents, Engineer is satisfied that the Work 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. 00700-38 I under 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. 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 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 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 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 ment 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 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. A. 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 Contractor's final Application for Payment (for Work skilled workers or suitable materials or equipment or fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make failure to adhere to the Progress Schedule established 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); 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 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 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 B If one or more of the events identified in shall not constitute a waiver of Claims. Paragraph 15.02.A occur, Owner may, after giving 14.09 Waiver of Claims Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: A. 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 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), 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 but which are stored for which Owner has paid Contractor and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. complete the Work as Owner may deem 2. expenses sustained prior to the effective date III expedient. of termination in performing services and furnishing labor, materials, or equipment as required by the Contract 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; unpaid balance of the Contract Price exceeds all claims, costs,losses,and damages(including but not limited to all 3. all claims, costs, losses, and damages 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 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 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. 15.04 Contractor May Stop Work or Terminate D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if A. If, through no act or fault of Contractor, (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) Owner fails for 30 days to pay Contractor any sum finally I 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 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. 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 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 fr om 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 stopping the Work as permitted by this Paragraph. I 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the 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. 00700-40 I 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 Contract. Timely submission of the request shall stay the I 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 mediation process in good faith. The process shall be the last day of any such period falls on a Saturday or I 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 by application of the mediation rules referenced above. computation. IC. 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 Contractor: not to be construed in any way as a limitation of, any I 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 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 Claim to another dispute resolution process,or each particular duty, obligation, right, and remedy to I which they apply. 3. gives written notice to the other party of their 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 ARTICLE 17-MISCELLANEOUS accordance with the Contract Documents, as well as all I 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 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 deemed to have been validly given if: A. This Contract is to be governed by the law of I1. 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 whom it is intended,or 17.06 Headings A. Article and paragraph headings are inserted 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. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 1 SECTION 00 73 05 SUPPLEMENTARY CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A45 Add the following language at the end of the definition of Substantial Completion: Phase 1 is considered Substantially Complete when all the following work is complete: a. All repairs made and all coatings applied, b. Storage Reservoir has been disinfected and filled with potable water for 72 hours and a passing bacteriological test result has been received and provided to Owner and Engineer. SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: 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. ARTICLE 2 - PRELIMINARY MATTERS SC-2.02A Amend the first sentence of Paragraph 2.02.A by striking out the work"ten" and inserting the word "five." ARTICLE 4— AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. In the preparation of Drawings and Specifications, Engineer relied upon the following reports of physical conditions at the Site: 1. Report dated November 24, 2009, prepared by KLM Engineering, Inc. entitled "Elevated Water Tank Inspection Report— 500,000-Gallon Capacity Tower No. 2, 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. ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment C-610 and C-615 (2002 Edition) or aBmaar bond form submitted apprrovedlby Owner. Form SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: 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 SUPPLEMENTARY CONDITIONS 00 73 05-1 ©2011 Bonestroo 1 000055-11173-0 1 provided shall not be construed as a waiver of Contractor's obligation to maintain such r 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 coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. 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 required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability: 1) General Aggregate 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide lexcess O liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit- Bodily injury and property damage. All owned, non-owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 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: a. Owner b. Engineer 1 I ©2010 Bonestroo 1 000055-11173-0 SUPPLEMENTARY CONDITIONS 007305-2 I SC-5.06.A Amend the first sentence of Paragraph 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 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: 8. The Builder's Risk Insurance required herein shall apply to projects involving 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 01." SC-6.19.A Delete the words"representation of"in the second sentence. ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: KLM Engineering, Inc. will be a designated Resident Project Representative for the Project and, in addition to the Engineer, will visit and observe the Site. 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"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." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK I SUPPLEMENTARY CONDITIONS ©2010 Bonestroo 1 000055-11173-0 00 73 05-3 I SC-11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: I D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. 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 words"two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION I 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. SC-14.02.C1 Amend the first sentence of Paragraph 14.02.C1 by striking out the word "ten" and inserting the word "twenty." 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. I SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: 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 I 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, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions 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. B. The demand for arbitration will be filed in writing with the other party to the 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 specified in Paragraph SC-16.01.0 and in all other cases within a reasonable time I SUPPLEMENTARY CONDITIONS ©2010 Bonestroo 1 000055-11173-0 00 73 05-4 I Iafter 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 I 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 the Contract Documents shall include by consolidation,joinder, or in any other manner any other individual or entity (including I Engineer, 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: I 1. the inclusion 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 Iarise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the I parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. I 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 the Controlling Law relating to vacating or modifying an arbitral award. IF. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. IEND OF SECTION I 1 1 I 1I I I I a SUPPLEMENTARY CONDITIONS I ©2010 Bonestroo 1 000055-11173-0 00 73 05-5 ■ I ISECTION 01 10 00 ISUMMARY PART 1 GENERAL I1.01 SECTION INCLUDES IA. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK I A. Project Name: 500,000 Gallon Water Tower No. 2 Rehabilitation for the City of Oak Park Heights, Minnesota. I B. Description of Work: Project consists of cleaning, sandblasting, repainting interior wet and exterior surfaces with touchup repainting in the interior dry and 2 City name signs, and miscellaneous structural repairs of the 500,000 gallon water tower. I C. Tank Information: The tank diameter is 49.5 feet with 30 feet diameter fluted columns. The high water level height of the tower is 124.8 feet, and the low water level is at 86.8 feet. ID. Project Address: 5810 Norrell Avenue N., Oak Park Heights, MN, 55082. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. IB. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES IIA. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS IA. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and I temporary construction are allowed only on the Reservoir Site as shown on Figure 2 at the end of this specification and shall be removed upon completion of Work. Care should be taken to avoid any damage to the adjacent structures and trees located on the Site. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary I maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. 5. All antenna and communications equipment shall be removed by the equipment owner prior to Work. The City has notified them of the impending Work. 6. Fixtures and other items that are welded to the steel tank shall be included in the specified I surface preparation procedures. Items that are bolted or similarly fastened shall be removed prior to surface preparation, and reinstalled following specified surface preparation procedures. 7. Working Hours iSUMMARY 011000-1 I ©2011 Bonestroo 1 000055-11173-0 I a. All Work shall be accomplished between the hours of 7 A.M. and 7 P.M., Monday through Saturday. Construction outside of the working hours must be authorized in writing by the Owner or its representative. b. No construction activity will be permitted on Sundays or holidays, unless necessitated by an emergency or authorized in writing by the Owner or its representative. c. The Contractor must comply with all City ordinances to construct this Project. d. This time frame includes all street sweeping, starting (warming up) of machinery, delivery of Project equipment and materials, servicing and fueling of machinery. B. Access to Site: 1. Construction access to the Site shall be entirely from the entrance on the east side off of Norrell Avenue N. 2. The tower is secured with a locked pedestrian door. Owner will provide the Contractor a key for access. Contractor shall be responsible for keeping the tower locked when not in use, and for maintaining a secure site at all times. 3. All parking and Site lay down areas shall be as shown on the Drawings. 1.06 OTHER WORK AT SITE I A. Allow antenna owners to access the Site to maintain temporary equipment. PART 2 PRODUCTS NOT USED. I 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. I END OF SECTION I I I I I 1 I ©2011 Bonestroo i 000055-11173-0 SUMMARY 011000-2 I 1 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. r delivers and places more of any material that is paid for on a Bid Unit Price basis C. If the Contractor P than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.03 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 1 signed copy of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. 1.04 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1 —Mixer—Add to Total Base Bid 1. In general the Work of this Alternate No. 1 consists of all costs to provide a mixer, controls and mounting brackets for installation and in lieu of removing all of the interior wet ladder system, the ladder system should be fixed where it has broken free of the access tube. Refer to Section 33 01 16 for specific information. D. Alternate No. 2 — Replace Cathodic Protection System —Add to Total Base Bid PRICE AND PAYMENT PROCEDURES 012000-1 ©2011 Bonestroo 1 000055-11173-0 1 1. In general the Work of this Alternate No. 2 consists of all costs to remove the existing cathodic protection system in it entirety and installing a new cathodic protection system and mounting it as specified in Section 26 42 00. E. Alternate No. 3 —Additional Interior Dry Painting—Add to Total Base Bid 1. In general the Work of this Alternate No. 3 consists of all costs to do additional interior dry painting to the sweating surfaces as discussed in paragraphs 3.5 of KLM Engineering's report along with a total of correcting 5 percent of the remaining interior dry area surfaces that has failed. This work will also include a SSPC-SP-7 surface cleaning prior to applying the paint system as specified in Section 09 91 55. PART 2 PRODUCTS 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. 1 END OF SECTION I I I i I I 1 I ©2011 Bonestroo 1 000055-11173-0 PRICE AND PAYMENT PROCEDURES 012000-2 I 1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL I1.01 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 Site. the I B. Project Utility Sources: e shown with the Draw in following a(gene al way:. ayThe following utilities are known to be on th e Site and ar 1. Water: Owner. I 2. Storm Sewer: Owner. 3. Electric: Xcel Energy. 4. Telephone (Antenna Equipment): Sprint—866-400-6040. IC. Owner requires a 48-hour working day notice, excluding holidays, 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 1. Minnesota Department of Health (MDH) Report on Plans. B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. I1.04 SURVEYING AND CONSTRUCTION OBSERVATION II A. Provide Engineer a minimum of 48-hour working day notice, excluding holidays, in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. I B. Provide Engineer a minimum notice of 24-hour working day notice, excluding holidays, 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 IEngineering, Inc. 1.05 PROJECT MEETINGS I A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in I 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. IPROJECT MANAGEMENT AND COORDINATION 01 31 00 1 ©2011 Bonestroo 1 000055-11173-0 I 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. 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. 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 01 33 00. 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. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: I 1. Coordinate all Work and subcontractors to avoid delays in construction progress. 2. The City did contact Sprint in writing with a notice of removal and relocation of their antenna equipment on February 24, 2011. A 60 day notice period was required and has been executed. Contractor shall be responsible to coordinate work with all private utilities including Sprint to make sure antenna, cables and equipment are removed during the course of this work. 3. A work schedule shall be given to the Owner and the Engineer before any Work is started so that draining of the tank can be properly scheduled. 4. The tank will be drained by the City Staff at the request of the Contractor, within the timeline specified in Section 00 52 10. 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 continuous diligent effort to complete the Project as soon as possible. 5. The Contractor shall pay particular attention to the tank cleaning requirements as outlined in Section 01 70 00. 6. The Contractor shall pay particular attention to the sand-blasting requirements with respect to containment and materials used as outlined in Section 09 91 55. 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 1 BID. END OF SECTION 1 I PROJECT MANAGEMENT AND COORDINATION 2011 Bonestroo 1 000055-11173-0 RDINATION 013100-2 1 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. Q 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. 1.03 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. PART 2 PRODUCTS NOT USED. 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 by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity. 1. 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. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. 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. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for previous schedule was submitted and show mpercentage all f of completion finished since p for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8-1/2 inch by 11 inch paper outlining 24 hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. SUBMITTAL PROCEDURES 013300-1 ©2011 Bonestroo 1 000055-11173-0 1 2. Contact person(s). , 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS'INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8-1/2 inches by 11 inches. Non-legible copies will not I reviewed. P t be C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or re-submittal as follows: 1. "Approved"—Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted"—Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit"—Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the re-submittal procedures described in the General Conditions. 4. "Rejected"—Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the re-submittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. Alternately, Contractor may pick up reviewed submittals at Engineer's Office. 3.04 TEST REPORTS I A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 1 ©2011 Bonestroo l 000055-11173-0 SUBMITTAL PROCEDURES 013300-2 1 3.05 WELDING CERTIFICATES A. Submit welding certificates for each person by name assigned to do field welding of materials installed under this Contract. Certificates shall indicate that each person has passed tests specified by AWS and shall be submitted prior to execution of any welding. 1 3.06 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on 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. END OF SECTION 1 1 I I 1 1 1 1 I 1 SUBMITTAL PROCEDURES ©2011 Bonestroo 1 000055-11173-0 01 33 00-3 t SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. 1 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 Specifications, such reference shall mean"Standard Specifications for Construction,"2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word"Engineer"is understood to refer to the 1 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. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. I1.04 WORKMANSHIP j A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. QUALITY REQUIREMENTS 014000-1 ©2011 Bonestroo 1 000055-11173-0 I 1.07 LABORATORY RESPONSIBILITIES I 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 I 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 CERTIFICATES I A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. I 1.10 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; i quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. 1.11 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. PART 2 PRODUCTS NOT USED. I PART 3 EXECUTION NOT USED. END OF SECTION I I I ©2011 Bonestroo 1 000055-11173-0 QUALITY REQUIREMENTS 014000-2 r SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 SUBMITTALS ' A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction. 1.03 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 for Mobilization shall not exceed 10 percent of the Total Base Bid: 1. Partial payment of the Lump Sum Bid Item "Mobilization"will be made using a percentage based on the following: r 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 rBASE BID. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the r Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily. Tem oraril hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 1 TEMPORARY FACILITIES AND CONTROLS 015000-1 ©2011 Bonestroo 1 000055-11173-0 ! . 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non-City or County owned signs, posts, etc. that may be within the 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 ' and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction: 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventer or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. C. Temporary Electricity: I 1. Contractor shall provide any temporary electricity required for this project. D. Temporary Heating: , 1. Provide and pay for temporary heating as necessary. E. Temporary Telephone: I 1. Provide temporary telephone service to Site. 3.04 CONSTRUCTION FACILITIES 1 A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. 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. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar I disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. B. Refuse Facilities: I 1. Contractor shall provide and regularly empty refuse containers as needed to maintain a site free of construction debris and waste. 3.05 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. T ©2011 Bonestroo 1 000055-11173-0 TEMPORARY FACILITIES AND CONTROLS 015000-2 I 1 2. Damage to the Site caused by removal of temporary fencing, 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 Site repairing. IEND OF SECTION 1 I I I I 11:: t 1 I TEMPORARY FACILITIES AND CONTROLS 015000-3 ©2011 Bonestroo 1 000055-11173-0 , I ISECTION 01 60 00 1 PRODUCT REQUIREMENTS PART 1 GENERAL 1 1.01 SUMMARY A. Section Includes 1. Basic requirements for products used in the Work. I 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total IBase Bid. 1.03 SUBMITTALS I A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval with supporting documentation. I B. Submit the following items consistent with Section 01 33 00 and General Conditions Article 6.05: 1. Shop drawings for named products and"or-equal"products. 2. Written application for substitute items, including supporting documentation. 1 1.04 PRODUCT SUBSTITUTIONS AND"OR-EQUAL"PROCEDURES A. Procedures During Bidding: 1. Conform to the requirements of the Instructions to Bidders. B. Procedures During Construction: I 1. Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 01 33 00. IPART 2 PRODUCTS NOT USED. IPART 3 EXECUTION 3.01 DELIVERY IA. Transport and handle products in accordance with the manufacturer's instructions. B. Handle and lift products only at designated lift points and by methods to avoid soiling, Idisfigurement, bending, over stressing, and damage. I C. Store products on shelves, in bins, or in neat groups of like items with seals and labels intact and legible, and in a manner to provide access for maintenance and inspection. IPRODUCT REQUIREMENTS r 016000- 1 ©2011 Bonestroo 1 000055-11173-0 I D. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. E. Store and protect products which are subject to damage by the elements in weathertight, climate controlled enclosures, and according to the manufacturer's instructions. Maintain temperature, ventilation, and humidity within ranges stated in the manufacturer's instructions. F. Attach applicable manufacturer's service instructions labeled"STORAGE SERVICE INSTRUCTIONS , ENCLOSED"to exterior of each stored product. G. Inspect, maintain, and service stored products on a regularly scheduled basis, consistent with the manufacturer's instructions. H. Record inspection, maintenance, services performed, and keep log available for review. I. Traffic control required for all deliveries to and from the Contractor. All flagmen, barricades, flares, and safety measures lare the sole responsibility bility of the Contractor. 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. B. Any additional Site security measures desired by the Contractor shall be approved by the Engineer and paid for entirely by the Contractor. C. The Contractor shall provide the Owner and Engineer with keys or combinations to any additional locks that may be used to secure the Site. END OF SECTION 1 1 1 ©2011 Bon 000055-11173-0 PRODU estroo l PRODUCT REQUIREMENTS 016000-2 ' SECTION 01 70 00 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 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 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, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. 8. Lien Waiver Forms. 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. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 1 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. i EXECUTION REQUIREMENTS ©2011 Bonestroo 1 000055-11173-0 01 70 00-1 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. Install each element of work during weather conditions and Project status to ensure 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 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. D. Protect existing buildings and facilities at Site at all times. E. Clean access roads and haul routes with mechanical street sweeper. I F. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION I 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. 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 the Site and must be hauled away. Contractor shall be responsible for all disposal and hauling costs associated with this project. I EXECUTION REQUIREMENTS ©2011 Bonestroo 000055-11173-0 01 70 00-2 I C. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 FINAL CLEANING A. Wash and polish all glass surfaces. B. Dust, vacuum, wash, and clean allsspkces, duct Remove all work,stains, fixtures, dirt. ipment, electrical work, and all other components of the C. Wash, clean, and sterilize plumbing fixtures. D. Replace burned out lamps. Replace all HVAC filters. E. The Contractor shall be responsible for cleanup of the construction area as incidental to the Project. All cleanup and restoration shall be completed prior to acceptance of the Project. The Site shall be cleaned and restored to a condition equal to or better than the original. This includes sodding or entrance repair work as required to repair all areas damaged by this Project. 3.06 CUTTING AND PATCHING 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 Ias 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� the as a result of Work by the Contractordwill be cracked, or otherwise damaged or defaced beyond repair considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.07 SPECIAL TOOLS A. Provide any special tools,jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devind whichoare tnot available from normal wholesale are peculiar to the outlets. Standard equipment furnished a an 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. ' 3.08 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. i017000-3 ©2011 Bonestroo 1 000055-11173-0 EXECUTION REQUIREMENTS I 3.09 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all 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. END OF SECTION 1 I I I I i I I I r 1 I ©2011 Bonestroo 1 000055-11173-0 EXECUTION REQUIREMENTS 017000-4 I ISECTION 09 91 55 REPAINTING WATER STORAGE FACILITIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Cleaning, surface preparation, and application of paint to the 500,000 gallon elevated reservoir in the following designated areas: 1. Interior Wet Coating. 2. Interior Dry Coating touchup. 3. Exterior Coating. B. Painting City Name Sign at 2 locations each on elevated tank. Refer to City Name Sign shown in Figure 4 at the end of these specifications. C. Alternate No. 3: Additional surface preparation and application of paint to the entire drywell tube and bowl including approximately 5% of the remaining dry interior surfaces. 1.02 RELATED SECTIONS A. Section 00 31 00—Available Project Information. B. Section 33 01 16— Steel Water Reservoir Repairs. 1 1.03 SUBMITTALS General: Contractor shall provide colors as specified. IA. B. Shop Drawings: Contractor shall submit shop drawings for the following: 1. Paint, including quantities provided. I 2. Blasting Additive. 3. Containment Plan. 4. TCLP Sampling Plan. IC. Shop Drawings shall be submitted in accordance with Section 01 33 00. 1.04 QUALITY ASSURANCE IA. 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 specified and I information indicating that the products offered are equal in quality and typ e 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. I B. Qualifications of the Workers: All workers employed on the Site shall be skilled in the use of the equipment and materials used for this Project. An experienced superintendent or foreman shall be I 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. IREPAINTING WATER STORAGE FACILITIES 09 91 55 1 ©2011 Bonestroo 1 000055-11173-0 I C. 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. D. Holiday Testing: The Contractor shall Holiday Test all interior wet surfaces below the high ' line (HWL) with a wet-sponge low-voltage holiday detector after the interior wet coating has cured in compliance with the manufacturer's recommendations. All holidays found shall be repaired and retested to ensure a holiday, pin-hole free surface. 1.05 PRODUCT HANDLING A. Delivery and Storage: The material shall be delivered to the 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 Site to confirm the quantities of each type of paint used and shall be removed only after this verification is confirmed by the Engineer. 1.06 EXISTING PAINT A. The tank was constructed in 1991. The existing interior and exterior paint coatings were applied in 1991 when the tower was constructed: 1. Interior Wet& Dry Surfaces: a. Epoxy System. 2. Exterior Surfaces: a. Epoxy/Urethane System. PART 2 PRODUCTS 2.01 PAINT MANUFACTURER A. The paint and paint products of the Tnemec Company shall be used, or equal by Sherwin-Williams. i 2.02 PAINT SYSTEM AND COLOR A. Interior Wet: 1. First Coat—Tnemec Hydro-Zinc Series 91H2O. 2. Second Coat- Tnemec Pota-Pox Plus Series N140/N140F—White 11WH. 3. Third Coat-Tnemec Pota-Pox Plus Series N140/N140F—Tank White 15BL. 4. Stripe Coat-An additional brushed stripe coat of Series N140 is required on all repaired weld seams below the HWL. B. Interior Dry: 1. First Coat—Tnemec Hydro-Zinc Series 91H20. 2. Second Coat- Tnemec Pota-Pox N140/N140F—Tank White 15BL. C. Exterior: 1. First Coat—Tnemec Hydro-Zinc Series 91H20. 2. Second Coat- Tnemec Endurashield Series 73 —color to be noticeably different but compatible with the finish coat color. I ©2011 Bonestroo I 000055-11173-0 REPAINTING WATER STORAGE FACILITIES 09 91 55-2 I I 3. Third Coat-Tnemec HydroFlon Series 700 or 701 —color to be selected by the Owner. 4. City Name Sign—third and fourth coats per above, color scheme to match Figure No. 4 and color to be selected by the Owner. Base Bid for exterior painting shall include two City name signs. The City Name Sign will generally match the style of the existing logo on Water Tower No. 1 as shown in Figure No. 4. Centerline location of the new logos shall be in the exact same locations as the existing nthe loo (except centered in the tank shell I be marked prior to work on the exterior of the top half of the panels) and tank. 1: 2.03 PERFORMANCE REQUIREMENTS A. Series 91-H20 Tneme-Zinc 1. Adhesion - ASTM D 4541 (Method E,Type V Tester) III a. No less than 2,000 psi adhesion 2. Salt Fog -ASTM B 117 a. No blistering, cracking or delamination of film. No more than 1/8"creepage at scribe and no more than 1% rusting on plane after 50,000 hours exposure. B. Series N140 Pota-Pox Plus 1. Humidity - ASTM D 4585 a. No blistering, cracking, rusting or delamination of film after 10,000 hours exposure to 100% RH at 100F. 2. Immersion - ASTM D 870 a. No blistering, cracking, rusting or delamination of film after 2,000 hours continuous immersion in deionized water at 140F. 3. Moisture Vapor Transmission -ASMT D 1653 a. No more than 0.31 US Perms C. Series 700 HydroFlon 1. Exterior Exposure -ASTM D 4141, Method C (EMMAQUA) a. No n bligloss loss s cracking o more than 0 45 DEHunter co 80% gloss lor change retention, no more than 10 M]/m2 EMMAQUA units gloss loss and n exposure (UV). 2. Cleanability- MIL-PRF-85285D Section 4.6.13 a. No less than 95% cleaning efficiency 3. Graffiti Resistance - acrylic spray paint, epoxy spray paint, Markette marker, ball point ink, crayon, lipstick applied with 7 day cure a. Complete removal 1,000g Load) 4. Abrasion—ASMT D 4060 (CS-17 Wheel, a. No more than 110mg loss after 1,000 cycles PART 3 EXECUTION 3.01 PREPARATION OF SURFACE A. Interior Wet Surface: The entire wet interior surface of the tank shall be cleaned of 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 with a minimum angular anchor profile of 2.0 mils. 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. IREPAINTING WATER STORAGE F 91 IT 55 E3 © 09 2011 Bonestroo 1 000055-11173-0 I B. Exterior Surface: 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 Cleaning with a minimum angular anchor profile of 2.0 mils. 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. Prior to removal of existing coating, Contractor shall tie out the existing color scheme with sufficient measurements to ensure color scheme will be reapplied to match existing layout. Full negative air containment will be required per Article 3.02. C. Dry Interior Surface (Base Bid): This is a minor spot repair consisting of only the rusty portions of the dry side of the access tube and the rusty areas at the fluted column/bowl interface. For these select areas, cleaning shall be in accordance with Steel Structures Painting Council Specification SSPC-SP-3, Power Tool Cleaning. Before any primer or paint is applied, metal surface shall be completely dry, dust free, inspected and approved by the Engineer. The Contactor shall plan for this effort to be less than 100 square feet. D. Additional Dry Interior Surface (Alternate No. 3): This alternate bid item if accepted by the Owner is a repair consisting of the entire access tube and the entire bowl of the tank and an addition of spot repairs on the remaining dry interior consisting of about 5 percent of the total remaining surface. For the access tube and bowl areas, cleaning shall be in accordance with Steel Structures Painting Council Specification SSPC-SP-7, Brush Off Blast Cleaning. For the remaining 5 percent of area, cleaning shall be in accordance with Steel Structures Painting Council Specification SSPC-SP-3, Power Tool Cleaning. Before any primer or paint is applied, metal surface shall be completely dry, dust free, inspected and approved by the Engineer. 3.02 EXTERIOR SANDBLAST CONTAINMENT A. The Contractor shall be fully responsible to provide full containment as required of the exterior tank abrasive blasting operation, including top bonnet or cover to prevent the drift of spent abrasive and existing exterior paint removed onto adjacent property, streets, or structures. Therefore, containment and disposal per State and Federal 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. In conjunction with full containment, the Contractor shall be responsible to provide adequate dust collection 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. B. 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. C. The Contractor expressly agrees to obey the verbal Y or written direction and instruction of the Engineer, Resident Project Representative, or Owners Representative 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. 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 ©2011 Bonestroo 1 000055-11173-0 REPAINTING WATER STORAGE F ACILI 09 91 55 5-4 4 I I 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 Icontact of the abrasive and paint chip debris. F. A full containment plan shall be submitted outlining all the details, equipment, containment I 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. 1. 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. 2. 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. IG. 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 I 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. 3.03 BLAST CLEANING IA. 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. IB. 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 I 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 Idirected by the Engineer to ensure the abrasive used complies with these requirements. C. All compressed air supply shall be properly equipped with suitable oil and moisture separators to I 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. D. Stop abrasive blast cleaning in sufficient time to remove all dust, spent abrasive, and other foreign matter from and around all blasted surfaces (including rigging and equipment) and to allow the I 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. I E. 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 work day, this border shall be reblasted up to and including 1 inch to 3 inches of the iprevious primer coating. IREPAINTING WATER STORAGE FACILITIES 099155-5 ©2011 Bonestroo 1 000055-11173-0 I I F. Take extra care during all blasting operations to prevent damage or abrasive impingement upon previously applied coated areas. G. 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 Article 3.05 for additional temperature and humidity limitations. H. 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 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 visually for signs of oil and moisture. A clean blotter at test completion means a 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 91H20 Hydro-Zinc primer. Prime coat shall be applied to provide 2.5 mils minimum dry film thickness, an average of 3-mils dry film thickness, and a maximum of 3.5-mils dry thickness. 2. Intermediate Coat: All interior surfaces shall then be painted with Tnemec Series N140/N140F Pota-Pox Plus, in 11WH White color, to an additional 4 mils minimum dry film thickness an average of 5-mils dry film thickness. Maximum total thickness allowed shall be 6-mils dry film thickness. An additional stripe coat shall be applied to all weld seams below the HWL. 3. Finish Coat: All interior surfaces shall then be painted with Tnemec Series N140/N140F Pota- Pox Plus, in 15BL Tank White color, to an additional 4 mils minimum dry film thickness. Total dry film thickness, including prime, intermediate coat and finish coat, shall not be less than 10.5 mils at any location and shall not average less than 13-mils dry film thickness. Maximum total thickness allowed shall be 15.5-mils dry film thickness. 4. 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 dry surfaces shall be coated with Tnemec Series 91H20 Hydro-Zinc primer. The prime coat shall be applied to 2.5 mils minimum dry film thickness and 3 mils average dry film thickness, and a maximum of 3.5-mils dry thickness. 2. Finish Coat: The interior tank surfaces shall then be painted with 1 coat of Tnemec Series n140/N140F Pota-Pox Plus. Color to be 15BL—Tank White. The finish coat shall be applied to 4 mils minimum dry film thickness. Total dry paint film thickness, including prime and finish coat, shall be not less than 6.5 mils at any 1 point. Average dry paint film thickness shall not be less than 8.0 mils. Maximum total thickness allowed shall be 9.5 mils dry film thickness. C. Exterior: 1. Prime Coat: After surface preparations are completed, all exterior surfaces shall be coated with Tnemec Series 91H20 Hydro-Zinc primer. The prime coat shall be applied to 2.5 mils REPAINTING WATER STORAGE 2011 Bonestroo 1 000055-11173-0 GE FACILITIES 099155-6 ■ I minimum dry film thickness and 3 mils average dry film thickness, and a maximum of 3.5-mils dry thickness. 2. Intermediate Coat: All exterior surfaces shall then be painted with Tnemec Series 73 or 1075 Endura-Shield, in one shade lighter in color than the finish coat, to an additional 2 mils minimum dry film thickness, an average of 2.5-mils dry film thickness. Maximum total thickness allowed shall be 3-mils dry film thickness. 3. Finish Coat: The exterior tank surfaces l o or Series 701 HydroFlon. Tank Co or to be shall elected by the Owner and City Name Sign Color to applied to provide 2.0 mils minimum dry also be selected by the Owner. Finish coat shall be appi film thickness, 2.5 mils average dry film thickness, and 3.0 mils maximum dry film thickness. Total dry paint film thickness, including prime, intermediate, and finish coat, shall be not less than 6.5 mils at any 1 point. Average dry paint film thickness shall not be less than 8.0 mils. Maximum total thickness allowed shall be 9.5-mils dry film thickness. Painting of foundation bases shall be carried down to a line just above the finish grade of the topsoil or concrete pad. 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 shall be applied by brush or roller. No spraying of exterior surfaces will be allowed. The Contractor and/or the Contractor's insurance company solely paint bear damage responsibility for promptlynresol resolved by the Contractor over-spray,nd/or the splatters. All claims of p 9 Contractor's insurance company. 3.05 WORKMANSHIP I A. All Work of this Contract shall be done in a workmanlike manner, by skilled personnel experienced d the particular o performed. be performed approved m ethods, ac ce ptable tools practices, and shall be performed in manner satisfactory to the Engineer. B. Proceed with surface preparation and coating application only when air surface temperatures are above the manufacturer's recommended minimum surface temperature in degrees Fahrenheit and below 100 degrees 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 degrees F (40 degrees 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 Engineer intends to monitor temperature and humidity to insure Contractor's compliance with the listed conditions. The Contractor shall record the relative humidity, air on for each day saidcwork is temerature upon The commencement and completion of coating app daily log shall be submitted to the Resident Project Representative for comparison with the Owner's data and verification or compliance. I C. Each coat shall be applied 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 b measured al and any.rWhe a thielo gthse specified film thickness shall be corrected by applying 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 I 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 IREPAINTING WATER STORAGE OF9A9 CITIES ©2011 BonestrooI 000055-11173-0 I I 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. E. If the coating is applied by spraying, use suitable nozzles to provide an adequate supply 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. F. No exterior spray painting will be allowed, except as noted. The Contractor shall take necessary precautions to avoid paint 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 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. H. 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 I A. The Contractor shall maintain adequate and continuous explosion-proof ventilation during all surface preparation and coating operations, and during all re-coat and curing shall be of the suction 9 periods. This the tank interior a clear atmosphere that and well below explosive cand toxic limits.maintain throughout 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. REPAINTING WATER ITI ©2011 Bonestroo 1 000055-11173-0 STORAGE FACILES 09 91 55-8 I 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. 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 from weather and temperature below 60 degrees F The area shall be maintained in a safe, neat, and clean manner and free from fire, G. All Work shall be performed in a safe and orderly manner, all in compliance with the standards as prescribed by OSHA and the Minnesota Department of Labor and Industry, Division of Accident Prevention. The Contractor will be required to comply with OSHA Regulations, including 5205.1000 through 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 and disinfected by use of chlorine applied in a concentrated solution, sprayed over the entire surface and then washed down with clean water in accordance with the specifications of the Minnesota Health I1I Department, and AWWA C652-02, Section 4.3.2: Chlorination Method 2. B. The disinfected surfaces shall remain in contact with the chlorine solution for at least 30 minutes. Then all disinfected surfaces, includi9Remove all chlorine solution and purge water fgom the interior.washed and purged with clean water. interior. Following this, potable water shall be admitted. C. After chlorination and before the facility is placed in operation, water from the full facility shall be sampled and tested for coliform organisms in accordance with the latest edition of Standard facility Methods for the Examination of Water and Wastewater. If the sample is negative, 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. D. Bacterial tests will be taken by an independent laboratory designated by the Owner. 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. 3.08 MISCELLANEOUS A. Paint Thickness: Dry film thickness (D.F.T.) readings of the coating are taken to provide 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 111 measurement shall consist of an average of 3-gage readings next to each other no further than 6 inches apart. Each spot measurement must meet at least the specified minimum thickness. The REPAINTING WATER STORAGE OF9 91LITIE9 ©2011 Bonestroo 1 000055-11173-0 1 single gage readings, however, making up the spot measurements are permitted to be no less than 80 percent of the specified minimum thickness. 3.09 CLEAN UP AND DISPOSAL A. After completion of the tank painting, the Contractor shall remove products, blasting sand, and debris of any kind caused by the Pr ject. He shall leavelthe premises in a neat, clean condition, and shall restore all areas, such 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. B. 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 material or rubbish on a daily regular schedule as directed by the Engineer. All unneeded construction equipment shall be removed from the Site and all damages, required expeditiously so that the adjacent property is inconvenienced as little as possible. C. During exterior sandblasting and coating operations, the Contractor shall provide adequate I 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 debris caused by his operations. This shall include but not be limited to sidewalks, streets, driveways, yards, and roof tops. 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 I in accordance with R.C.R.A. 40 CFR 261.7 and Minnesota State Regulations.ty containers" shall be 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 MATERIALS. TCLP TESTING SHALL BE FOR ALL 8 SPECIFIC CONSTITUENT CONCENTRATIONS (8 HEAVY METAL/INORGANICS) AS SHOWN IN 40 CFR 261.24, TABLE 1 OR AS AMENDED BY REGULATION. 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 lbyhim. 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 32 92 00. H. No burning of trash (including abrasive bags or other paper or wood products) on the Site shall be permitted. All shielding, abrasive retrieval or other methods of using precautions required by the ©2011 Bonestroo 1 000055-11173-0 REPAINTING WATER STORAGE FACILITIES 09 91 55-10 I regulating agencies shall also be accomplished at no additional cost to the Owner, unless otherwise 1 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. 3.10 SITE CONSTRAINTS A. As shown on the Site Plan, the Contractor shall work within the areas shown on the Drawings. Parking is limited and additional parking if required shall be at the Contractor's expense and choosing. 3.11 MEASUREMENT AND PAYMENT A. Separate Lump Sum Bid Items are provided for the following: 1. Exterior cleaning, surface preparation, disposal, and painting (including City name signs). 2. Interior wet cleaning, surface preparation, disposal, and painting. 3. Interior dry cleaning, surface preparation, disposal, and painting touchup. 4. Full, Negative-Air Containment. 5. The Site work defined in this Section shall be included in the Lump Sum Bid for Mobilization. B. Alternate Additional Interior Dry Painting. All Contractors shall include an alternate add bid for the dry cleaning, surface preparation, disposal, and painting of the entire access tube and bowl as well as spot repairs of about 5% of the remaining interior dry surfaces. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. IEND OF SECTION 1 I I I I I I REPAINTING WATER STORAGE FACILITIES 09 91 55-11 ©2011 Bonestroo 1 000055-11173-0 I SECTION 26 42 00 CATHODIC PROTECTION (ALTERNATE NO. 2) PART 1 GENERAL 1 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. 1.02 SUBMITTALS A. Submit shop drawings and operation and maintenance manuals for the system as specified in Section 01 33 00: 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. 1.03 QUALITY ASSURANCE 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. B. All panels provided under this Section shall meet the requirements of UL-508. tC. All panels shall be UL listed or third party certified. D. All panels shall be listed or third party certified when delivered to the 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. PART 2 PRODUCTS 2.01 MANUFACTURERS 1 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 ANSI/AWWA D104-04. It shall be a Type A, IR drop free system with, but not limited to, the following features: 1. Weatherproof cabinet in accordance with NEMA 3R requirements. i2. 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. CATHODIC PROTECTION (ALTERNATE NO.3)CATHODIC PROTECTION (ALTERNATE NO.2) 26 42 00- 1 ©2011 Bonestroo 1 000055-11173-0 t 8. Provisions for 110-120Vac, 60Hz, single phase power. I 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). 11. Automatic controller shall adjust current output to compensate for changes in water level, temperature of water, water chemistry, and cathodic polarization, and shall include the provisions. a. Monitor the tank-to-water potential, free of IR drop. b. 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. d. Operate within 25MV of a preset value. e. Limit current to a preset value. f. Utilize potential meter(s) to display tank-to-water potential, free of IR drop. B. The overall efficiency of the power unit shall exceed 65 percent and the power factor 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. C. The anode suspension system shall be designed to be resistant to ice damage. The 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 taped. D. The anodes shall be submerged in water and of sufficient length, number and 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 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 prevent water migration. I E. Reference Electrodes: The standard reference electrodes shall have a reproducible 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 submerged surface area. The reference electrode to lead wire connection shall be encapsulated to prevent water migration. F. The pressure fitting entrance shall accommodate anode and reference electrode lead 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. I 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 the tank shall be insulated and run in rigid 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. PART 3 EXECUTION 3.01 INSTALLATION I CATHODIC PROTECTION(ALTERNATE NO.3)CATHODIC PROTECTION N ALTERNATE ©2011 Bonestroo 1 000055-11173-0 ( NO.2) 26 42 00-2 A. The cathodic protection system is to be installed in a workmanlike manner by factory trained personnel skilled and experienced in this Work. Any new electrical material (conduit, boxes, wire, etc.) shall be of same or better material and quality as existing. All electrical work shall conform to Ithe latest edition of the National Electrical Code (NFPA70) B. Conduits shall be secured to the tank structure with metal finger clips at intervals of not more than 1 10 feet. C. Welding and cutting of steel coupling and anchors for horizontal anode suspension and rectifier I mounting bracket shall be 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 Ireplaced. E. The rectifier shall be mounted no more than 6'-0" from the top of the enclosure to the finished Ifloor. F. All electrical connections inside the tank shall be sealed to prevent water migration. I 3.02 MISCELLANEOUS MATERIALS A. All other incidentals necessary for a complete installation will be new materials and good I workmanship in keeping with local electrical codes and practices and subject to approval by Owner. ' 3.03 STARTUP AND INSTRUCTION A. The equipment manufacturer shall provide the services of a factory trained service crew to startup I the installation, assure the system is working properly, and instruct the Owner's personnel in its operation and maintenance. B. When the system is energized and set into operation, the cathodic protection supplier will I demonstrate in the presence of the Owner representative that an adequate level of cathodic protection is maintained in accordance with the following performance criteria: 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 using an independent CuCUSO4 I reference electrode and a high input impedance voltmeter. 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 the cathodic Iprotection supplier at no additional cost to the Owner. 3.04 WARRANTY 1 A. The cathodic protection manufacturer shall warrant all parts and labor required to maintain the system in operation for 2 years after the date the system is started. The manufacturer will repeat I the potential profile test in the presence of the Owner's Engineer to confirm potentials remain within the specified range after 12 months and again after 24 months. B. If at start-up time or just prior to the expiration of the warranty, the potential measured fall I 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 system supplier will run additional potential measurements to I CATHODIC PROTECTION (ALTERNATE NO.3)CATHODIC PROTECTION(ALTERNATE NO.2) ©2011 Bonestroo 1 000055-11173-0 26 42 00-3 confirm all potentials are within the specified range. All modification work and testing will be conducted at the sole expense of the system supplier. 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 manufacturer's quotation for the cathodic protection equipment. 3.05 MEASUREMENT AND PAYMENT I A. The Work of this Section shall be included as part of Alternate Nol. 3 for the installation of the new cathodic protection system. Include all costs of removing the existing system as part of this work. All Work described shall be included in the ALTERNATE NO. 3 —CATHODIC PROTECTION BID ITEM. 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 1 I I 1 1 1 1 l 1 CATHODIC PROTECTION(ALTERNATE NO.3)CATHODIC PROTECTION ©2011 Bonestroo I 000055-11173-0 (ALTERNATE NO.2) 26 42 00-4 1 iSECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, and sod to all areas damaged during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sodding with Topsoil. Measurement will be based upon lump sum for the restoration of all areas disturbed during Work on the Site. The less areas disturbed by the Contractor, the less area will require restoration. All damaged and disturbed areas shall be repaired with a minimum 4"of topsoil, and sod installed complete in place as specified. The lump sum price shall include installing topsoil, soil amendments, furnishing and installing sod, preparation of surface maintenance, and all incidental items associated with the Work to restore the Site to its original condition or better. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction,"2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Provide source and invoice for sod to be used for this Project. 1 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. The establishment period for sod is 30 days. PART 2 PRODUCTS 2.01 TOPSOIL: Topsoil Borrow Conforming to MnDOT Spec. 3877.2A. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. TURF AND GRASSES ©2011 Bonestroo I 000055-11173-0 32 92 00-1 1 B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). I 2.03 SOD: Conform to MnDOT Spec. 3878. PART 3 EXECUTION I 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations of damaged areas that will require restoration with topsoil and sod. Schedule for restoration of areas may be revised to fit field conditions. I B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. I C. Finish grades are to be inspected and approved by the Engineer prior to start of placement of sod. 3.02 DELIVERY AND STORAGE I A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep fertilizer in dry storage away from contaminants. 3.03 PREPARATION I A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 3.04 PLACING SOD A. Conform to MnDOT Spec. 2575.3I. I t TURF AND GRASSES ©2010 Bonestroo 1 000055-11173-0 32 92 00-2 I 3.05 MAINTENANCE A. 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 restored over to the same requirements of the original work. B. Any sod that does not show definite growth and establishment 30 days after installation shall be replaced and established at the proper season by the Contractor at his/her expense. C. Watering of sod areas shall be done for a minimum period of 30 days from installation sufficient to ensure establishment of permanent vegetation. 3.06 INSPECTION AND ACCEPTANCE A. Turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment determine the conditions of areas specified ed orslandscapingpection of planting(s) will be made to C. When inspected landscape work does not comply with requirements, continue specified maintenance until re-inspected by Engineer and ound to be acce blek and Remove rejected materials from the Site. END OF SECTION I I I I r ©2010 Bonestroo 1 000055-11173-0 TURF AND GRASSES 329200-3 I 111 SECTION 33 01 16 1 STEEL WATER RESERVOIR REPAIRS PART 1 GENERAL 1.01 SECTION INCLUDES IA. Structural repairs and modifications to the interior and exterior of Oak Park Heights 500,000 Gallon Water Tower No. 2. All references to Photographs or Drawings are included in these Specifications: 1. Interior Structural: a. Seal weld the inside of the joint between the roof plate and the access manway, ventilation manways (2) vent. Seal weld the inside of the dollar plate butt joint. See photos 2 and 4 in Section 00 31 00. b. Seal weld all 30 bolted roof-rafter connections at the center compression ring with 1/4-inch fillet weld. After welding, remove all nuts and bolts. See photos 3 in Section 00 31 00. c. Caulk the lapped plate joint between the roof plates and the center compression ring section with urethane caulk. See photos 2 and 4 in Section 00 31 00. d. Remove the interior wet ladder attached to the drywell tube. See photos 16 and 17 in Section 00 31 00. e. Remove all erection scab marks and weld spatter below the High Water Level by air arc I: gouging, cutting torch or grinding. There are approximately 150 erection bracket scab marks. Repair the tank surface by welding and grinding. This will require an estimated 80-labor hours of welding and grinding. f. Replace the one 24-inch round manway gasket located in the tank bowl and the one 18-inch oval manway gasket located in the drywell tube. See photos 25 and 26 in Section 00 31 00. g. Urethane-caulk the annular space between the shell rim angle and the roof plates. See photos 5, 6, and 7 in Section 00 31 00. h. Replace the 3 or 4 broken and/or burnt out light bulbs and globes on the light fixtures on Ithe interior of the dry riser. See photo 28 in Section 00 31 00. i. Replace approximately 6 antenna coaxial cable expansion style support brackets with welded in place brackets. See photos 21 and 22 and KLM Drawing No. 42 in I Section 00 31 00. This item is only required if Alternate No. 3 is accepted. j. Install a DBI/SALA OSHA approved safety climb cable system to the ladder to the bowl manway. Provide the identical system that matches the existing safety climb system on the ladders at Water Tower No. 1. See photo 26 in Section 00 31 00. I k. Install a small diameter hinged cover hatch or flanged bolted cover hatch in the floor of the drywell tube to accommodate the exterior containment raise/lower cable. See photos 27 and 30 in Section 00 31 00. 2. Exterior Structural: a. Replace the existing vent and overflow pipe screens with a corrosion resistant, heavy- gauge #4 mesh screen. See photos 33 and 36 in Section 00 31 00. b. Install one 24-inch diameter round, hinged roof ventilation manway approximately 180 degrees from the existing roof ventilation manway to provide additional ventilation and comply with OSHA Confined Space Entry Requirements. See KLM Drawing No. 25 and photo 34 in Section 00 31 00. Ic. Remove the existing FAA obstruction light and associated conduit and install a new FAA approved LED double obstruction light on the roof handrail. Provide a complete spare FAA approved LED double construction light. FAA light to meet the following requirements. 1) Approved under FAA specification L-810. ©2011 Bonestroo 1 000055-11173-0 STEEL WATER RESERVOIR REPAIRS 330116-1 I 2) Red LED based obstruction light. I 3) Weather and corrosion resistant lamp assembly and housing. 4) Rated 120V, 12.5W. 5) FM approved photocell control. 6) Drain holes in the fixtu as ro prevent red the accumulation of condensation. t 7) Conduit entrance tap sized 8) Manufacturer: Honeywell L810LED-002, or equal. d. Remove the two 2.5-inch rigging to 2ling in the roof. of. Seal weld 4iInide and outside repair plates over the opening. See pho Section 00 31 00. 3. Alternate No. 1 - Mixer: repai the ion of a. In lieu of removing the ladder as discussed s 16 in in Sectiono00� 31 OOr I st 011 a°mixertw'th ladder damaged by ice. See photo mounting bracket and controls as specified in paragraph 2.03 below. 1.02 SUBMITTALS A. Submit shop drawings for the following items: 1. Manhole gaskets per Paragraph 1.01.A.1.f. 2. Safety climb cable system per Paragraph 1.01.A.1.j. 3. Fail-safe (pressure-vacuum relief) with removable ent per r Paragraph 1.01.A.2.b. 4. 24 inch diameter hinged roof manway p 5. Aircraft warning obstruction light per Paragraph 1.01.A.2.c. 6. Mixer per Paragraph 2.03. (Alternate No. 1). 1.03 QUALITY ASSURANCE A. Standards: The design, fabrication, and i installation of Ithe°urhent American Water Works Association O1C shall be in accordance with the requirements Specification ANSI/AWWA D100 for Welded Tanks for Water Storage. Approvals: The requirements of OSHA and the Minnesota Industrial Commission shall be OSHA B. App pertinent 1 for the design and construction of the additional items and all other shall be followed in carrying out this Contract. PART 2 PRODUCTS I 2.01 STEEL MATERIAL A. All steel material shall be A36 rolled sections and plates. 2.02 GASKETS A. Buna-N N Rubber with a durometerhardness of 50 on the Shore Scale as manufactured by Power Process Equipment, phone (612) g 2.03 SUBMERSIBLE MIXER(ALTERNATE NO. 1) A. Provide one 3/4-HP submersible mixer, which shall e aached to the a Kasco De-IcernModel F3400 ladder to the remain by means of a dock mounting kit. The mixer optional 50-foot power cord, or equal. Provide th submersible mixer. o piing with cap in the dry riser. This is to be a used to used to supply power I STEEL WATER RESERVOIR REPAIRS 16 2 2011 Bonestroo I 000055-11173-0 I I tB. Attach to interior tank ladder with a dock mounting ng kit at the elevation determined by the C. Submersible Mixer Control Panel. 1. One twistlock mixer receptacle shall be provided in the dry riser above the overflow elevation of the tank. 2. Enclosure: a. Wall mounted, NEMA 3R, UL-508 listed. b. 16 gauge galvanized steel. c. 16 gauge galvanized steel door with a continuous hinge and stainless steel pin. d. Hasp and Staple provided for padlocking. e. No knockouts or spare holes. f. Collar studs for mounting interior panel. g. Grey polyester powder or weather-resistant paint finish over phosphatized surfaces. h. Internal heaters with adjustable thermostat control to prevent condensation and/or freezing. Heaters shall be sized as required to maintain temperature required for proper operation of all components inside the panel. i. A 12 inch x 12 inch x 1 inch pocket inside the exterior door shall be provided for clipboard and information storage. I j. Enclosure Manufacturer: Hoffman Enclosures, or equal. 3. All control relays, timers, pushbuttons, selector switches, and other devices shall be provided as specified and as shown on the Drawings. 4. A"HAND-OFF"selector switch for the mixer shall be provided on the front of the control panel: a. In the HAND position, the associated mixer shall be called to run continuously. b. In the OFF position, the associated mixer shall be taken out of operation. 5. A current monitor for the mixer shall be provided inside the associated mixer control panel to provide proof of operations: a. Microcontroller based. b. Adjustable for single or three phase. I c. Adjustable current sensing range from 2-135A. d. Sensor power and output status LED's. e. 115Vac control power. f. SPDT relay rated for 480VA @240Vac. g. Manufacturer: SymCom Inc. Motor Saver LSR-115, or equal. 6. Provide contacts and terminals for monitoring points by the RTU. IPART 3 EXECUTION 3.01 STRUCTURAL REPAIRS AND MODIFICATIONS 1 A. Furnish, install, and/or perform all structural repairs and modifications as listed in 1.01.A. 1 B. Repair by welding and grinding the erection scab marks, weld splatter, and poor welds as listed in 1.01.A. C. Modify and add new tank accessories as listed in 1.01.A. 1 D. All repairs by welding shall be ground smooth or radiused. certified welder under the direction of the Engineer. All welders sshalllbe ertifi dbin 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 RP0178-95 as contained in Appendix C of these Specifications. 1 I ©2011 Bonestroo 1 000055-11173-0 STEEL WATER RESERVOIR REPAIRS 330116-3 I 3.02 MEASUREMENT AND PAYMENT A. A Lump Sum Bid Item is provided for Structural Item d listed in Part'1.01!A.1 Lump Sum Bid It items for all work generally described by the Bid Item that is shown, specified, Documents. B. A Unit Price Bid Item is provided for Welding,ncl desrItem d listed in Part li of 01.A Erection Bracket this Section.Scab Marks and Weld Spatter. This Bid Item Payment by the man-hour for pit welding, grinding, or removal of the erection bracket scab marks shall be compensation in full for all labor, equipment, t or specified seal welding will Holt be paid grinding attributable to specified repairs, hourly, since it is covered in the Lump Sum Bid Items. C. An Alternate Bid Item has been provided for the ovide addition of a install Mixer in the mixer in the tank, the'wiring, Alternate Bid Item shall include all costs p installation of conduit, control panel, etc.the bid foed in this section. All contractors shall include an alternate bid add for this alternate on D. All other 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 1 I 1 I I I I STEEL WATER RESERVOIR 33 R 16 R4 ©2011 Bonestroo 1 000055-11173-0 all I I.... N Aid, illi'M 1 _lc it r 111� -ssw EA III/ - Mal UMW Ill 1 7 I „a- , _..,„, , ill szos impa ma ,---- - 0 RON IN g hi ______ ■ Amid I 11111 F ILO mu 1 11._ _______--1--, � = I ' _ ` H ir -Iirr F----- =� Kul 11E_ NI jil INI li II mini lc_ 58th STREET N. w 8 / ) ",__ __ ■ 1111! ROJECT i n . All s -0 1111■■■/ or_ r !i�1/, \ „?. ��i 1I.Ilul. 0" ->\\ L•CATION = Or■ o 111 Nib r., t 1 11 1. ■ ilicy 7 „„/„._...... .., /° 9) _ _______ __ _ 1 _ _ _________,, 1 L___ ) '� III c�� BID I ME SITE— 1111 1 L _.„).--- N1 iii __ 1 __ :,, - v / 4_, ,A___.. -- „--,, ii I / \\/ / ---N „„.„.-'', \ , 7,-' //p_____ _//7 ----: \ ■ L____ --- -.:\ ._-_-\\---): /-----_-,,,/-Li___1",, / ir 1 __ ____ S00 1000 Horizontal Scale In Feet LOCATION PLAN IOAK PARK HEIGHTS, MINNESOTA FIGURE 1 Bonestroo II500,000 GALLON WATER TOWER NO. 2 REHABILITATION K:\55\55111730\CAD\DWG\5511173FO1.DWG DATE: 3/8/11 COMM: 000055-11173-0 I il 1;e47.4 IIII s t W''' • 0 I 4..0 h, all al : / i ,iitio.,40, r 11 RETAINING WALL — b — CONSTRUCTION LIMITS 1 r FENCE r I i /� BITUMINOUS DRIVE I _ o 0o I SITE 401014 I ACCESS r w --1 Q r * t I LU 1-x, TRANSFORMER ( I O o I OVERFLOW z I HYDRANT I i VALVE MH L PROTECT TREES TYP. I X PROTECT WARNING SIREN L40' I, 60' 130' 58TH ST. N. r r N r 1 0 25 50 Horizontal Scale In Feet r I SITE PLAN * I OAK PARK HEIGHTS, MINNESOTA FIGURE 2 Bonestroo 500,000 GALLON WATER TOWER NO. 2 REHABILITATION r K:\55\55111730\CAD\DWG\5511173F02.DWG DATE: 3/8/11 COMM: 000055-11173-0 NI 11. Num ii. a ramovi = : - -- - - ... as - - NI .. _IN RIO 1111 NI= i• —= 1 Ir 1 • ME .. iiIlly 7ig�1iM��■i •■1,,,,,,,, rot____J,----- 1 ,,_,,,, ,,,, um(_, mo _ ko , ,,,,•, , ,I9 ,.....__ —F11111 _ � � „ I L_________L 1 , _ 1 - ■�' l ■ ■ .. _ . ...i. ...0: Y 1 ‘0. ., __ P. _� OA � ■rill - liTh -OL■ MMI- - -- , _ ): �TA H 36 ■�" ilimi .117. is'id' I a alroliglill nelliki ni MI IN Ilr—o I --�__ to' - Eli ■ MM._ z ■■■■■f&l.IUI t Lit . 58th STREET N. ( _/f/ n)8 ' „ _ ii": - ■ L•CATION 'PS • _61 _ 1 11111 /IIillk,AI- MI ' V H r M f " 101011�1 I lam_ - ii " r I■8 n I I__ , _ BID SITE mI-- • iid I _ , 1 , 1 / ;L_____„>, _ _i •, „/ ,----- __,-c------\\ z /'- . 1 /// . .,/ tz_ ,„ , , _____ ,...<- \ \\__ / 7, , 1\ \ - f \I -...L._,----_( / ,/ _Iii --1---------- T'-----J-=7---- 7// 1 \ ( I 1 \ \\ n-- //i/ 41, 1 0 500 1000 Horizontal Scale In Feet LOCATION PLAN OAK PARK HEIGHTS, MINNESOTA FIGURE 1 Bonestroo 500,000 GALLON WATER TOWER NO. 2 REHABILITATION K:\55\55111730\CAD\DWG\5511173F01.DWG DATE: 3/8/11 COMM: 000055-11173-0 dir r �` , • • 1 I ,1' ti - 1 ! a i RETAINING WALL — p'u I — CONSTRUCTION LIMITS 1 r FENCE 1 I BITUMINOUS DRIVE I . o•o- / SITE . ACCESS 1 I z 144040 ____I , u_i OA; ,• J 1 ce -J AV lxii L TRANSFORMER ce cc o I OVERFLOW z 0 HYDRANT livi/ - I I IVALVE MH -- ,r I LPR6CTTREESP. '-*; 1 PROTECT WARNING SIREN g 40' 60' 130' t 1 — - i - pa is 58TH ST. N. I Ni, I 1 0 25 50 Horizontal Scale In Feet I SITE PLAN 1 OAK PARK HEIGHTS, MINNESOTA FIGURE 2 Bonestroo 500,000 GALLON WATER TOWER NO. 2 REHABILITATION I K:\55\55111730\CAD\DWG\5511173F02.DWG DATE: 3/8/11 COMM: 000055-11173-0 I49.5' DIA. I r 1 .... •EL. 1083.32 j j I HIGH WATER I j rii Irjl ri I rll r,1 r i r il I � -Ij r,l r71 r7i i •EL. 1045.82 r�l N....................._ .......__________=i LOW WATER I U I II k Fill I 1 11I I- TOWER INFORMATION I III MANUFACTURER: PDM I III YEAR CONSTRUCTED: 1991 1 I III CAPACITY: 500,000 GALLONS I # ALTITUDE VALVE: YES I ill RISER PIPE DIAMETER: 16" I "III III L I I-4 L HI I I All I I III I I 1 1 1 411 HI I I ii EL. 958.5 Lb yyy TOP OF FOOTING 111 WATER TOWER ELEVATION O IOAK PARK HEIGHTS, MINNESOTA FIGURE 3 Bonestroo 500,000 GALLON WATER TOWER NO. 2 REHABILITATION IK:\55\55111730\CAD\DWG\5511173F03.DWG DATE: 3/8/11 COMM: 000055-11173-0 11 1 49'-6" I 1 I ■►" ■MW O■' II .■■■I `EV \■I 1• II A i It AS IV . ■• I MI■■ MO l/ A 1•1 MI • I iil■ II IN % Ai 1N ' VIM .• 4 VI ,4■ 'O■ \■•1 su■I II It VI A, \■ M. _AV /■M 'I i■\ `E■■ ENV .a• 11 IN, II I■\ '■ MIDPOINT 11111111111111111111111111111111111111 OF TANK , MIN IN II ■ ■► AEI 1E1 1 ► __ •••• EM■■ II III /■■I ■' AL-11 IN INI I■1 1UdI■■■ 00 ■■■■ • II I •__.■I NW 1•`_ 'OMEN ■■■I MI III MEET la Iv • ME ■■' 1•x\1, 1■■■ -H MUM MI IN 11 II. • II ■■ ■■. I■■■■ CITY NAME LETTERING 12"x12" I TO BE PAINTED SOLID - GRID COLOR TO BE DETERMINED I TANK COLOR TO BE DETERMINED I 30' 1 I I I 1 WATER TOWER NAME SIGN SCHEME # 1 OAK PARK HEIGHTS, MINNESOTA FIGURE 4 Bonestroo ' 500,000 GALLON WATER TOWER NO. 2 REHABILITATION K:\55\55111730\CAD\DWG\5511173F04.DWG DATE: 3/8/11 COMM: 000055-11173-0 I ECKBERG ti LAMMERS ®®i1 ATTORNEYS AT LAW Writer's Direct Dial: Stillwater Office: (651)351-2118 1809 Northwestern Avenue Stillwater, Minnesota 55082 Writer's E-mail: (651)439-2878 mvierling @eckberglammers.com Fax(651)439-2923 April 4, 2011 Hudson Office: 430 Second Street Eric Johnson Hudson, Wisconsin 54016 City Administrator (715)386-3733 Fax(715)386-6456 City of Oak Park Heights 14168 Oak Park Boulevard North www.eckberglammers.com Oak Park Heights, MN 55082 Re: 500K Gallon Water Tower #2 Rehabilitation, Project No. 000055-11173-0 Our File No.: 01501-00545 Dear Mr. Johnson: On behalf of the City,this office has reviewed the appended Contracts,Insurance Certificates,Payment and Performance Bonds, and finds the same to be in order, compliant with the statute in the City's ordinances. There are four (4) original sets that have been provided to you with this correspondence. One (1)copy will be retained by the City,two(2)will be forwarded back to the Contractor—one for them and one for their bonding agent, and thereafter one (1) will also be forwarded to the City's consulting engineers. If you have any questions in the matter, please feel free to contact - .• -: , Yoursv- - Mark . •_rling MJV/ndf Enclosures ECKBERG, LAMMERS, BRIGGS, WOLFF Fh VIERLING, PLLP Family Law/Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death Estate Planning/Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 3/30/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Klein Agency, Inc. NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g y nc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3570 N Lexington Ave. Suite 206 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St Paul MN 55126 INSURERS AFFORDING COVERAGE 651-484-6461 INSURED Odland Protective Coatings, Inc. INSURER A: General Casualty Insurance Co. INSURER B: 7655 Vernon Street INSURER C: Rockford, MN 55373 INSURER D: 16q-477-6621 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 A CGA 0220096 3/20/11 3/20/12 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY JEC LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS CBA 0220096 3/20/11 3/20/12 BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA OTHER THAN ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 4,000,000 A DEDUCTIBLE CCU 0220096 3/20/11 3/20/12 $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ A OTHER $500,000 Special Installation CIM 0220096 3/20/11 3/20/12 Form Coverage Floater $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: 500,000 Gallon Water Tower No. 2 Rehabilitation The City of Oak Park Heights and Bonestroo are named as additional insureds if required by written contract per the enodrsement attached to the general liability policy. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Oak Park Heights DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 14168 Oak Park Blvd NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Oak Park Heights, MN 55082 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPR A VES. AUT RIZED R R ENTATIVE ACORD 25-S(7/97) 0 ACORD CORPORATION 1988 DOCUMENT 00610 Bond #54L 184584 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): Odland Protective Coatings,Inc. United Fire&Casualty Company 7655 Vernon Street 118 Second Avenue SE Rockford, MN 55373 PO Box 73909 Cedar Rapids,IA 52407-3909 OWNER(Name and Address): City of Oak Park Heights 14168 Oak Park Blvd Oak Park Heights, MN 55082 CONTRACT Date: March 30, 2011 Amount: $353,500.00 Description(Name and Location): 500,000 Gallon Water Tower No. 2 Rehabilitation, Oak Park Heights, MN BOND Bond Number 54-184584 Date (Not earlier than Contract Date): March 30,2011 Amount: $353,500.00 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: Odland Protective Coatings,Inc. (Seal) United Fire&Casualty Company(Seal) Surety's dd CorporateS� Signature: / By: Name and Title: Tim iy R. Odland,President Signatu nd Title: John C.Klein,Attorney-In-Fact (Attach P wer of Attorney) Attest: �( f 1' ` (16114,97-17/-uv41126-6:e_.(Space is provided below for signatures of additional parties, signature and Title if required.) KLEIN AGENCYC 3570 N. Lexington Ave CONTRACTO R AS PRINCIPAL SURETY St. Paul, MN 55126 Company: (Seal) (651)484-6460Sea1) 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) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 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; I. 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 Hwy 36 W Address: 3570 N Lexington Ave. , Suite 206 St.Paul,MN 55113 St.Paul,MN 55126 651-636-4600 Phone: 651-484-6461 EJCDC No C-610(2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00610-2 DOCUMENT 00615 Bond #54-184584 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): Odland Protective Coatings, Inc. United Fire&Casualty Company 7655 Vernon Street 118 Second Avenue SE Rockford, MN 55373 PO Box 73909 Cedar Rapids, IA 52407-3909 OWNER(Name and Address): City of Oak Park Heights 14168 Oak Park Blvd Oak Park Heights, MN 55082 CONTRACT Date: March 30, 2011 Amount: $353,500.00 Description(Name and Location): 500,000 Gallon Water Tower No. 2 Rehabilitation, Oak Park Heights,MN BOND Bond Number 54-184584 Date(Not earlier than Contract Date): March 30, 2011 Amount: $353,500.00 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: Odland Protective Coatings,Inc. (Seal) United Fire&Casualty Company(Seal) Surety' e,,,and ,Corpo ate Se Signature: AI... e ULii,,,/ B d ` ti(�lf` Name and Title:Timoth . Odland,President Signa re and Title: John C.Klein,Attorney-In- ac (Atta ower of Attorney) pLcik, Attest: 4 el1 eati int OA/iv (Space is provided below for signatures of additional parties, Signature and Title KLEIN AGENCY,YVC if required.) 3570 N. Lexington Ave. CONTRACTOR AS PRINCIPAL SURETY St. Paul, MN 55126 Company: (Seal) (651)484-6461 (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) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 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 Hwy 36 W Address: 3570 N Lexington Ave. , Suite 206 St.Paul,MN 55113 St.Paul,MN 55126 651-636-4600 Phone: 651-484-6461 EJCDC No C-615 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 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 MINNESOTA COUNTY OF RAMSEY On this 30th day of March , 2011 , before me personally came Timothy R. Odland to me known, who being by me duly sworn, did depose and say; that he is the President of Odland Protective Coatings, Inc. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. l./1J1�lJJ./1J'll✓J_',.1".✓�fI✓Yff✓l- 1 � RITA M.CARLSON NOTARY PUBLIC•MINNESOTA S I My Commission Expires Jan.31,2015 ° Notary Public SURETY ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF RAMSEY On this 30th day of March , 2011 , before me appeared John C. 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. ././.llJ✓1.11lll✓./llrJ^+°✓.11l.!.lrll ( /_ RITA M.CARLSON C�{J/ �3f it' I &'"'}'--`' Notary Public = NOTARY PUBLIC-MINNESOTA ,,, My Commission Expires Jan.31,2015 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. KLETN,` OR JOHN C, KLEIN, OR STEPHEN M. KLEIN, OR KRISTIN M. BAKOS, ALL INDIVIDUALLY Of SAINT PAUL MN' its true and lawful Attorneys)-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 1 Bonds and to bind UNITED FIRE &CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duty 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 any officer 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 i of Dfrectorsor any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. t�ttt,�, IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by ...„*.2.3:1.*. �,� *. .t its vice president and its corporate seal to be hereto affixed this 1st day of may, 2008 courours N'sr,,, • UNITED FIRE CASUALTY COMPANY �` r �INtt11N,�' By State of Iowa, County of Linn,ss: Vice President On 1st day of May, 2008, before me personally came Dennis J. Richmann 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. Mary A.Jansen Iowa Ngta rial Seal Commission number 713273 My Commission Expires 10/26/13 Notary Public 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 in full force and effect. a 'tci��`,Er�, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company �� fi`''' , this 30th day of March 20 11 =� CORtORnrs It =' sis *''itrE� titre,\ Secretary BPOA00190706 J 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com March 24, 2011 RECEIVED MAR 6 nil Bonestroo Mr. Timothy Odland KLEIN AGENCY INC. Odland Protective Coatings 7655 Vernon St. Rockford, MN 55373 Re: City of Oak Park Heights, Minnesota 500,000 Gallon Water Tower No. 2 Rehabilitation Project Project No. 000055-11173-0 Notice of Award/Contract Documents Dear Mr. Odland: You are notified that your Bid dated March 21, 2011, for the above-referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of$353,500 for the Total Base Bid and Alternate No. 2. Enclosed are four Contract Documents between you and the City of Oak Park Heights covering the above-referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the.City of Oak Park Heights: Mark Vierling Eckberg Lammers Briggs Wolff&Vierling 1809 Northwestern Ave., Ste. 110 Stillwater, MN 555082 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Odland Protective Coatings (1 - your file, 1 -your bond company) 1 copy City of Oak Park Heights, Attention: Eric Johnson 1 copy Bonestroo, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of Oak Park Heights'attorney, a pre-construction conference will be scheduled with you and the City of Oak Park Heights to review the Project. Sincerely, Christopher W. Long, P.E. Enclosures: Four Contract Documents cc: Eric Johnson, City of Oak Park Heights Mark Vierling, City Attorney Engineering Planning Science