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Home My WebLink AboutContract Documents - Hunt I-I L1J Iltil 1- Josh Olson oject Manager Electric Corporation pe eW1 C S 2300 Territorial Road St.Paul,MN 55114 Phone:651-643-6505 Emergency:651-646-2911 Cell:612-747-7745 Fax:651-643-6575 jolson @huntelec.com tif; R sir For City of Oak Park Heights, PO Box 2007, Oak Park Heights, MN 55082 Date: December 2, 2010 _ For Period: 11/2/2010 to 12/2/2010 Request N1 1 AND FINAL Bonestroo Contractor: Hunt Electric Corporation, 2300 Territorial Road, St. Paul, MN 55114 CONTRACTOR'S REQUEST FOR PAYMENT ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT BONESTROO FILE NO. 000055-10168-0 SUMMARY 1 Original Contract Amount $ 27,783.93 2 Change Order- Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 27,783.93 5 Value Completed to Date $ 27,783.93 6 Material on Hand $ 0.00 7 Amount Earned $ 27,783.93 8 Less Retainage 0% $ 0.00 9 Subtotal $ 27,783.93 10 Less Amount Paid Previously $ 0.00 11 Liquidated damages $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 AND FINAL $ 27,783.93 Recommended for Approval by: BONESTROO Approved by Contractor: pprovi4 sy HUNT ELECTRIC CORPORATION CI y 0 K ° - •K HEIGHTS "crIZO.,-/Ar-%- Specified Contract Completion Date: Dat•: 55101630REQ1Final xlsm v Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID- PHOTOVOLTAIC SYSTEM 1 PHOTOVOLTAIC SYSTEM EQUIPMENT LS 1 12443.64 1 1 $12,443.64 2 INDIVIDUAL SOLAR PANEL EA 9 772.87 9 9 $6,955.81 3 ROOF MOUNTED FLOOD LUMINAIRES EA 4 730.17 4 4 $2,920.69 TOTAL BASE BID- PHOTOVOLTAIC SYSTEM $22,320.14 ALTERNATE NO. 1 4 BUILDING WALL PACK LUMINAIRE REPLACEMENT LS 1 1810,90 1 1 $1,810.90 TOTAL ALTERNATE NO. 1 $1,810.90 ALTERNATE 3 5 UPPER LEVEL LUMINAIRE REPLACEMENT- FIXTURE B LS 1 3652.89 1 1 $3,652.89 TOTAL ALTERNATE 3 $3,652.89 TOTAL BASE BID- PHOTOVOLTAIC SYSTEM $22,320.14 TOTAL ALTERNATE NO. 1 $1,810.90 TOTAL ALTERNATE 3 $3,652.89 TOTAL WORK COMPLETED TO DATE $27,783.93 55101680REO1 Final xlsm PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS BONESTROO FILE NO. 000055-10168-0 CONTRACTOR HUNT ELECTRIC CORPORATION CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 AND FINAL 11/02/2010 I 12/02/10 , 27,783.93 27,783.93 Material on Hand Total Payment to Date $27,783.93 Original Contract $27,783.93 Retainage Pay No. 1 AND FINAL Change Orders Total Amount Earned $27,783.93 Revised Contract $27,783.93 55101680REQ1 Final xlsm 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com Bonestroo December 21, 2010 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. P.O. Box 2007 Oak Park Heights, MN 55082-2007 Re: Energy Efficiency and Conservation Block Grant Brekke Park— Park Shelter Lighting Improvements Oak Park Heights Bonestroo File No.: 000055-10168-0 Dear Eric, Enclosed are three (3) copies of Request for Payment No. 1 and Final provided by the contractor for the aforementioned project.The IC-134 Forms have also been provided by the contractor and are enclosed. The contractor, Hunt Electric Corporation, in accordance with the contract plans and specifications, has satisfactorily completed this work. Therefore, it is recommended that final payment of$27,783.93 is made and the City of Oak Park Heights accepts the project. After acceptance, please distribute all requests for payments as appropriate. The original contract amount as indicated on the Contractor's Request for Payment is $27,783.93. The contract included Alternate No. 1 (Building Wall Packs) and Alternate No. 3 (6"LED Downlight Fixtures). The final construction cost is $27,783.93 as no changes occurred during the project. We have reviewed the original project costs for each part of this project and compared those to the final construction costs as stated on the following page. Oak Park Heights Page 2 Energy Efficiency and Conservation Block Grant December 21,2010 Original Final Contract Construction Amount Amount BASE BID Part 1 — Photovoltaic System $22,320.14 $22,320.14 Alternate 1 — Building Wall Pack Luminaire Replacement 1,810.90 1,810.90 Alternate 3 — Upper Level Luminaire Replacement- Fixture B 3,652.89 3,652.89 PROJECT TOTAL AMOUNTS $27,783.93 $27,783.93 As indicated above in the Project Totals, the Final Construction Amount was equal to the Original Contract Amount. If you have any questions or require further information please call me at 651- 604-4808. Sincerely, BONESTROO Christopher W. Long, P.E. copy: Mark Hanson 80722 Page 1 of 1 MINNESOTA. REVENUE Contractor's Withholding Affidavit Confirmation HUNT ELECTRIC CORP ID 9411139 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number 358202 Thu Dec 09 06:20:55 CST 2010 Project owner CITY OF OAK PARK HEIGHTS Project number 80722 Project begin date August 2010 Project end date October 2010 Project location 14168 OAK PARK BLVD Subcontractors BEFORT ROOFING 8739761 358004 https://www.mndor.state.mn.us/wc/action/confirmationPrint 12/9/2010 80722 Received Fax: 12/08110 12:00PM Fax Station, HUNT ELECTRIC CORP p.02 • MINNEScY A•REVENUE ■ I Minnesota Revenue Home I Contact Us 1 Helo 1 Contractor's Vt ithhoiding Affidavit Confirmation BEFQRT ROOFING INC ID 6739761 Please keep this information for your records.To print or save this page,use your browser's print or save function.Do not us')your browser's back button. Submit a Copy of this page to the project owner to receive your final payment. Confirmation number 358004 Wed Dec 08 11:14:12 CST 2010 Project owner CITY OF OAK PARK HEIGHTS Projectrlurnbor opk 4562 Project begin kt$te August 2010 Project end data September 2010 Project location 14168 OAK PARK BLVD N OAK PARK HEIGHTS,MN 550 12 Subcontractors No subcontractors listed. ► F„�r: ,r Minnesota Department of Revenue I Sit.privacy a security I Use of information https://www.mndor.state.mn.us/wc/action/process 12/8/2010 III CITY OF OAK PARK HEIGHTS PERMIT NO.: 2010-00241 14168 OAK PARK BLVD. N. #2007 OAK PARK HEIGHTS, MN 55082-2007 DATE ISSUED: 10/22/2010 (651) 351-1661 FAX: (651) 439-0574 ADDRESS : 5500 OMAR AVE N PIN : 04-029-20-13-0036 LEGAL DESC : BREKKE PARK : LOT 0 BLOCK 0 PERMIT TYPE : BUILDING PROPERTY TYPE : COMMERCIAL CONSTRUCTION TYPE : REMODEL VALUATION : $ 1,000.00 NOTE: PERMIT! ISSUED FOR ALTERATIONS TO BREKKE PARK SHELTER ROOF SYSTEM TO ACCOMMODATE SOLAR PANELS. WORK SHALL BE PER APPROVED PLANS&COMPLY WITH ALL MN STATE BUILDING CODE REQUIREMENTS AND CITY ZONING ORDINANCES. ELECTRIAL PERMIT REQUIRED FROM STATE OF MN. APPLICANT BUILDING PERMIT BASE FEE 38.75 PLAN REVIEW 25.19 HUNT ELECTRIC CORPORATION 9 STATE SURCHARGE BUILDING 0.50 2300 TERRITORIAL RD ST. PAUL, MN 55114- TOTAL 64.44 (651)646-2911 PAID WITH CHECK# 172345 OWNER CITY OF OPH- BREKKE PARK 14168 OAK PARK BLVD N PO BOX 2007 OAK PARK HEIGHTS, MN 55082-2007 AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to: (1)the conditions of this permit;(2)the approval plans and specifications; (3)the applicable city approvals, Ordinances,and Codes;and, (4)the State Building Code. This permit is for only the work described,and does not grant permission for additional or related work which requires separate permits. This permit will expire and become null and void if work is not started within 180 days, or if work is suspended or abandoned for a period of 180 days any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the Minnesota State Building Code. SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. Iv -'IC" % l,X' -- oS 0 \ �c ✓\ Oak Park Heights Application for Permit Owner: City of Oak Park Heights Contractor: HUNT ELECTIC CORPORATION Address: 14168 OAK PARK BLVD.N Address: 2300 TERRITORIAL ROAD OAK PARK HEIGHTS,MN 55082 ST.PAUL,MN 55114 Phone: ( ) 651-275-9590 Phone: ( ) 651-646-2911 JOB ADDRESS CLASS OF WORK Number Street New Add Sign Alter Repair Move Demolish 5500 OMAR AVE. ✓ I I Front or Width Side or Length Height in No of Area of Type of Occupancy Project in Feet in Feet Feet Stories Lot Construction infinn Occupied / �� 48 30 34 1 1440 Type3 0 $28,000 * • 00 Legal Description(if no address assigned: Description of Work Being Done:Solar Panels are to be added,and light fixtures to be changed to LED fixtures. By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights Building Department. The applicant further agrees to notify the Building Official of each the required inspections 24 hours in advance as noted upon the Inspection Record Card. .-Y--- Dated: 10-15-10 Ap licant's Signat e �� At. 4(JeIA ?/' ,!7�j tea' E For Office Only: 7City Building: 8 , 10 _ 2` t City Plumbing: City Mechanical: Jim Butler, Building Official Plan Review: ,S. I q City of Oak Park Heights State Surcharge: i, ` Signage: 14168 Oak Park Blvd. N. City Utility Meter: P.O. Box 2007 Utility Connection: Oak Park Heights, MN 55082 Utility Inspection: Metro S.A.C.: Direct: (651) 275-9590 Investigation Fee: Phone: (651) 439-4439 Other: FAX: (651) 439-0574 Total: _ ' i City of Oak Park Heights Inspections List Report Permit#From:2010-00241 To:2010-00241 Permit Type: All Property Type: All Construction Type: All Inspector: All Status: Pass/Fail/No Status Include Notes: Yes Permit# Site Address Applicant Inspection Type Status Sched Date Time Insp Actual Date Insp 2010-00241 5500 OMAR AVE N HUNT ELECTRIC CORPORATION FRAMING Fail 10/26/2010 JIMB Not Ready-No blocking. FRAMING REINSPECTION Pass 10/29/2010 JIMB Original failed on 10/26/2010. History: Not Ready-No blocking. ELECTRICAL-ROUGH IN Pass 10/28/2010 JOEW ELECTRICAL-FINAL Pass 10/28/2010 JOEW I did pass a final on 10/28/2010,for this 2 KW Solar installation(JW) BUILDING-FINAL Fail 11/01/2010 JIMB Need additional brackets because lag bolts were set in top core of truss rather than the blocks as they should have been. BUILDING-FINAL REINSPECTION Pass 12/22/2010 JIMB Original failed on 11/1/2010. History: Need additional brackets because lag bolts were set in top core of truss rather than the blocks as they should have been. 12-22-10: Letter received from Engineer. 3/31/2011 Page 1 of 1 t 1, '—'‘ 2335 Highway 36 W 49 S p , St.Paul,MN 55113 4, 1-� Tel 651-636-4600 —_ Fax 651.636-1311 r w ,, www.bonestroo.com 4. ; : #Bonestroo CITY OF OAK PARK HEIGHTS PRECONSTRUCTION MEETING AGENDA Energy Efficiency and Conservation Block Grant City of Oak Park Height, MN Bonestroo Project No. 000055-10168-0 Wednesday, October 13, 2010 2:00 P.M. . Sign Up Sheet and Introductions: a. See attached. . Notice to Proceed/Contract Status: a. Bond Status Review scope of work: Project fee Accepted Altern 4. Project Requirements: Federally funded Buy American requirements /2(Coordination with Xcel Permits 5. Construction Schedule: a. Equipment Installation b. Startup c. Testing d. Training e. Final Completion 6. Construction Access: 6 . Work hours b'?Building access (keys) 7. Material Storage: a. Shipping b. Locations c. Quantity/Sizes 1 of 2 8. Subcontractors: 9. Sho p drawings s and O&M manuals: 10. Payment Requests: 11. Solar Reward Rebates: 12. Other: 2of2 ILL T CVO UE o,v) LL oil- . CD,.co ;LL co 2 r;� CC a) `+j L co 'Co O�• y a) F- I (0 fa C E E ._ o` a) a) a W w o co a) E9; Z U O { co N € N O • E co N f0 r a) E m E m �, cn a a v o E Y o_ ‘--.o o ,o. y E o r•-...-_- c-7) W ;O O N 0 r N iCV d O O 'O 'C > r r o .o oo_ f 0 0 Co O O 0 c [ co 1.-E � OLL o -o Cu 0 .� 7 N 0 N N Y . 0) N O co c F— V) a co ai O !O O ',O N i)) Vl p) g 5 U :_O Y ` U 1.7) 0. 3 ;3Y old E z co Z F� FAO '` 5 Y O . '.0 d0 713 t4 o >` co a) L t Cs I Div 0, w �M 1 Io hi a O� j b a) m 0 <- CV I M d' O 1 l a0 L � 2 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): Hunt Electric Corporation ) Continental( Insurance Company p The p y 2300 Territorial Road,St. Paul,MN 55114 333 S.Wabash Ave. o, IL 60604 OWNER(Name and Address): Chicago, City of Oak Park Heights 14168 Oak Park Blvd N,Oak Park Heights, MN 55082 CONTRACT Date: September 20,2010 Amount:($27,783.89)Twenty-Seven Thousand Seven Hundred Eighty-Three and 89/100 Dollars Description(Name and Location): Energy Efficiency and Conservation Block Grant, Project No.000055-10168-0 Oak Park Heights, MN BOND Bond Number: 929508698 Date(Not earlier than Contract Date):October 11,2010 Amount:($27,783.89)Twenty-Seven Thousand Seven Hundred Eighty-Three and 89/100 Dollars 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: Hunt Electric Corpor ion Signature: , (Seal) The Continental Insurance Company _ (Seal) Name and Title:Michael Hanson, President Surety's Name and Corporate Seal By: Signature and Title thryn A. Dircz,Attorney-In-Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: J, A 4 _ , Signature an4 itle Witness CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00 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 dedicated to satisfy obligations of Contractor and Surety under this Bond, 2. With respect to Owner,this obligation shall be null and void if Contractor: subject to Owner's priority to use the funds for the completion of the Work. 2.1. Promptly makes payment, directly or indirectly, for all sums due 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(I) 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 or prohibited by law, the minimum period of limitation available to 4.1. Claimants who are employed by or have a direct contract with sureties as a defense in the jurisdiction of the suit shall be applicable. 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 of the date received at the address shown on the signature page. 4.2. Claimants who do not have a direct contract with Contractor: 13. When this Bond has been furnished to comply with a statutory requirement I. 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 waived,to pay Contractor as required by the Contract or to perform and 7. Surety's total obligation shall not exceed the amount of this Bond,and the 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: Osborne&Associates,420 Gateway Blvd, Burnsville,MN 55337(952)707-8200 Owner's Representative(engineer or other party):Bonestroo,2335 Highway 36 W, St. Paul, MN 55113(651)636-4600 00 61 13.16-2 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF ) ss COUNTY OF ) On the day of , 20 , before me personally appeared to me known, who, being by me duly sworn, did depose and said that he/she resides in that he/she is a member, manager, or officer of the limited liability company of and that he/she is duly authorized to execute the foregoing agreement in the name of and for the limited liability company. Notary Public, County, (Notarial Seal) My commission expires CORPORATE ACKNOWLEDGEMENT STATE OF Minnesota ) ss COUNTY OF Ramsey ) On the 11th day of October , 20 10 , before me personally appeared Michael Hanson to me known,who being by me duly sworn, did depose and say: that he resides in Minneapolis, MN that he is the President of the Hunt Electric Corporation the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order. „ ate,,=�, KARIN M.AVERY Notary Public,' >tiu� \ , d,�v i ' Notary Public-Minnesota County, Ramsey •, - '�" 4 E, e.l�nar'2o�a My commission expires January 31, 2015 ACKNOWLEDGEMENT OF CORPORATE SURETY STA l'F OF Minnesota ) ss COUNTY OF Dakota ) On the 11th day of October ,2010 , before me appeared Kathryn A. Dircz to be personally known, who is being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the The Continental Insurance Company , a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. .,,k.,r: Notary Public, gdel si ; CARLEY FRANCES REDDER County, Da to r NOTARY' N, R7,,,,,,„ sttdiNd oEXPIESo1 1 po15 My commission expires January 31. 2015 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT ' Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Kathryn A Dircz, Dennis G Diessner, Cathy Albachten, Kathleen L Lundquist, Julia C Cooper, Erica J Boldt, Mark N Kampf,Gordon D Olsen,Individually of Burnsville,MN,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of June,2010. ••'iiiiiiiiii The Continental Insurance Company v> 1;i �.•; ! LQ + e n,.fit/-'('`) +•.'••t•",'� Jacqu- •e M. :elcastro Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of June,2010,before me personally came Jacquelyne M.Belcastro to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that she knows the seal of said insurance company;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 insurance company and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. OFApALSFJ4. EUZA PRICE NOUN R1R1C•STATE 0iLIMOS C5atej f IY COMMON 10.111131111117/13 My Commission Expires September 17,2013 Eliza ice Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 11 th day of October , 2010 . �..•,� yg•`., The Continental Insurance Company 4a : ik it :at ciet. to • •' f Q. ceeci,,,,,Lz, Mary A. ika kis Assistant Secretary Form F6850-512009 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the company. "Article VI-Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President 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. 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 Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the l3`h day of January, 1989: RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." • 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): Hunt Electric Corporation The Continental Insurance Company 2300 Territorial Road,St. Paul, MN 55114 333 S.Wabash Ave. OWNER(Name and Address): Chicago, IL 60604 City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights,MN 55082 CONTRACT Date: September 20,2010 Amount: ($27,783.89)Twenty-Seven Thousand Seven Hundred Eighty-Three and 89/100 Dollars Description(Name and Location):Energy Efficiency and Conservation Block Grant,Project No.000055-10168-0 Oak Park Heights,MN BOND Bond Number: 929508698 Date(Not earlier than Contract Date): September 29,2010 Amount:($27,783.89)Twenty-Seven Thousand Seven Hundred Eighty-Three and 89/100 Dollars 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: Hunt Electric Corpora ion Signature: Opoeret (Seal) The Continental Insurance Company (Seal) Name and Title: Michael Hanson, President Surety's Name and Corporate Seal By: — Signature an Title Kathryn A. Dircz,Attorney-In-Fact (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: , _ Signature antTitle Witness CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No.C-610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. 00 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 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 responsibilities of Owner to Surety shall not be greater than those of Owner under 2. If Contractor performs the Contract, Surety and Contractor have no obligation the Contract. To a limit of the amount of this Bond,but subject to commitment 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 Contract,Surety is obligated without duplication for: 3. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety,at the addresses described in completion of the Contract; Paragraph 10 below, that Owner is considering declaring a Contractor 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, Surety under Paragraph 4;and s Contractor and Surety agree, Contractor shall be allowed a reasonable 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- performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated 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 this Bond to any person or entity other than Owner or its heirs, executors, 3.3. Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. 1. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change,including changes of time,to Contract or to related subcontracts,purchase orders,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 9. Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and located and shall be instituted within two years after Contractor 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 to perform its obligations under this Bond,whichever occurs first. If the provisions of 4.1. Arrange for Contractor,with consent of Owner,to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation 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 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 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 I. 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 proper payments tender payment therefor to Owner;or made to or on behalf of Contractor under the Contract. 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. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Osborne&Associates,420 Gateway Blvd,Burnsville, MN 55337(952)707-8200 Owner's Representative(engineer or other party) Bonestroo,2335 Highway 36 W,St. Paul,MN 55113(651)636-4600 00 61 13.13-2 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT STATE OF ) ss COUNTY OF ) On the day of , 20 , before me personally appeared to me known, who, being by me duly sworn, did depose and said that he/she resides in that he/she is a member, manager, or officer of the limited liability company of and that he/she is duly authorized to execute the foregoing agreement in the name of and for the limited liability company. Notary Public, County, (Notarial Seal) My commission expires CORPORATE ACKNOWLEDGEMENT STATE OF Minnesota ) ss COUNTY OF Ramsey ) On the 29th day of September , 2010 , before me personally Appeared Michael Hanson • to me known, who being by me duly sworn, did depose and say: that he resides in Minneapolis, MN that he is the President of the Hunt Electric Corporation the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order. KARIN M.AVERY Notary Public, �`�` �1,L�t� � Notary Public-Minnesota County, Ramsey A g ..�i+r �ri ,ter�a1'2ots My commission expires , January 31, 2015 ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF Minnesota ) ss COUNTY OF Dakota ) On the 29th day of September , 20 10 , before me appeared Kathryn A. Dircz to be personally known;,who is being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the The Continental Insurance Company , a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors, and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. 12141 ak Notary Public, ,� s�,`g CARLEY FRANCES REUDER � '^r NOTARY PUBLIC•MINNBBOTA County, D Dakota o t a '�',, aM D iF01/MI2015 My commission expires January 31 , 2015 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Kathryn A Dircz, Dennis G Diessner, Cathy Albachten, Kathleen L Lundquist, Julia C Cooper, Erica J Boldt, Mark N Kampf,Gordon D Olsen,Individually of Burnsville,MN,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of June,2010. �,...j s....•• The Continental Insurance Company • i•^� '.� , ,, t 11 61,A•,11, lkieLdfro •9''••!•"''.• Jacqu , e M. elcastro Senior Vice President State of Illinois,County of Cook,ss: On this 10th day of June,2010,before me personally came Jacquelyne M.Belcastro to me known,who,being by me duly sworn,did depose and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that she knows the seal of said insurance company;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 insurance company and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. OFFICIAL SEAL Etta RICE NOTARY Kt'CO .STAll OF TINOS o (5)zetej� ere<aaanrm My Commission Expires September 17,2013 Eliza ice Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 29th day of September , 2010 . ��..�.t The Continental Insurance Company ik it :z ,V, - t* p::al le tO Si a ctegLiwe:. •''••••••'''• Mary A. ika kis Assistant Secretary Form F6850-5/2009 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the company. "Article VI-Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President 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. 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 Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January, 1989: RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." A CERTIFICATE OF LIABILITY INSURANCE °A9/30lOD/YYY Page 0 ge 1 of 3 09/30/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Minnesota, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Hunt Electric Corporation INSURER A: Zurich American Insurance Company 16535-000 2300 Territorial Road St. Paul, MN 55114 INSURER B: Scottsdale Insurance Company 41297-001 INSURER C:American Zurich Insurance Company 40142-001 INSURER D: 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. INSRADD'L TYPE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD DATE IMM/DD/YYYY)DATE(MM/DD/YYYY) A X GENERAL LIABILITY GL0930646208 9/30/2010 9/30/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGES(RENTED DAMAGE RENTED $ 300 0 0 0 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,00 o 7 POLICY X JECT PRO- LOC A AUTOMOBILE LIABILITY BAP930646108 9/30/2010 9/30/2011 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) X $1,000 Comp Deduct PROPERTY DAMAGE X $1,000 Coll Deduct (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B X EXCESS/UMBRELLA LIABILITY UMS0025609 9/30/2010 9/30/2011 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 $ DEDUCTIBLE $ X RETENTION $ 10,000 $ A WORKERS COMPENSATION WC379564808 O TRYLIMITS OTH- ER AND EMPLOYERS'LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVEIN1 WC930646308 9/30/2010 9/30/2011 E.L.EACH ACCIDENT _ $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS RE: Energy Efficiency and Conservation Block Grant Project #No. 000055-10168-0 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Oak Park Heights REPRESENTATIVyS. 14168 Oak Park Boulevard North AUTOO D RESENTATIVE Oak Park Heights, MN 55082 ACORD 25(2009/01) Coll:3140546 Tpl:1157110 Cert: 4 94435 ©1988- 009 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD • Willis CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 09/30/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Minnesota, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Hunt Electric Corporation INSURERA: Zurich American Insurance Company 16535-000 2300 Territorial Road INSURERS: Scottsdale Insurance Company 41297-001 St. Paul, MN 55114 INSURERC:American Zurich Insurance Company 40142-001 INSURER O: INSURER E: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS It is hereby agreed that City of Oak Park Heights and Bonestroo (Engineer) are included as Additional Insureds under the General Liability, Automobile Liability and Umbrella Liability policies as respects work performed by the Named Insured as required by written contract, agreement or permit and executed prior to loss. Such insurance as is afforded to Additional Insured on the General Liability and Automobile Liability policies shall be Primary and Non-Contributory with any other insurance available to Additional Insured if required by written contract. Waiver of Subrogation applies in favor of additional insureds as respects General Liability, Automobile Liability and Workers Compensation when required by written contract, agreement or permit and executed prior to loss. Co11:3140546 Tp1:1157110 Cert:14794435 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(2009/O1) Co11:3140546 Tp1:1157110 Cert:14794435 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com September 20, 2010 Bonestroo Mr. William Mackey Hunt Electric Corporation- 2300 Territorial Road St. Paul, MN 55114 Re: City of Oak Park Heights, Minnesota Energy Efficiency and Conservation Block Grant Project Project No. 000055-10168-0 Notice of Award/Contract Documents Dear Mr. Mackey You are notified that your Bid dated September 13, 2010 for the above-referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of$27,783.89 for the Total Base Quote, plus Alternate No. 1 and Alternate No. 3. 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 Avenue So., Ste. 110 Stillwater, MN 55082-7521 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Hunt Electric Corp. (1 - your file, 1 -your bond company) 1 copy City of Oak Park Heights, Attention: Eric Johnson 1 copy Bonestroo, Attention: Patty Wegener Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of Oak Park Height's attorney, a pre-construction conference will be scheduled with you and the City of Oak Park Height to review the Project. Sincerely, (-AV CiFfN? Sue Opsahl Enclosures: Four Contract Documents cc: Eric Johnson, City of Oak Park Heights Mark Vierling, City Attorney J4 4644. -Oat gut f ?*.ecti9 40. This Page Left Blank Intentionally Bill Mackey HUNT Business Development tlectrle corporm,on Renewable Energy Direct Dial 651.643.6026 Cell 612.36(1.853,Z Email bma<key011oiltelec(•ora 2300 leMtotial Road St.Paul,MN 55114 Main Phone 651.646.29 I www.huntele.c.com Fax 65 1.643.6575 ECKBERCI LAMMERS ►�i, ATTORNEYS AT LAW Stillwater Office: Writer's Direct Dial: 1809 Northwestern Avenue (651)351-2118 Stillwater, Minnesota 55082 Writer's E-mail: (651) 439-2878 mvierling @eckberglammers.com Fax(651) 439-2923 October 4, 2010 Hudson Office: 2417 Monetary Boulevard Hudson, Wisconsin 54016 (715) 386-3733 Eric Johnson Fax (651) 439-2923 City Administrator City of Oak Park Heights www.eckberglammers.com 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Energy Efficiency and Conservation Block Grant Contracts -Hunt Electric Corp. City Project No.: 000055-10168-0 Our File No.: 01501-00545 Dear Eric: Enclosed herewith, please find four (4) original sets of Contracts which have been forwarded to our offices for review and approval. We have reviewed the Contracts,Payment and Performance Bonds and Insurance Certificates and find them to be in order. However,we note that relative to the Payment and Performance Bonds,the Bond Company is proposing an amendment or modification to Paragraph 6 of the Bond, which is appended as a general purpose rider to the Bond Certificates and documents. Relative to that proposed modification,we do not approve of the modification of proposed amendment and would require that the Surety be notified that that proposed modi •. ion' being rejected by the City before any execution of these Contracts goes forward on behalf. the C. . If you have any questions, please feel free to contact me •'real Yours e• ru ark J.V ierling MJV/ndf Enclosures ECKBERG. LAMMFRS, BRIGGS. WOLFF 8 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 A 2335 Highway 36 W St.Pail,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.mm September 14,2010 'Bonestroo Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, MN 55082-2007 Re: City of Oak Park Heights, MN Energy Efficiency and Conservation Block Grant Quote Summary Bonestroo File No. 000055-10168-0 Dear Mr. Johnson: Requests for Quotes for the Energy Efficiency and Conservation Block Grant were sent to four contractors on September 1, 2010. Only one quotation from Hunt Electric Corp was received on September 13, 2010. A summary of the quote is as follows: Part One-Photovoltaic System Photovoltaic System Equipment $12,443.64 Individual Solar Panels (9) $ 6,955.81 Roof Mounted Flood Luminaries $ 2,920.69 Total Base Quote- $22,320.14 Alt. No. 1 —Building Wall Pack Luminaire Replacement $ 1,810.90 Alt. No. 2—Upper Level Luminaire Replacement(A) $ 6,763.80 Alt. No. 3—Upper Level Luminaire Replacement(B) $ 3,652.89 The original construction cost budget provided by the City from the available grant funding was $24,290.00. It is our recommendation to award the base quote of$22,320.14. It is also our recommendation to award Alternate No. 1 and Alternate No. 3 as these items represent the original scope of work intended for the park shelter at Brekke Park. If both alternates are awarded, an additional cost of$3,493.93 beyond the grant funding will be incurred by the City.This amount does not include any contingencies or unforeseen circumstances. Please let me know if you have any questions. Oak Park Heights Page 2 Energy Efflciencyand Conservation Block Grant-Quote Results September 14,2010 Sincerely, SONESTROO Christopher W. Long, P.E. p 9r copy: City of Oak Park Heights: Andy Kegley,Judy Hoist Bonestroo: Sue Opsahl, Aaron Mueller, Rick Osa, Mark Hanson. .AI�'C��tb' h CERTIFICATE OF LIABILITY INSURANCE DAs 2s 010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poUcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Scott Labat Willis of Minnesota PHONE FAX 26 Century Blvd (NC No.Ext): 763-302-7100 (NC No): 763-302-7200 P.O. Box 305191 E-MAIL AGGRESS Nashville,TN 37230-5191 PRODUCER CUSTOMER ID#:224468 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Zurich American Insurance Company 16535-000 ,hunt Electric Corporation INSURER B:American Zurich Insurance Company 16535-000 2300 Territorial Road INSURER C:Scottsdale Insurance Company 41297-001 SL Paul,MN 5511.4 INSURER D: INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY£FF POLICY EXP LIMITS LTR INSR MD (MMIDD/YY) (MM/DDIYY' A GENERAL LIABLITY x GL0930646208 9/30/2010 9/30/2011 EACH OCCURRENCE $1,000,000 181 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 PREMISES(Ea onwrrence) ❑CLAIMS MADE MI OCCUR. MED EXP(Any one Person) $ 10,000 PERSONALS ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES GENERAL AGGREGATE $2,000,000 PER: PRODUCTS-COMPIOP AGO $2,000,000 ❑POLICY ID PROJECT ❑LOC A AUTOMOBILE LIABILITY x BAP930646108 9/30/2010 9/30/2011 eccldCOMeINED SINGLE UMIT(Ea ,$1,000,000 sntl 181 ANY AUTO BODILY INJURY(Per person) $ O ALL OWNED AUTOS BODILY INJURY IPer accident) $ ❑SCHEDULED AUTOS PROPERTY DAMAGE ❑HIRED AUTOS (Per accident) $ ❑NON-OWNED AUTOS $ 031$1,000 Deductible Comp&Collision $ C ❑UMBRELLA LIAB ®OCCUR x UMS0025609 9/30/2010 9/30/2011 EACH OCCURRENCE $1,000,000 ❑EXCESS LIAB ❑CLAIMS- AGGREGATE $1,000,000 MADE $ ❑DEDUCTIBLE $ . MI RETENTION $10,000 A WORKERS COMPENSATION AND X WI : 9/30/2010 9/30/2011 x wcsrar OT EMPLOYERS LIABILITY WC379564808 EL EACHUMu ITS I+ I ER B ANY PROPRIETORIPARNER1EXECUTIVE YIN X AOS 9/30/2010 9/30/2011 ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? WG930646308 E.L DISEASE-EA $ 1,000,000 (Mandatory In NH) EMPLOYEE If yes,describe under E.L.DISEASE- $ 1,000,000 DESCRIPTION OF - POLICY LIMIT OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:Energy Efficiency and Conservation Block Grant Project#:000056-10168.0 CERTIFICATE HOLDER CANCELLATION City of Oak Park Heights SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE 14168 Oak Park Boulevard North THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Oak Park Heights,MN 55082 ACCORDANCD WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The Acord name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 224468 LOC#: AC© ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Willis of Minnesota POLICY NUMBER Hunt Electric Corporation CARRIER NAIL CODE EFFECTIVE DATE: 9/30/2010 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM 11TLE: It is hereby agreed that City of Oak Park Heights and Bonestroo(Engineer)are included as Additional Insured as respects to the General Liability,Auto Liability and Umbrella Liability policies but solely in regards to work being performed by or on behalf of the named insured when required by written contract,agreement or permit executed prior to a loss. It is further agreed that such insurance as is afforded to Additional Insured on the General Liability and Auto Liability policy shall be primary and non-contributory with any other insurance in force for or which may be purchased by Additional Insured when required by written contract,agreement or permit executed prior to a loss. Waiver of subrogation applies in favor of Additional on the captioned General Liability Policy,Auto Liability policy and Workers Compensation policy when required by written contract,agreement or permit executed prior to a loss. ACORD 101(2008/01) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD t •. A °® CERTIFICATE OF LIABILITY Y INSURANCE Page 1 of 3 09/23/2 0 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Minnesota, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Hunt Electric Corporation INSURER A: Zurich American Insurance Company 16535-000 2300 Territorial Road INSURER B: Scottsdale Insurance Company 41297-001 St. Paul, MN 55114 INSURER C: INSURER D: 1 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 INSRO TYPE OF INSURANCE POLICY NUMBER DATE I EFFECCTIVE POLICY EXPIRATION LIMITS DATE(M FFEC IVE DATEtMM/DIRATIOI A X GENERAL LIABILITY GL0930646207 9/30/2009 9/30/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(EaEocccurrence) $ 300,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL BADVINJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 -1 POLICY X I JE 0. `LOC A X AUTOMOBILELIABIUTY BAP930646107 9/30/2009 9/30/2010 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) X $1,000 Comp Deduct PROPERTY DAMAGE $ X $1,000 Coll Deduct (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B X EXCESS/UMBRELLA LIABILITY UMS0024825 9/30/2009 9/30/2010 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 DEDUCTIBLE _ $ X RETENTION $ 10,000 A WORKERS COMPENSATION WI WC379564807 9/30/2009 9/30/2010 X TOR Y LIMITS OTH- ER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE 1 YIN I AOS WC930646307 9/30/2009 9/30/2010 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory lnNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If Yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Energy Efficiency and Conservation Block Grant Project #No. 000055-10168-0 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Oak Park Heights REPRESENTATIV S. 14168 Oak Park Boulevard North AUTHO D E ESENTATIVE Oak Park Heights, MN 55082 ACORD 25(2009/01) Coll:3132804 Tp1:980063 Cart:1 7 3270 ©1988- 009 ACO DR CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD DATE WIIIIS CERTIFICATE OF LIABILITY INSURANCE Page 2 of 3 09/23/2010 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis of Minnesota, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC# INSURED Hunt Electric Corporation INSURER A: Zurich American Insurance Company 16535-000 2300 Territorial Road INSURERS: Scottsdale insurance Company 41297-001 St. Paul, NN 55114 INSURER C: INSURER D: INSURER E: DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS It is hereby agreed that City of Oak Park Heights and Bonestroo (Engineer) are included as Additional Insureds under the General Liability, Automobile Liability and Umbrella Liability policies as respects work performed by the Named Insured as required by written contract, agreement or permit and executed prior to loss. Such insurance as is afforded to Additional Insured on the General Liability and Automobile Liability policies shall be Primary and Non-Contributory with any other insurance available to Additional Insured if required by written contract. Waiver of Subrogation applies in favor of additional insureds as respects General Liability, Automobile Liability and Workers Compensation when required by written contract, agreement or permit and executed prior to loss. Co11:3132804 Tp1:980063 Cert:14723270 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) Co11:3132804 Tp1:980063 Cert:14723270 I I SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER 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 Mi. esota. Aaron Mueller, PE, LEED AP Date: August 2010 License # 46184 END OF SECTION 1 I I I I 1 I I PROFESSIONAL CERTIFICATIONS ©2010 Bonestroo 1 000055-10168-0 00 01 05-1 I I 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 00 41 10 Quote Form 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 00 73 40 Funding Agency Requirements SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 10 00 Summary I FACILITY SERVICES SUBGROUP Division 26- Electric 26 05 05 Basic Electrical Materials and Methods 26 05 19 Low Voltage Electrical Power Conductors and Cables 26 05 33 Raceways and Boxes for Electrical Systems 26 08 00 Commissioning of Electrical Systems 26 27 26 Wiring Devices 1 26 28 29 Disconnects PROCESS EQUIIPMENT SUBGROUP Division 48—Electrical Power Generation 48 14 13 Solar Energy Collectors ATTACHMENTS Figure E3.01 Park Shelter Lower Level Electrical Plan Figure E3.02 Park Shelter Upper Level Electrical Plan Figure E3.03 Park Shelter Roof Electrical Plan Figure S101 Park Shelter Structural Blocking at Roof Trusses END OF SECTION I I TABLE OF CONTENTS • ©2010 Bonestroo 1 00055-10168-0 00 01 10-1 I I DOCUMENT 00 41 10-QUOTE FORM Energy Efficiency and Conservation Block Grant ' t.., ; 1 ? Oak Park Heights, Minnesota 3 "' I File No 000055-10168-0 a T Quote Due: Monday September 13, 2010, at 2 P.M. CDT "" °Y .Y-- „;:_, Submit to: Eric Johnson ICity Administrator City of Oak Park Heights 14168 Oak Park Boulevard N IOak Park Heights, MN 55082 I is ITEM UNIT QTY COST PART 1—PHOTOVOLTAIC SYSTEM 1 1. Photovoltaic System Equipment LS 1 $ 12, 4 u 3 - 0 2. Individual Solar Panel EA 9 1 6, Ci S 5- S'► 3. Roof mounted Flood Luminaires EA 4 14 2 i crzn - 49 0 I a� ' TOTAL BASE QUOTE 1 3 20 . I ALTERNATE NO.1 I " 1. Building Wall Pack Luminaire Replacement LS 1 l g I ALTERNATE NO.2 I 743 . so 1. Upper Level Luminaire Replacement-Fixture A LS 1 IALTERNATE NO.3 L Sa ,$H 1. Upper Level Luminaire Replacement-Fixture B LS 1 ��' I I Company Name: 1'4 Al-r- aec--4 r"<< < © ri, - Signature: 7,..7-7� Wi`— Printed Name of Signer: Lek-lli 4- A4 L k€y Title: Q.04new48(..e kvte rl y 2 vs"4 e peUelOp -'s t I QUOTE FORM ©2010 Bonestroo 1 000055-10168-0 00 41 10 I I I SECTION 00 52 10 IIAGREEMENT FORM I THIS AGREEMENT is by and between the City of Oak Park Heights, Minnesota, (hereinafter called Owner) and Hunt Electric Corp. (hereinafter called Contractor). IOwner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK I 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows: Energy Efficiency and Conservation Block Grant. IARTICLE 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: Energy Efficiency and Conservation Block Grant Project for the City of Oak Park Heights, Minnesota. ARTICLE 3— ENGINEER I3.01 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 I the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. I ARTICLE 4— CONTRACT TIMES 4.01 Time of the Essence I A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 1 4.02 Dates for Substantial Completion and Final Payment A. Completion Dates are listed in Section 01 10 00. I4.03 Liquidated Damages A. Liquidated Damages are listed in Section 01 10 00. IARTICLE 5— CONTRACT PRICE I 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in current funds as follows: For all work at the prices stated in Contractor's Quotation, attached hereto as an exhibit for an Original Contract Amount of Twenty Seven Thousand, Seven Hundred Eighty-Three Dollars and Ninety-Three Cents ($27,783,93) for the Total Base Quote, plus IAlternate No. 1 and Alternate No. 3. I AGREEMENT FORM I ©2010 Bonestroo 1000055-10168-0 00 52 10-1 I I 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 Final Payment 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. ARTICLE 7— INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8— CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Quotation Documents. 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. 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." 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 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 construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. 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 AGREEMENT FORM ©2010 City of Oak Park Heights, Minnesota 00 52 10-2 I 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. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. 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 and conditions for performance and furnishing of the Work. ARTICLE 9— CONTRACT DOCUMENTS 9.01 Contents 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 general title: Energy Efficiency and Conservation Block Grant. 7. Addenda (none). 1 8. Exhibits to this Agreement(enumerated as follows): a. Contractor's Quotation 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). 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 Supplementary Conditions. 10.02 Assignment of Contract 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 AGREEMENT FORM ©2010 City of Oak Park Heights, Minnesota 00 52 10-3 I but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be 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. 1 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, 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 Contractors 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 AGREEMENT FORM ©2010 City of Oak Park Heights, Minnesota 00 52 10-4 I IIN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been Iidentified by Owner and Contractor or on their behalf. This Agreement will be effective on /0 -/3- / 0 , 2010 (which is the Effective Date Iof the Agreement). IOwner: Contractor: Ci • 4A64,),4•h s - •; Hunt -ctric Corp. I irtil'''P� , I , By: -lb:-. :i./ By: .t r.�1 i. .1� �_ - i j By: �/ Attest City d r t'i ra or Address fo'/giving notices: Address for giving notices: 9 9 9 9 A300 t1Dizik W I 61 . Ri Mtn 6E I14- License No. tikooso 3 (Where applicable) Designated Representative: Designated Representative: IName: r--/t/C- ,T tti'VS PIP Name: IA 4 UL.P. ITitle: (11(j i/VAil i iv S 401-7't%'2-- Title: Vkk6 ' 1 Dl)r Address: Address: 2- 4 .D I 6r. PAUL, I itkAi 661141-- Phone: C S7 " y 3 9 Y'/3 9 Phone: 1461- ( vie, _ Za 1,1 IFacsimile: Facsimile: f'S I-- 1...43 ' X75' I Approved as t. •rm: 1 By: Oak Park Heights City Attorney /0 , a IEND OF SECTION I AGREEMENT FORM ©2010 City of Oak Park Heights,Minnesota 00 52 10-5 I I American Recovery and Reinvestment Act of 2009/Division A/Title XVI BUY AMERICAN Sec. 1605. Use of American Iron, Steel,and Manufactured Goods. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that— (1) applying subsection (a)would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d)This section shall be applied in a manner consistent with United States obligations under international agreements. WAGE RATE REQUIREMENTS Sec. 1606. Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and 1 subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. I 1 1 1 I I I CONTRACTOR CERTIFICATION OF COMPLIANCE TO THE BUY AMERICAN PROVISIONS UNDER SECTION 1605 OF P.L. 11-5 THE "AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" (ARRA) For the fill in .ro'ect name Project: _(fill in name of general contractor for all blanks below)_acknowledges the following: 1. That identification of American-made Iron, Steel, and Manufactured Goods are consistent with the terms of the bid solicitation and the provisions of the ARRA Section 1605 and further certifies that the Bid submitted to the City of Oak Park Heights reflects the firm's best, good faith effort to identify domestic sources of iron, steel, and manufactured goods where such American-made components are available on the schedule and consistent with the deadlines prescribed in or required by the bid solicitation. a. A"Manufactured Good" is defined in EPA memorandum ARRA 09-1 as a good brought to the construction site for incorporation into the building or work that has been processed into a specific form and shape, or has been combined with other raw materials to create a material that has different properties than the properties of the individual raw materials. There is no requirement with regard to the origin of components or subcomponents in manufactured goods, as long as the manufacture of the goods occurs in the United States. b. There is no requirement with regard to the origin of iron and steel used as components and subcomponents of manufactured goods. 2. certifies that all components contained in the bid are American-made, have been made available to the City of Oak Park Heights, and if a contract is signed with the City, agrees that it will provide reasonable, sufficient, and timely verification to the City of the U.S. production of manufactured goods, and all iron and steel not used as components and subcomponents. 1 3. further certifies that for any manufactured goods that are not American-made and for any iron and steel not used in components and subcomponents that are not American-made that either of the following cases apply: a. Identification of and citation to a categorical waiver published by the U.S. Environmental Protection Agency in the Federal Register that is applicable to the manufactured good, iron,or steel, and an analysis that supports its applicability; b. Verifiable documentation sufficient to the Purchaser, as required in the bid solicitation or otherwise,that has sought to secure American-made manufactured goods, iron, and steel but has determined that they are not available on the schedule and consistent with the deadlines prescribed in I 1 1 I I the bid solicitation,with assurance adequate for under the applicable conditions stated in the bid solicitation or otherwise. 4. finally certifies that for any such manufactured goods, iron, and steel that are not so available, they have also provided, including but not limited to the verifiable documentation and full description of their efforts to secure any such American-made manufactured goods, iron, and steel , that believe is sufficient to provide and as far as possible constitute the detailed justification required for a waiver,as necessary,under Section 1605 of ARRA. further agree to assist the City in amending, supplementing, or further supporting such information as required by the I City to request and , as applicable, implement the terms of a waiver . Name Title Company Date I I I I I 1 I I 2 1 1 I SHOP DRAWING CERTIFICATION OF COMPLIANCE TO THE BUY AMERICAN PROVISIONS UNDER SECTION 1605 OF P.L. 111-5, THE "AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" (ARRA) For the fill in name of.ro.ect Project: The undersigned certifies that the items covered by this shop drawing submittal meet the requirements of Section 1605 of the ARRA,and also meet the requirements of memorandum 09- 1,Implementation of Buy American Provisions,prepared by the United States Environmental Protection Agency April 28,2009. Iron, steel, and manufactured goods used in the project must be produced in the United States subject to the following. • Iron or steel used in components or subcomponents of manufactured goods does not have to be produced in the United States. I • There is no requirement with regard to the origin of components and subcomponents used in manufactured goods,as long as the manufacturing occurs in the United States. • Manufactured goods that use materials,subcomponents,and components in whole or in part from another country must be"substantially transformed"in the United States to be considered"produced in the United States". • Provide answers to the attached questions and submit along with this signed certification to indicate compliance with the Buy American requirement that iron,steel, and manufactured goods are produced in the United States. Supporting information will be provided,if requested,to document compliance. 1 Name Title Company Date 1 SHOP DRAWING CERTIFICATION 1 I QUESTIONS FOR DETERMINING WHETHER SUBSTANTIAL TRANSFORMATION I HAS OCCURRED IN THE UNITED STATES . � `s�i t � ," � J.''t 1. Were all of the components of the manufactured good manufactured in the United States,and were all of the components assembled into the final product in the U.S.?(If the answer is yes,then this good is manufactured in the U.S.,and the inquiry is complete) 2. Was there a change in character or use of the good or the components in the U.S.?(The following questions 2.a,2.b,and 2.c are asked about the finished good as a whole; not about each individual component) a. Was there a change in the physical and/or chemical properties or characteristics designed to alter the functionality of the good? 1 b. Did the manufacturing or processing operation result in a change of a product(s)with one use into a product with a different use? c. Did the manufacturing or processing operation result in the narrowing of the range of possible uses of a multiuse product? 3. Was/were the process(es)performed in the U.S.(including but not limited to assembly)complex and meaningful? a. Did the process(es)take a substantial amount of time? b. Was/were the process(es)costly? I c. Did the process(es)require particular high level skills? d. Did the process(es)require a number of different operations? e. Was substantial value added in the process(es)? Notes: 1. Substantial transformation has occurred in the U.S. if yes is answered to either Question 1,2,or 3. 2. If yes is answered to any of Questions 2a,2b,or 2c,then the answer to Question 2 is yes. 3. If yes is answered to at least two of Questions 3a,3b,3c, 3d,or 3e,then the answer to Question 3 is yes. I 1 SHOP DRAWING CERTIFICATION 2 1 I I 1 Appendix 4 DAVIS BACON CONTRACT CONDITIONS Minnesota Public Facilities Authority-ARRA Funded Project IPLEASE NOTE: PFA will use a combination of funding (ARRA funds and non-ARRA funds) to finance projects, Both federal Davis Bacon prevailing wages and State of Minnesota I prevailing wages (Minnesota Statute, sections 177.41-177A-3)apply to this project. Payment of the wage and fringe benefits that are most beneficial to the employees are required. This language must be included in all Davis Bacon covered construction contracts and Isubcontracts.. (29 CFR Part 5,5) (a)The Agency head shall cause or require the contracting officer to insert in full in any contract in I excess of$2,000 which is entered into for the actual construction,alteration and/or repair,including painting and decorating,of a public building or public work,or building or work financed in whole or in part from federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan,grant or annual contribution I (except where a different meaning is expressly indicated),and which is subject to the labor standards provisions of any of the acts listed in Sec.5.1,the following clauses(or any modifications thereof to meet the particular needs of the agency,Provided,That such modifications are first approved by the IDepartment of Labor): (1)Minimum wages. (i)All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937. or under the Housing Act of 1949 in the construction or I development of the project),will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of I wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably I anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph(a)(I)(iv)of this section;also,regular contributions made or costs incurred for more than a I weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided I in Sec.5.5(a)(4).Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work I is performed.The wage determination(including any additional classification and wage rates conformed under paragraph(a)(l)(ii)of this section)and the Davis-Bacon poster(WH-1 321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 1 (ii)(A)The contracting officer shall require that any class of laborers or mechanics,including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an I additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: I ARRA•Fundcd CWRF/DWRF Compliance,Guidance&Contract Conditions May 13.2009 I I (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination.. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor,Washington,DC 20210.The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 3Q day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof, (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That the Secretary of Labor has found,upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding.The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract, In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of the wages required by the contract,the(Agency)may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. (3)Payrolls and basic records,(i)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, ARRA-Funded CWRF/DWRF Compliance,Guidance&Contract Conditions May 13,2009 I I I or under the Housing Act of 1949,in the construction or development of the project)..Such records shall contain the name,address,and social security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona I fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis- Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid the Secretary of Labor has found under 29 CFR 5,5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or I program described in section I(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or I mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits,Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable I programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the OWNER if the agency is a party to the contract,but if the agency is not such a I party,the contractor will submit the payrolls to the applicant,sponsor,or owner,as the case may be,for transmission to the OWNER. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except that full social security numbers and home addresses shall not be included on weekly transmittals.Instead the payrolls shall only need to I include an individually identifying number for each employee(e.g..,the last four digits of the employee's social security number).The required weekly payroll information may be submitted in any form desired, Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at I http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.Contractors and subcontractors shall maintain the full social security number and current address of each covered worker,and shall provide them upon request to the applicant,sponsor,or owner,as the case may be,for transmission to the I applicant,sponsor,or owner,the contractor,or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social I security numbers to the prime contractor for its own records,without weekly submission to the sponsoring government agency(or the applicant,sponsor,or owner). (B)Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor'or his or her agent who pays or supervises the payment of the persons I employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be provided under Sec. 5.5(a)(3)(ii)of Regulations,29 CFR part 5,the appropriate information is being maintained under Sec. I 5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; (2)That each laborer or mechanic(including each helper, apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full I wages earned,other than permissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage I determination incorporated into the contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. 1 (D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. I ARRA.Funded CWRF/DWRF Compliance,Guidance&Contract Conditions May 13.2009 I 1 (iii)The contractor or subcontractor shall make the records required under paragraph (a)(.3)(i)of this section available for inspection,copying,or transcription by authorized representatives of the OWNER or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees--(i)Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S..Department of Labor, Employment and Training Administration,Office of Apprenticeship Training,Employer and Labor Services,or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training,Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the classification of walk actually performed, In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed.Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees.Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration..Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In ARRA-Funded CWRFJDWRF Compliance,Guidance&Contract Conditions May 13,2009 addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no Ionger be permitted to utilize trainees at less than the applicable 1 predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR part 30. (5)Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(l)through (10)and such other clauses as the may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination:debarment.A breach of the contract clauses in 29 CFR 5,5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts I,3,and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be ' resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7,Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency,the U.S.Department of Labor,or the employees or their representatives.. (10)Certification of eligibility..(i)By entering into this contract,the contractor certifies that neither it (nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ' ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(l), (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C.. 1001. (b)Contract Work Hours and Safety Standards Act.The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs(b)(1), (2),(3),and(4)of this section in full in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.These clauses shall be inserted in addition to the clauses required by Sec.5.5(a)or 4.6 of part 4 of this title..As used in this paragraph,the terms laborers and mechanics include watchmen and guards. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such ' laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. ARRA-Funded CWRF/DWRF Compliance,Guidance&Contract Conditions May 13.2009 I 1 I (2)Violation;liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph(b)(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages..Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph(b)(l)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(b)(1)of this section. (3)Withholding for unpaid wages and liquidated damages.The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1)through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(l)through(4)of this section. (c)In addition to the clauses contained in paragraph(b),in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec.5,1,the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics,including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee,social security number,correct classifications,hourly rates of wages paid,daily and weekly number of hours worked,deductions made,and actual wages paid.Further,the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection,copying,or transcription by authorized representatives of the OWNER and the Department of Labor,and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 1 I 1 1 ARRA-Funded CWRF/DWRF Compliance,Guidance R.Contract Conditions May 13.2009 I I 1 MINNESOTA STATUTES 2008 181.59 181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the state of Minnesota, or any county,city,town,township, ' school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1)that, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract,no contractor, material supplier, or vendor, shall,by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2)that no contractor,material supplier, or vendor, shall, in any manner, discriminate against, ' or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) that a violation of this section is a misdemeanor; and (4) that this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract,may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11 I 1 Copyright©2008 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. I (This form is to be used with contracts that have SRF funding) NOTICE TO LABOR UNIONS OR OTHER ORGANIZATION OF WORKERS NON-DISCRIMINATION IN EMPLOYEMENT TO: ' (name of union or organization of worker) The undersigned currently holds contract(s)with: (name of applicant) involving funds or credit of the U.S. Government or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING,TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING ' RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION ' This notice is furnished you pursuant to the provisions of the above contract(s)or subcontracts) and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. 1 (contractor or subcontractor(s) I (Date) 1 2005 Rev 1 (1215105) page 1 of 1 (SRF) (This form is to be used with contracts that have federal funding) CERTIFICATION OF NONSEGREGATED FACILITIES(CONTRACTOR) (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants, and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed ' contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in this file. Contract#: Contract Title: Name of Company: Authorized Signature Date Name and Title of Signer I 1 1 2005 Rev 1 (1215/05) page 1 of 1 (Federal) I I I I I U.S.Department of Labor Monthly Employment Utilization Report Employment Standards Administration Office of Federal Contract Compliance Programs ,� This report is required by Executive Order 11246,Sec.203. Failure to report can result in contracts being 1.Covered Area{SMSA or EA) 2.Employer's I.D.No. cancelled,terminated or suspended in whole or in part and the contractor may be declared Los Angeles County ineligible for further Government contracts of federally assisted construction contracts. 3.Curcent Goals 4.Reporting Period Name and Location of Contractor PROJECT TITLE OCC NO: I Minority 28.30% From Female 6.90% To 5. 6. TOTAL FEDERAL CONSTRUCTION HOURS 9. 10. 6a. 6b. 6c. 6d. Se. 7, 8. Total All Black Asian or American Total Total Number Construction CIaSSIfIcationS Employees (Not of Hispanic Hispanic Pacific Indian or Number of of Minority Trade By Trade Origin) Islander Alaskan Native Minority Female Employees Employees M F M F M F M F M F Percentage Percentage M F M F Journey Worker Apprentice Trainee Sub-Total ) Journey Worker _ .. _ .. ... _ _ . Apprentice _ _ Trainee _ I Sub-Total Joumey Worker Apprentice Sub-Total Joumey Worker Apprentice Trainee Sub-Total HHH Total Journey Workers _ ITotal Apprentices Total Trainees Grand Total 11.Company Ofricial's Signature and Title 12.Telephone Number(including area code) 13.Date Sgned Page I of Form CC-257 I I I I I I I Instructions for Filing Monthly Employment Utilization Report(CC-257) 1 The Monthly Utilization Report is to be completed by each subject contractor(both prime and sub)and signed by a responsible official of the company.The reports are to be filed by the 5th day of each month during the term of the contract, ,/, and they shall inlcude the total work-hours for each employee classification in each trade in the covered area for the monthly reporting period. The prime contractor shall submit a report for its aggregate work force and collect and submit reports for each subcontractor's aggregate work force to the Federal compliance agency that has Executive Order 11246 responsibility. Compliance Agency U.S.Government agency assigned responsibility for equal employment opportunity.(Secure this information from the contracting officer). Federal Funding Agency U.S.Government agency funding project(in whole or inpart). If more than one agency,list all. Contractor Any contractor who has a construction contract with the U.S. Government or a contract funded in whole or in part with Federal funds, Minority Includes Blacks,Hispanics,American Indians,Alaskan Natives, and Asian and Pacific Islanders-both men and women. 1.Covered Area Geographic area identified in Notice required under 41CFR 60-4.2 2.Employer's Identification Number Federal Social Security Number used on Employer's Quarterly Federal Tax Return(U.S.Treasury Department Form 941). 3.Current Goals(Minority&Female) See contract Notification. 4.Reporting Period Monthly,or as directed by the compliance agency,beginning with the effective date of the contract. 5.Construction Trade Only those construction crafts which contractor employs in the covered area. 6.Work-Hours of Employment(a-e) a.The total number of male hours and the total number of female hours worked by employees in each classification. b-e.The total number of male hours and the total number of female hours worked by each specific group of minority employees in each classification. Classification The level of accomplishment or status of the worker in the trade (Journey Worker,Apprentice,Trainee) ,� 7.Minority Percentage The percentage of total minority work-hours of all work-hours (the sum of columns 6b,6c,6d,and 6e divided by column 6a; just one figure for each construction trade), 8.Female Percentage For each trade the number reported in 6a.F divided by the sum of the number reported in 6a. M and F. 9,Total Number of Employees Total number of male and total number of female employees working in each classification of each trade in the contractor's aggregate work force during reporting period. 10.Total Number of Minority Employees Total number of male minority employees and total number of female minority employees working in each classification of each trade in the contractor's aggregate work force during reporting period. I I 1 I I I OMB NOS.99'99-0001 AND 0640-001) EXPIRES:APRIL 30,1980 MBE/WBE`k UTILIZATION UNDER FEDERAL GRANTS, COOPERATIVE I AGREEMENTS, AND OTHER FEDERAL FINANCIAL ASSISTANCE PART 1. (NEGATIVE REPORTS MAY BE REQUIRED) I1A. FEDERAL FISCAL YEAR 113. REPORTING QUARTER(Check appropriate box) 19___..._. 0 1sf(Oct.-Dec.), ❑2nd(Jars.-Mar.). ❑ 3rd(Apr.-Jun.), 0 4th(Jul-Sep.) I 2. FEDERAL FINANCIAL ASSISTANCE AGENCY 3. REPORTING RECIPIENT(Name and Address/ {DeparVrteoVAgenCy,Bureau/Administering Office,Address) • I i2A. REPORTING CONTACT PHONE: 3A. REPORTING CONTACT PHONE: I4A. FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 48. FEDERAL FINANCIAL ASSISTANCE PROGRAM 4C. TYPE OF FEDERAL ASSISTANCE AGREEMENT ❑ GRANT ❑COOPERATIVE AGREEMENT ❑OTHER FEDERAL FINANCIAL ASSISTANCE 5A, PERIOD WHEN PROCUREMENT UNDER THIS AWARD WILL OCCUR TART DAT : ND *ATE: I 5B. AMOUNT OF TOTAL PROJECT SC. RECIPIENT'S MBE/WBE GOALS(Percent of total procurement dollars(5b) for each) DOLLARS PLANNED FOR PROCUREMENT THIS FISCAL YEAR $ MBE 96. WBE 9'a SD. MBE,WBE PROCUREMEN ACCOMPLISHED THIS QUARTER 5E. NEGATIVE REPORT(Check) MBE$ WBE s ❑SEE INSTRUCTIONS I6. COMMENTS: I I .... I 1 7. NAME OF AUTHORIZED REPRESENTATIVE 1 TITLE B. SIGNATURE OF AUTHORIZED REPRESENTATIVE 1 DATE •wRE wonky is options!s1 Ms%%action or F•darar tinanNat saalatancs spsncy. STANDARD FORM 334 AtihORiZED FOR LOCAL REPRODUCTION Pr*scribed by DEPARTMENT OF COMMERCE I! 1 I a 5 0 a - F. CC H U C 0 CO O 0 ill a Z . w E • CC z • • Z CC 1" m � I 0 • a 0 o .. , V" o W CD m > oQ2 CA Q Z .... c W m � w > � i - m it a ii . C;) it, CO h aD v E ac t- --- - - - W vs at �, - -- @ m' w o • 1 - .L ... i , 2 m ts 11! 4 r E 2 2 C>= r- A A A I 1 INSTRUCTIONS MBEN BE UTILIZATION UNDER FEDERAL GRANTS COOPERATIVE AGREEMENTS, t AND OTHER FEDERAL FINANCIAL ASSISTANCE Standard Form 334 I A. General Instructions: A woman business enterprise (WBE) is a business rp MBE, i3E utilization is based on Executive Orders concern that is, (1) at least 51 percent owned by 11825, 12138 and 12432 and OMB Circular A-102. one or more women, or, in the case of a publicly I Standard Form 334 must be completed by recipients owned business, at least 51 percent of the stock is of Federal grants, cooperative agreements, or other owned by one or more women; and, (2) whose daily financial assistance valued at $500,000' or business operations are managed and directed by Federal --- more' and which involve procurement of supplies, one or more of the women owners. I equipment, construction or services to accomplish Business firms which are 51 percent owned by mi- Federal assistance programs. norities or women, but'aie in fact managed and Recipients are required to report agency award operated by non-minority individuals do not qualify I officials within one month following the end of each for meeting MBENVBE procurement goals. Federal fiscal year quarter (i.e. January 31, April 30, The following affirmative steps for utilizing MBEs and July 31 and October 31) during which any procure- WBEs are suggested: meat in excess of $10,000 is actually executed un- der this assistance agreement. 1. Inclusion of MBEs/WBEs on solicitation lists. - .. B. Definitions: 2. Assure MBEs/WBEs are solicited once they $ Procurement is the acquisition through order, are identified. purchase, lease or barter of supplies, equipment, 3. Where feasible, divide total requirements construction or services needed to accomplish Fed- Brat assistance programs. into smaller tasks to permit maximum MBEANBE participation. A minority business enterprise (MBE) is a business 4. Where feasible, establish delivery sched- concern that is (1) at least 51 percent owned by one rtes which will encourage MBE/WBE par. or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the ticipation. stock is owned by one or more minority individuals; 5• Encourage use of the services of the U.S. and (2) whose daily business operations are man- Department of Commerce's Minority Busi- aged and directed by one or more of the minority ness Development Agency (MBDA) and the owners. U.S. Small Business Administration to ides- IThere is no standard definition of minority individuals tify MBEs/WBEs.used by all Federal financial assistance agencies. 8. Require that each party to a subgrant, sub- However, recipients shall presume that minority in- agreement, or contract award take the dividuals include Black Americans, Hispanic Amen- affirmative steps outlined here. I cans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be dis- C. Inatruciions for Part 1: advantaged by the Small Business Act or by the 1. Complete Federal fiscal year and check ap- I Secretary of Commerce under section 5 of Execu- tive plicable reporting quarter. (Federal fiscal Order 11625. The reporting contact at your year runs from October 1 through Septem- Federal financial assistance agency can provide ad- ber 30.) ditional information. I 2. Identify the Federal financial assistance de- Them T"ere k no mooning tfN.ende for the enr+ronrn•ntaJ rrptaCip„ rvo„h, partrnent or agency including the bureau. office or other subactivity which administers (EPA). Recipients of EPA tin.neut assistance must sport ender off aaaistsr�ea Ie9'gmente raverahta of the sae of the ward. your financial assistance agreement. I I h i • 3. Identify the agency, state, authority, univer- 6. Additional comments or explanations. say or other organization which is the re- Please refer to specific item number(s) if cipient of the Federal financial assistance appropriate. and the person to contact concerning this report. 7. Name and title of official administrator or designated reporting official. 4a. Assistance agreement number assigned by I Federal financial assistance agency. 8. Signature and month, day. year report sub- mitted.milted. 4b. appropriate, identify specific department or agency Federal financial assistance pro- D. Instructions for Part II: I gram under which this project is awarded. For each MBE/WBE 4c. Check procurement over $10,400 type of Federal assistance. • made under this assistance agreement during the 5a. Period during which contracts and other reporting quarter, provide the following information, purchases under this award will actually be (Renprents may also report on individual MBl~IWBE • executed. procurements of less than $1O,000 if they want these credited toward their MBE.'WBE goals, how- 5b. Includes procurement using Federal funds ever, reporting on smaller procurements is not re- plus recipient matching funds and funds quired.) • from other sources. 1. Check whether this is a first tier procure- Sc. Portion of total procurement dollars recipi- ment made directly by Federal financial ent plans to spend with MBEs or WBEs assistance recipient or other second tier • this fiscal year. With the concurrence of the procurement made by recipient's subgran- Federal financial assistance agency, a fair tee or prime contractor. Include all qualify- share goal shall be determined by each ing second tier purchases executed this recipient. quarter regardless of when the first tier Sd. Dollar amount of all MBE/WBE Contracts procurement occurred. /W awarded under this assistance agreement 2. Check MBE or WBE. this quarter. w 3. Dollar value of procurement. Se. Check only if one or more procurements in excess of $10,000 were executed this re- 4. Date of award, shown as month, day, year. IF porting quarter but no MBE/WBE procure- 5. Using codes at the bottom of the form, meats occurred. Sign and date form and identify type of product or service acquired return it to Federal financial assistance through this procurement (eg., enter 1 if agency. agriculture, 2 if mining, etc.). 6. Name and address of MBEIWBE firm. • 1 • I I Form SECTION 00 45 47 SD-E Minnesota Department of Revenue I Exemption from Surety Deposits For Out-of-State Contractors I Contractor Minnesota ID number Address Phone number ( ) City State Zip Code Total Contact Amount IContact person Period of Contact IUnit for which work was performed Address Phone 1 City State Zip Code IContact Person II request a waiver of surety deposit under Minnesota law(M.S.290.9705)for the following reason: ❑ 1. I have provided a cash surety or a bond secured by an insurance company licensed in Minnesota. (Attached a copy of the bonding agreement.) Bonding Company Address IIPeriod of bond Project completion date I ❑ 2. I have construction work in Minnesota during the past three calendar years and have fully complied with Minnesota law regarding Minnesota income,sales,and withholding taxes. I I authorize sending a copy of this to the contracting agency and give the Department of Revenue permission to discuss this case and related taxes with the bonding company. Signature Date I I REVENUE DEPARTMENT CERTIFICATION The above named out of state contractor is exempt from the surety requirements of Minnesota Statute 290.9705 Signature of authorized Revenue Department Representative I ❑ The above named out-of state contractor is NOT EXEMPT from the surety requirements of Minnesota Statute I 290.9705.See instructions for information about how to report and deposit withholding on payments made to the out-of-state contractor. Signature of authorized Revenue Department Representative IEND OF SECTION Rev. 11/01/06 1 00 45 47- 1 I I SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY OF WORK A. The Project consists of furnishing and installing new Solar Energy Collectors and Light fixture replacement for the City of Oak Park Heights, Minnesota. 1.02 OWNER A. The City of Oak Park Heights, Minnesota, is designated as the Owner. 1.03 PROJECT SCHEDULE A. Contracts are expected to be issued after Quotations are reviewed. Work is expected to begin as soon as possible after award of Project. Award of the project is expected to be made by Tuesday September 14, 2010. 1.04 COMPLETION A. All work shall be complete by October 30, 2010. 1.05 LIQUIDATED DAMAGES A. Time is of the essence of this Project. The Contractor agrees that the Owner will be entitled to $500 per calendar day, not as a penalty but as liquidated damages, for failure on the part of the Contractor to complete the work specified for completion on or before the Completion Date. Liquidated damages are agreed upon because of the extreme difficulty of ascertaining the actual damages the Owner would sustain. Liquidated damages shall be deducted from any monies due or coming due the Contractor or shall be paid to the Owner by the Contractor. 1.06 BONDS A. Contractor shall furnish performance and payment bonds, in an amount at least equal to the Contract Price as security for the faithful performance all Contractor's obligations under the Contract Documents. This bond shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period. 1.07 BUILDING PERMITS A. The Owner will reimburse the Contractor for applicable building permits. Contractor will be responsible for any applicable state fees or surcharges and Owner will not reimburse Contractor for these costs. All applicable fees and surcharges shall be included in the Total Quotation amount. 1.08 AWARD OF PROJECT A. If the Contract is awarded, award will be made on the basis of the lowest, responsive, responsible Quoter based on the lowest Adjusted Total Quotation amount. Quotes will be held for 60 days or such longer per a written request by the Owner. ISUMMARY © 010 Bonestroo 1 000055-10168-0 01 10 00-1 I I I 1.09 PRE-CONSTRUCTION CONFERENCE A. Prior to start of construction, the Contractor shall meet with the Engineer and the Owner to review the Drawings and Specifications, and the proposed schedule for completion of the Project if so requested by the Engineer or Owner. 1.10 EXPLANATION OF QUOTATION A. The Quotation provides Lump Sum amounts for known work for the installation of the Energy Efficiency and Conservation Block Grant. All amounts are to include applicable taxes. B. All Work specified herein or shown in the Contract Documents shall be included in the quotation line items. No additional costs will be allowed because the Contractor did not include required work in the project Total Base Quote or Alternate Lump Sum items. C. Alternate Unit Price items are included on the Quote Form for additional cost beyond the Total Base Quote to provide additional lighting replacements. These alternate unit price items, if accepted, will be added to the Adjusted Total Base Quote amount. 1.11 BID ITEMS I A. The work and materials for the Quote Items listed on the Quote Form are as follows: Part 1-Photovoltaic System - Includes all costs of the new Photovoltaic System and replacement of roof mounted flood luminaires as specified herein. Item 1-Includes all work for a complete and operating photovoltaic system as specified in the contract documents. Costs shall include all associated equipment and solar panel mounting hardware, structural support, excluding individual solar panels. Item 2-Includes the cost for providing and installation of each individual solar panel. Item 3-Includes all cost of replacing roof mounted flood luminaries. I Alternate No. 1 - Includes all cost of replacing building wall pack luminaries. Alternate No. 2—Includes all cost of replacing upper level luminaries-fixtures A. I Alternate No. 3—Includes all cost of replacing upper level luminaries-fixtures B. 1.12 SHOP DRAWINGS I A. Submit 3 copies of shop drawings to the Engineer on all products specified herein. 1.13 RECORD PLANS A. The Contractor shall submit 3 copies of corrected shop drawings and Operation and Maintenance Manuals. 1.14 UTILITY A. Coordination of Work with the Utility I 1. Connections shall be made to the utility meters. SUMMARY I 0 2010 Bonestroo l 000055-10168-0 01 10 00-2 I I I 2. Contractor responsible for all coordination with the utility with regard to the meter I connections. This shall include providing all forms and procedures to/from the Owner and utility that is required by the utility for the Solar Rewards Program. 3. Provide and install all conduit, wiring, grounding, meters, panels, electrical devices, etc. not installed by the power company and required for a complete service. 4. Install items furnished but not installed by the utility. PART 2 PRODUCTS INot Used. IPART 3 EXECUTION. Not Used. IEND OF SECTION I 0 I I I I I 1 I I SUMMARY ©2010 Bonestroo 1 000055 10168 0 01 10 00-3 1 I I SECTION 26 05 05 BASIC ELECTRICAL MATERIALS AND METHODS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. References used in electrical and control Specifications. 2. Regulatory requirements for electrical construction. 3. Requirements of equipment and materials. 4. Workmanship. 5. Selective demolition. 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 Quote, unless noted otherwise. 1.03 REFERENCES A. ANSI -American National Standards Institute 1. C2 - National Electrical Safety Code. 2. C62.41-IEEE - Recommended Practice for Surge Voltages in Low-Voltage AC Power Circuits. B. ICEA- Insulated Cable Engineers Association 1. S-95-658- Thermoplastic-Insulated Wire and Cable. 2. S-65-375 - Rubber-Insulated Wire and Cable. C. IEEE - Institute of Electrical and Electronic Engineers 1. 112 - Standard Test Procedure for Polyphase Induction Motors and Generators. 2. 519 - Recommended Practices and Requirements for Harmonic Control In Electric Power Systems. D. LPI - Lightning Protection Institute 1. LPI175 - Lightning Protection System Installation Standard. E. NECA- National Electrical Contractors Association 1. NECA 1 - Standard Practices for Good Workmanship In Electrical Contracting. F. NEMA- National Electrical Manufacturers Association 1. TC 2 - Electrical Polyvinyl Chloride(PVC)Tubing and Conduit. 2. MG 1 - Motors and Generators. 3. PB 2 - Deadfront Distribution Switchboards. 4. ICS 2 - Industrial Control and Systems: Controllers, Contactors, and Overload Relays, Rated Not More Than 2,000 Volts AC or 750 Volts DC. 5. 250 - Enclosures for Electrical Equipment(1,000 Volts Maximum). 6. WC 5 - (See ICEA S-95-658). 7. WC 7 (See ICEA S-95-658). BASIC ELECTRICAL MATERIALS AND METHODS ©2010 Bonestroo l 000055-10168-0 26 05 05-1 I I I G. NFPA- National Fire Protection Association 1. NFPA 70 - National Electrical Code. H. OSHA-Occupational Safety and Health Administration 1. 29 CFR 1910 -Occupational Safety and Health Standards. I. UL- Underwriters Laboratories, Inc. 1. 6- Rigid Metal Conduit. 2. 83 -Thermoplastic- Insulated Wires and Cables. 3. 96 - Lightning Protection Components. 4. 360 - Liquid-Tight Flexible Steel Conduit. 5. 467 - Electrical Grounding and Bonding Equipment. 6. 486D - Insulated Wire Connector Systems for Underground Use or In Damp or Wet Locations. 7. 508 - Industrial Control Equipment. 8. 651 - Schedule 40 and 80 Rigid PVC Conduit. 9. 797 - Electrical Metallic Tubing. 10. 891 - Dead-Front Switchboards. 11. 1479 - Fire Tests of Through-Penetration Firestops. 1.04 REGULATORY REQUIREMENTS I A. All Work performed under this Contract shall conform to the latest editions of the National Electrical Code(NFPA70), the National Electrical Safety Code (ANSI C2), and the Minnesota State Building Code. 1.05 INSTRUCTIONS AND PARTS LITERATURE A. Instruction and parts literature are generally packed with electrical equipment and devices. Contractor shall remove this literature from the packing container or equipment enclosure, identify the literature with the equipment to which it applies, and file the literature in loose-leaf binders with index tabs. Each binder shall have an index which lists each piece of equipment and the literature which applies to it. An index tab shall be provided for each piece of equipment. B. Contractor shall establish a procedure with the other trades for receiving, identifying,and filing literature for devices which are removed from their packaging and installed by other trades. Literature shall be provided as outlined above. 1.06 SUBMITTALS A. Submittals for equipment provided by the Electrical Contractor shall bear a stamp or specific written certification from the Electrical Contractor, certifying the submittals have been reviewed. B. Refer to each Section for additional submittal requirements particular to that Section. C. Shop Drawings and Manufacturer's Information: 1. Product Data Sheets a. Product and component data sheets which describe all equipment and devices to be provided. b. Include all features specified. c. Provide dimensioned prints with weights/loads. d. Contractor's engineer shall submit a report verifying the structure will support the proposed equipment loads. Report shall be certified by a Professional Engineer licensed in the state of Minnesota. If the contractor determines the structure will not support the I BASIC ELECTRICAL MATERIALS AND METHODS ©2010 Bonestroo 1 000055-10168-0 26 05 05-2 I I I proposed equipment; contractor shall identify equipment meeting the structure's load limit I and notify engineer before equipment is purchased. e. Highlight or otherwise accentuate on each data sheet the specified product features and product numbers. I 2. Composite Drawing a. Include power and control wiring for all systems and equipment. b. Show basic systems on composite drawing. c. Use terminal numbers on drawings and schematics. I d. Use separate drawings to show details of sub-systems. e. Identify sub-system drawing interface points on composite drawing and sub-system drawings; terminal numbers of interface points shall be the same on both drawings. I f. Revise or redraw manufacturer's standard drawings to meet above requirements. 3. Record all Changes to Existing Systems a. Revise all wiring diagrams and schematic diagrams to show final installation: 1) Includes all new and existing equipment diagrams. I 4. Programmable Systems a. Description of programmable system operation, including but not limited to input/output functions, control capabilities, configuration procedures, starting setpoints, etc. I b. Preliminary graphic screens and reports. 1) This submittal shall occur prior to shipment of the system. 5. Manufacturers Installation Instructions a. Submit with shop drawings. Ib. Include with shipment. D. Operating and Maintenance Manuals I 1. Include all the information provided with the shop drawings and manufacturer's information. a. All documentation shall include modifications made which reflect the final installation. 2. Date the manuals with the day, month, and year they are provided to the Owner/Engineer. 3. Provide manufacturers'user manuals and installation instructions. I 4. Provide 3 paper copies in a 3-ring binder. Provide a table of contents and each piece of equipment or sub-system shall be tabbed. 5. Provide 2 digital copies in a PDF format saved to a compact disk. The saved files shall be I clearly identified and organized in a similar manner to the hard copies a. Data saved on the disks shall be accessible and neatly organized. b. Provide a table of contents which utilizes bookmarks. The bookmark shall take the reader to a specific page when the reader clicks on the desired title in the table of contents. I 6. Record all Changes to Existing Systems a. Insert revised documents into the Owner's existing operation and maintenance manuals in place of original documents. IPART 2 PRODUCTS 2.01 EQUIPMENT AND MATERIALS IA. All electrical and control equipment and materials shall be provided as specified in the Contract Documents. IB. All equipment and materials shall be new and shall bear the Underwriters Laboratories(UL) label if such products are listed by UL. I C. Where applicable, equipment and materials shall conform to ANSI, ICEA, IEEE, and NEMA Standards. BASIC ELECTRICAL MATERIALS AND METHODS ©2010 Bonestroo l 000055-10168-0 26 05 05-3 I I I PART 3 EXECUTION 3.01 WORKMANSHIP A. All Work shall be performed in a neat and workmanlike manner consistent with the high quality standards of the electrical trade. "A neat and workmanlike manner"shall be as required by NFPA 70 and shall conform to NECA 1, Standard Practices for Good Workmanship in Electrical Contracting. Each electrician shall be knowledgeable and well-trained in the particular tasks to be performed. 3.02 IDENTIFICATION A. Nameplates shall be used to identify all field devices. 1 B. All nameplates shall be engraved phenolic nameplates attached with stainless steel screws or a permanent stamped brass tag. 3.03 RECEIVING AND STORING EQUIPMENT A. All equipment shall be handled and stored in accordance with the manufacturer's instructions. I B. In general, equipment packaging is not designed to protect the contents for outdoor storage. As a minimum, Contractor shall store the equipment prior to installation in a clean, dry location free from excessive temperatures, humidity, or foreign materials normally encountered at a Site. If the storage facility is unheated, Contractor shall provide heating to protect equipment from condensation, which could cause components to corrode or to be otherwise damaged. 3.04 SELECTIVE DEMOLITION A. Removal of existing light fixtures as designated on drawing. Existing fixtures shall be returned to owner. END OF SECTION I I I I I I BASIC ELECTRICAL MATERIALS AND METHODS ©2010 Bonestroo 1 000055-10168-0 26 05 05-4 I I SECTION 26 05 19 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. 600-volt wire and cable. 2. Terminals and connectors. 3. Wire Color Coding. 4. Terminals and connectors. 5. Conductor Identification. 6. Installation. 7. Splices and terminations. 8. Identification. 1 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 Quote, unless noted otherwise. PART 2 PRODUCTS 2.01 600-VOLT WIRE AND CABLE A. Feeder and Branch Circuit Wire 1. Stranded copper conductor, solid copper for lighting and convenience receptacle circuits only. 2. THWN insulated for conductor sizes #4 AWG and smaller. 3. XHHW or THWN insulation for conductor sizes #3 AWG and larger. B. Insulation of all wire shall conform to ICEA S-95-658, NFPA 70, and UL-83. C. All Wire and cable shall be: 1. New and coiled or on reels. 2. Each coil and/or reel shall have a label with the manufacturer's name, trade name of wire, size of wire, and UL label. 2.02 TERMINALS AND CONNECTORS A. Tool compressed terminals and connectors shall be made of 1 piece seamless highly conductive copper with a uniform tin-plate coating to minimize corrosion; Burndy, 3M, or equal. B. Step-down adapters shall be copper compression type; Greaves PT-R Series, or equal. C. Electrical spring connectors shall be 3M"Scotchlok"or"Ranger,"Ideal"Wing-Nut,"or equal. D. Fork Terminals: 1. Vinyl or nylon self-insulated locking type. 2. Terminal insulation that supports wire insulation. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ©2010 Bonestroo 1 00055-10168-0 26 05 19-1 I I I 3. Thomas &Betts Type FL, Burndy Type TP-LF, Panduit Type PNF, 3M Type MNG, or equal. E. Waterproof kits shall be utilized for all outdoor below-grade splices and connections as follows: 1. Heavy wall, heat shrinkable with interior coating of hot melt adhesive—sealant. Tubing shall be chemically cross linked, thermally stabilized polyolefin. 2. UL listed (UL-486D). 3. 3M—ITCSN, or equal. 2.03 WIRE COLOR CODING A. Contractor may use color coding at his discretion, except for the following colors, which shall be used only as designated below for both power and control circuits: 1. Control Circuits: a. Dark Blue - Direct current circuits. b. Light Blue - Intrinsically safe conductors. c. Green - Grounding conductor. d. White - Neutral conductor. 2. Power Circuits(Use solid colors through Size No. 8 AWG. Use black conductors with tape color identification No. 6 AWG and larger): Voltage 120/240 208Y/120 480Y/277 a. Phase A Black Black Brown b. Phase B Red Red Orange c. Phase C Blue Yellow d. Neutral White White Gray e. Ground Green Green Green 2.04 TERMINALS AND CONNECTORS I A. Tool compressed terminals and connectors shall be made of 1 piece seamless highly conductive copper with a uniform tin-plate coating to minimize corrosion; Burndy, 3M, or equal. B. Step-down adapters shall be copper compression type; Greaves PT-R Series, or equal. C. Electrical spring connectors shall be 3M"Scotchlok"or"Ranger,"Ideal"Wing-Nut,"or equal. I D. Fork Terminals 1. Vinyl or nylon self-insulated locking type. 2. Terminal insulation that supports wire insulation. 3. Thomas&Betts Type FL, Burndy Type TP-LF, Panduit Type PNF, 3M Type MNG, or equal. E. Waterproof kits shall be utilized for all outdoor below-grade splices and connections; Raychem I Type CRSM, 3M 82-BF1, or approved equal. 2.05 CONDUCTOR IDENTIFICATION I A. Imprinted labels shall be Brady heat shrinkable, 3M ScotchCode, Raychem TMS or Thomas&Betts E-Z Code. I B. Label sleeves shall be non-burning, heat-shrinkable, clear; Brady HSB, or equal. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ©2010 Bonestroo l 00055-10168-0 26 05 19-2 t I I PART 3 EXECUTION 1 3.01 INSTALLATION I A. All wire shall be installed in the specified raceways. Wire pulling shall be performed through the system in such a manner as to not exceed the maximum tensile strength of the cable being pulled as allowed by the NFPA 70 and/or cable manufacturer. All handling and installation of wire and cables shall be done by competent and skilled workmen who shall use methods which will prevent I damage to the wire and cable. Pulling compound shall dry to a fine lubricating non-conductive powder and shall be approved by the cable manufacturer. I B. Adequate measures shall be employed to determine that the raceways are free of foreign material and moisture before pulling wire or cable. C. Any conductor used for equipment grounding purposes shall be green in color, unless it is bare. I Conductors with white or green covering shall not be used to indicate other than neutral or grounding. This limitation applies to all power and control circuits. I D. Conductors shall be without splice from termination to termination, unless indicated otherwise on the Drawings. E. Conductors for ac and dc circuits shall be installed in separate conduits. 1 3.02 SPLICES AND TERMINATIONS I A. All splices, taps, and terminations shall be made with tool compressed connectors. Contractor shall provide all wire connectors, lugs, and terminals, unless indicated otherwise. B. Bolted compression lugs furnished as an integral part of the equipment shall be used to terminate Ithe conductors to that equipment. C. Electrical spring connectors shall be used for splices and taps in lighting and 120-volt receptacle Icircuits. D. Every bolt, lug, and screw termination shall be tightened with a torque wrench or torque screwdriver to the torque values specified in UL Standards and/or as specified by the device Imanufacturer. 3.03 IDENTIFICATION IA. Conduits shall be tagged as a group where they enter each major electrical panel or box, such as panelboards, and service entrance. Tag shall identify the location of the other end of the run. Tags shall be 3/4 inch by 3-1/2 inches nylon plates, Panduit Part No. MP350, or approved equal, marked I in black with a marking pen specifically designed for such use; Panduit Part No. PX-O, or equal. If more space is required than available on the above nylon plates, tags shall be approximately 2-3/8 inches by 4-3/4 inches medium weight shipping tags with reinforced eyelet, Dennison Size 5, I Grade G, or approved equal. Tags shall be marked with black ink and the writing shall be covered with adhesive-backed plastic or clear polyester film tape, such as 3M Scotch Brand 3750 Clear Box Sealing Tape, or equal. 1 END OF SECTION iLOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ©2010 Bonestroo 1 00055-10168-0 26 05 19-3 I i SECTION 26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Conduit. 2. Conduit fittings. 3. Underground warning tape. 4. Pull and junction boxes. 5. Fire stop material. 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 Quote, unless noted otherwise. PART 2 PRODUCTS 2.01 RIGID METAL CONDUIT A. Steel 1. Galvanized inside and outside. 2. NFPA 70,Article 344. 3. UL Listed. B. Aluminum 1. 6063 aluminum alloy, T-1 temper. 2. NFPA 70, Article 344. 3. UL Listed. 2.02 RIGID METAL CONDUIT FITTINGS A. Threaded couplings and fittings only; no set screw, gland type, or split fittings. B. Grounding type insulated bushings; O-Z/Gedney Type BLG, or equal. C. Insulated bushings; Midwest Electrical Mfg. Co., O-Z/Gedney Type B, or equal. D. Sealing locknuts; Midwest Electrical Mfg. Co., RACO, or equal. E. Expansion Fittings 1. 4-inches conduit movement. 2. External bonding jumper. 1 F. Pull Fittings (C, LB, etc.): Clamp type,stamped covers with gaskets and stainless steel screws and clamps. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ©2010 Bonestroo 1 00055-10168-0 26 05 33-1 I I i G. Conduit Hubs 1. Full contact type with sealing"0"ring. I 2. Myers"Scru-tite,"or equal. H. Material: Fittings, hubs, etc. shall be galvanized steel for galvanized steel conduit and copper free aluminum for aluminum conduit. I. Corrosion Resistant Coatings: All rigid metal conduit installed underground, or in contact with concrete, shall be painted with 1 coat of Carboline Carbocrylilc 120 (for both steel and aluminum conduit), or equal, as a pre-treatment followed by 2 coats of Carboline Bitumastic 300M, or coated with 3M Scotchrap Pipe Primer, and wrapped with 3M Scotchrap Corrosion Protection Tape. 2.03 RIGID NONMETALLIC CONDUIT AND FITTINGS I A. EPC-40-PVC and EPC-80-PVC for Type II and Type III applications. B. Sunlight resistant. C. NEMA TC2. D. NFPA 70, Article 352. E. UL Listed. I F. Manufacturer: Carlon, CertainTeed, or equal. 2.04 ELECTRICAL METALLIC TUBING (EMT) 1 A. Galvanized exterior. B. Corrosion resistant, lubricating interior coating. C. Galvanized or Zinc Plated Finish Steel Fittings 1. Set screw, concrete-tight type, except raintight/concrete-tight gland compression type in wet locations. 2. Insulated throat connectors. 3. Appleton, Midwest Electric, O-Z/Gedney, or equal. D. NFPA 70,Article 358. E. UL Listed. i 2.05 LIQUIDTIGHT FLEXIBLE METAL CONDUIT A. Galvanized steel core. B. Built-in continuous copper ground in 1/2 inch through 1-1/4 inches. I C. PVC jacket. D. NFPA 70,Article 350. 1 E. UL listed. I RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ©2010 Bonestroo l 00055-10168-0 26 05 33-2 I S 1 F. Amer-Tite Type UL,Anamet Anaconda Sealtite Type U.A., Electri-Flex Liquatite Type L.A., or equal. G. Connectors: 1. Grounding ferrule and insulated throat. 2. Appleton STB, Crouse-Hinds LTB, Midwest Electric LTB, or equal. 2.06 PULL AND JUNCTION BOXES A. Covers attached with hinges and stainless steel screws located within 1/2 inch of each corner opposite the hinges and spaced not more than 12 inches apart. B. Neoprene gasketed covers. C. Sized per NFPA 70 with enough capacity to add to each side at least 2 conduits of the same size as the largest conduit entering the box. D. Square cornered masonry type boxes, 2-1/2 inches minimum depth, shall be used for all flush switches and receptacles in glazed tile,face brick, and unfinished block walls. E. Type FS or FD copper-free aluminum cast device boxes for all surface mounted small boxes. Boxes in chemical rooms shall be non-metallic FS or FD boxes. F. Galvanized fittings and boxes for EMT conduit. 2.07 FIRE RETARDENT MATERIAL A. Fire stop foam. B. Fire stop sealant. C. 3-hour fire rating. D. UL Classified per UL-1479. E. Chase Technology Corp., Dow Corning, General Electric, 3M, or equal. 1 2.08 ALUMINUM THREAD COMPOUND A. Anti-oxidant and anti-seize compound. B. Burndy Penetrox, Ideal NOALOX, Ilsco DE-OX, or equal. 2.09 DUCT SEALING COMPOUND A. Soft, fibrous, slightly tacky, non-hardening, and easily applied by hand at all working temperatures. B. Clean and non-staining. C. J.M. Clipper Corp. Duxseal, O-Z/Gedney DUX, or equal. 1 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ©2010 Bonestroo 1 00055-10168-0 26 05 33-3 I i 2.10 CONDUIT CLAMPS I A. Conduit clamps for rigid metal conduit shall be malleable iron, 1 hole clamp with malleable iron clamp backs; Crouse-Hinds MW500 Series, Raco 1303/1324,Appleton CL75M/600M, or equal. 2.11 CABLE FITTINGS A. Aluminum or stainless steel threaded body and gland nut. B. Neoprene bushing. C. Stainless steel wire mesh grip. 1 D. Crouse-Hinds CGB with RPE wire mesh grip, Killems CG, or equal. PART 3 EXECUTION 3.01 CONDUIT INSTALLATION A. Conduit size shall be as shown on the Drawings or as required by the NFPA 70 with a minimum size of 3/4 inch, except that 1/2 inch may be used to connect to devices which have a knock-out or fitting for only 1/2-inch conduit. All raceways shall be installed in accordance with NECA 1, Standard Practices for Good Workmanship in Electrical Contracting, and as specified herein. B. Threads of aluminum conduit and fittings shall be coated with an anti-seize compound before the connections are made. C. Pull boxes or fittings shall be installed as Site and pulling requirements dictate. D. All raceways shall be installed exposed, except in the finished areas designated on the Drawings or where noted otherwise. 1. All raceways in the shelter lower level shall be EMT to match existing. 2. All conduit outdoors shall be rigid metal. 3. Liquidtight flexible metal conduit shall be used to connect from the rigid conduit system to equipment and devices if a rigid connection is improper or impractical. E. Conduits or groups of conduits shall run parallel to or perpendicular to building lines. Grouped conduits shall be supported at proper intervals with trapeze or bracket type hangers constructed of galvanized Unistrut, Power-Strut,or equal. All hangers, fasteners, nuts, etc. shall be galvanized steel or stainless steel. Support fasteners shall be preset inserts, beam clamps, expansion shields, or gun-driven studs. In the chemical handling rooms and other areas designated on the Drawings, all hangers, fasteners, inserts, screws, etc. shall be PVC or nylon. F. Conduit and Penetration Sealing 1. Any conduit run which goes through an exterior building wall or between rooms of more than 30 degrees F difference in temperature shall be sealed internally with duct sealing compound at the point where they leave the room. 2. All penetrations thru fire rated walls shall be sealed according to NFPA 70, Article 300.21. G. No raceways, fittings, outlets,junction boxes, or pull boxes shall be attached to grating; they shall be connected to supports which are attached to structural members. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ©2010 Bonestroo 1 00055-10168-0 26 05 33-4 I I I H. All pull and outlet boxes shall be set plumb. Boxes for concealed wiring shall be flush with the Ifinished surface. All boxes shall be UL listed for the location in which they are installed. I. Expansion fittings shall be installed at building expansion joints and where the length of straight I run requires it. J. All conduits shall be kept dry and free of water or debris with pipe plugs or caps. I K. Conduit and boxes shall not be attached to or suspended from equipment or mechanical ductwork. Where box or conduit must be mounted below ductwork, provide a structural channel support which is suspended from the ceiling or bracketed from a wall. Attachments to equipment shall be I directly to the electrical devices associated with it. L. Conduit terminations to terminal boxes, cabinets, and enclosures shall have double locknuts and insulated bushings. External locknuts shall be sealing locknuts. IM. All conduits which enter major equipment, such as the service entrance, and panelboards, shall have grounding type insulating bushings. I N. Conduit terminations to outdoor or below ground NEMA 3R, 4, and 4X terminal boxes, pull boxes, cabinets, and enclosures shall use full contact hubs. I 0. Liquidtight flexible metal conduit 1-1/2 inches and larger shall have an external bonding jumper sized in accordance with NFPA 70, Table 250.122, up to a maximum of No. 6 wire. Grounding liquidtight connectors with insulated throat, Efcor Brand, O-Z/Gedney, or approved equal, may be I used in lieu of the grounding clamp on the conduit. P. Only raceway types which are specified herein shall be used. IQ. Provide cable fittings and wire mesh grip for cable entry into conduit. 3.02 OPENINGS I A. Contractor shall review the size and location of all openings to be sure they meet the requirements of the equipment that is furnished and/or installed as a part of this Contract. Contractor shall be responsible for providing all required openings necessary for a complete installation. All required Iopenings are not shown on the Drawings. B. All openings shall be filled with an approved sealant, caulking, or grout after the conduit or cable I installation is complete. END OF SECTION I I 1 IRACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ©2010 Bonestroo 1 00055-10168-0 26 05 33-5 t 1 I SECTION 26 08 00 COMMISSIONING OF ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. All equipment checks, adjustments, tests, and system energization shall be performed as specified below. If any test specified will void the warranty of any equipment to be tested, the Engineer shall be notified and further instructions received before proceeding with the test. 2. The following items shall be tested: a. Photovoltaic systems. I b. Lighting 3. When the Work is complete, a final inspection will be made and the Contractor shall demonstrate that all equipment and systems conform to the Drawings and Specifications. 1 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote, unless noted otherwise. 1.03 QUALIFICATION OF PERSONNEL A. All personnel responsible for testing and commissioning equipment as a part of this Project shall be specially trained for the tasks they are to perform. B. Personnel operating test equipment shall have had previous training and experience in using the equipment and shall be thoroughly familiar with the equipment capabilities and limitations. jC. All tests shall be made by or under the direct supervision of service personnel who are factory- trained in the application and operation of the device being tested. D. Evidence of the experience of test personnel in the form of certificates of training or other acceptable documentation shall be made available upon request of the Engineer. E. The Engineer reserves the right to require the Contractor to provide different test personnel if those performing the tests do not demonstrate competency in their work. 1.04 SCHEDULING AND REPORTING A. All tests shall be scheduled 48 hours in advance with the Engineer and shall be conducted in his presence or the presence of his representative. Test results shall be tabulated neatly and legibly on the test forms,which are included at the end of this Section and which are available from the Engineer. Any other report forms shall be submitted for approval at least 4 weeks before tests are made. Test reports shall include the pertinent readings or observations, a description of the method used, and a list of the equipment employed. B. If the materials or equipment fail under test, the test reports shall include the following: 1. Pertinent readings or observations made up to the point of failure. COMMISSIONING OF ELECTRICAL SYSTEMS ©2010 Bonestroo 100055-10168-0 26 08 00-1 I I I 2. Any abnormal readings. 3. Any data which might indicate the cause of failure. 4. The cause of the failure, if determined. 5. Corrective measures taken. C. In all cases of test failure, the Contractor shall demonstrate that the corrective measures proposed I are adequate before making any repairs, adjustments, or replacements. 1.05 TESTING EQUIPMENT I A. Testing equipment used for a given test shall be recommended by the manufacturer for that particular test and shall be approved by the Engineer. B. Voltage and current measurements shall be made with a true RMS instrument, which has an accuracy of± 1 percent of full scale. Scale shall be selected so that the reading is not less than one-half scale. I C. All test equipment shall be provided by the Contractor. PART 2 PRODUCTS I Not Used. PART 3 EXECUTION I 3.01 INSPECTION A. All equipment shall be given a thorough visual inspection by the installer to detect insofar as possible any loose or erroneous connections, damaged components, the presence of foreign objects or materials, poor workmanship, incorrect rating of protective devices, or other abnormal conditions. B. Every bolted or screwed connection or terminal shall have a torque wrench or torque screwdriver applied to assure tightness before any equipment is energized. This shall apply to both factory made and field made connections and terminations. Any problem or damage resulting from a faulty connection or termination shall be the responsibility of the Contractor. C. Covers shall be installed on all pull boxes,junction boxes, and raceway fittings before the final inspection. END OF SECTION 1 I I I COMMISSIONING OF ELECTRICAL SYSTEMS ©2010 Bonestroo 100055-10168-0 26 08 00-2 1 I SECTION 26 27 26 WIRING DEVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Convenience receptacles. 2. Circuit breaker. 3. Wall plates. 4. Outlet boxes. 5. Meter Socket. 6. Disconnect. 1.02 PRICE AND PAYMENT PROEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote, unless noted otherwise. 1.03 QUALITY A. All wiring devices shall be products of the same manufacturer, unless specifically noted otherwise. 1.04 SUBMITTALS A. Product data sheets shall be submitted for all materials specified herein. PART 2 PRODUCTS 2.01 CONVENIENCE RECEPTACLES A. Duplex Receptacles 1. Specification grade, 3-wire grounding type, NEMA 5-20R. 2. Side wired. 3. Rated 20 amperes, 125 volts. 4. Ivory color. 5. Manufacturer: Eagle 5362, Hubbell 5362, Leviton 5362, or equal. 2.02 CIRCUIT BREAKER A. Thermal magnetic, molded case circuit breakers. B. Operating mechanisms shall be with provisions for padlocking in the open position. C. Adjustable magnetic trip. D. Ground fault indication. E. Test provisions. WIRING DEVICES ©2010 Bonestroo 1 000055-10168-0 26 27 26-1 I I F. Suitable for reverse feed. G. Must be located on the opposite side of the main breaker. I H. Circuit breaker shall be compatible with existing panelboard. 2.03 WALL PLATES A. Surface mounted receptacles in FS or FD cast device boxes shall have a stamped aluminum cover 1. Manufacturer: Appleton, or equal, or a gasketed, cast plate, Crouse-Hinds Feraloy, or equal. 2.04 OUTLET BOXES A. All surface mounted outlet boxes for switches and receptacles shall be type"FS"or"FD"cast device boxes, unless otherwise noted. B. All outlet boxes shall be of sufficient size for the number of wires specified as required by , NFPA 70. 2.05 METER SOCKET I A. Power Company approved 200A meter socket. PART 3 EXECUTION 1 3.01 INSTALLATION A. Convenience outlets shall be provided where shown on the Drawings. B. Interior surface mounted receptacles shall be mounted at 4 feet above floor level, unless noted otherwise. C. All receptacle outlets shall be grounded to a separate grounding conductor that has green insulation. D. All boxes shall be plumb. END OF SECTION 1 I 1 I I WIRING DEVICES ©2010 Bonestroo 000055-10168-0 26 27 26-2 i I I SECTION 26 28 19 IDISCONNECTS IPART 1 GENERAL 1.01 SUMMARY IA. Section Includes 1. Local disconnects. I2. Corrosion inhibitors. 1.02 PRICE AND PAYMENT PROCEDURES I A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote, unless noted otherwise. 1 1.03 SUBMITTALS A. Data sheets which describe the switches, give electrical ratings, and give dimensions. IPART 2 PRODUCTS I2.01 LOCAL DISCONNECTS A. UL listed, heavy duty, 600 volts, 3-pole safety switches. 1 B. Fusible C. Ampere and horsepower rating required for the connected load. ID. Quick-make, quick-break operating mechanism. E. Provisions for padlocking in the open and closed positions. IF. NEMA 3R enclosure for outdoor switches. I G. Cutler Hammer, General Electric, Siemens, Square D, or equal. 2.02 CORROSION INHIBITOR I A. Vapor phase corrosion inhibitor device shall be Crouse-Hinds CID 101, Hoffman A-HCI, Zerust VC2, or approved equal. I B. Capsule or device size shall be adequate to provide 1 year of protection for the enclosure in which it is installed. 1 IDISCONNECTS ©2010 Bonestroo 1 000055-10168-0 26 28 19-1 I I I PART 3 EXECUTION I 3.01 INSTALLATION A. Disconnect switches shall be installed in a readily accessible location where indicated on the 1 Drawings. Centerline of the switch shall be mounted 4 feet above the ground. B. Disconnect switch shall be identified with labeling as required by Xcel-Solar Rewards Program. I C. All disconnect switches mounted outside shall contain a corrosion inhibitor device. END OF SECTION 1 I I I I I I I 1 I I DISCONNECTS I ©2010 Bonestroo 1 000055-10168-0 26 28 19-2 I I I SECTION 48 14 13 ISOLAR ENERGY COLLECTORS IPART 1 GENERAL 1.01 SUMMARY IA. Section Includes the following for a 2KW roof mounted, grid-tied system: 1. Solar panel. I 2. Combiner box. 3. Inverter. 4. Mounting hardware. 5. Monitoring system. 1 1.02 PRICE AND PAYMENT PROCEDURES I A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Quote, unless noted otherwise. 1 1.03 JOB CONDITIONS A. Contractor shall verify that the equipment being furnished can be installed in the available space. If available space is not adequate for the proposed equipment, the conflict shall be resolved with the I Engineer before releasing the equipment for manufacturing. 1.04 REQUIREMENTS, SERVICE AND REPLACEMENT PARTS IA. Manufacturers of the photovoltaic system shall have factory-trained service personnel,test equipment, and a distributor which stocks replacement parts all located within the Minneapolis-St. I Paul metropolitan area. PART 2 PRODUCTS 1 2.01 SOLAR PANELS A. Wattage as required to meet shown layout and to achieve overall 2KW system. IB. Tempered glass, EVA lamination and weatherproof backskin. C. Watt multi-purpose module. ID. 156mm monocrystalline solar cells. IE. Cable and cable connector. F. 25-year warranty on power output. IG. 7.84A Maximum Power Current. H. 30V Maximum Power Voltage. ISOLAR ENERGY COLLECTORS ©2010 Bonestroo 1 000055-10168-0 48 14 13-1 I I 1 I. UL listed. 3. Class C fire rating. ' K. -40 degrees to 194 degrees F operating temperature. L. Manufacturers; Sharp NU-235F1, or approved equal. 2.02 COMBINER BOX I A. NEMA 3R enclosure. B. Up to 12 pv inputs. ' C. Integral DC fused disconnect. D. UL listed 1741. I E. Manufacturers; SMA, or approved equal. 2.03 GRID-TIED INVERTER A. 3KW 1 B. Min to Max voltage rating 220-480VDC. C. Efficiency at 96 percent ' D. Field configurable for positive ground. E. Integrated lockable DC load disconnect switch. 1 F. Indoor rated. G. OptiCool active temperature management H. Graphic display. I I. UL listed 1741. 3. Communication module for remote communications of data to monitoring system. I K. Manufacturers; SMA Sunny Boy, or approved equal. 2.04 MOUNTING HARDWARE i A. Hardware for mounting panels on roof. B. Heavy duty aluminum rails. C. Provide all required fittings and hardware. I D. Manufacturers; Unirac, or approved equal. SOLAR ENERGY COLLECTORS ©2010 Bonestroo l 000055-10168-0 48 14 13-2 t 1 I 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): IOWNER(Name and Address): ICONTRACT Date: Amount: Description(Name and Location): III BOND Bond Number: Date(Not earlier than Contract Date): I Amount: Modifications to this Bond Form: I 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 ICompany: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title I (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: ISignature and Title CONTRACTOR AS PRINCIPAL SURETY Company: ISignature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) IAttest: Signature and Title: I 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. 1 I00 61 13.13-1 I 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 6. After Owner has terminated Contractor's right to complete the Contract, and if executors,administrators,successors,and assigns to Owner for the performance of the Surety elects to act under Paragraph 4.] 4.2 or 4.3 above,then the responsibilities of g P Y P Contract,which is incorporated herein by reference, Surety to Owner shall not be greater than those of Contractor under the Contract,and the responsibilities of Owner to Surety shall not be greater than those of Owner under 2. if Contractor performs the Contract, Surety and Contractor have no obligation the Contract. To a limit of the amount of this Bond,but subject to commitment 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 Contract,Surety is obligated without duplication for: 3. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety,at the addresses described in completion of the Contract; Paragraph 10 below, that Owner is considering declaring a Contractor 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, Surety under Paragraph 4;and Contractor and Surety agree, Contractor shall be allowed a reasonable 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- performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated 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 this Bond to any person or entity other than Owner or its heirs, executors, 3.3. Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. 1. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change,including changes of time,to Contract or to related subcontracts,purchase orders,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 9. Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and located and shall be instituted within two years after Contractor 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 to perform its obligations under this Bond,whichever occurs first. If the provisions of 4.1. Arrange for Contractor,with consent of Owner,to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation 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 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 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 proper payments tender payment therefor to Owner;or made to or on behalf of Contractor under the Contract. 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. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) I 00 61 13.13-2 1 1 I PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. iCONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): IIIOWNER(Name and Address): I CONTRACT Date: Amount: IIDescription(Name and Location): BOND I Bond Number: Date(Not earlier than Contract Date): Amount: Modifications to this Bond Form: I Surety and Contractor,intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this I Payment Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: ISignature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) I (Space is provided below for signatures of additional parties,if required.) Attest: Signature and Title ICONTRACTOR AS PRINCIPAL SURETY Company: I Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) I Attest: Signature and Title: I EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. I I00 61 13.16-1 1 I 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): IOWNER(Name and Address): ICONTRACT Date: Amount: Description(Name and Location): III BOND Bond Number: Date(Not earlier than Contract Date): I Amount: Modifications to this Bond Form: I 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 ICompany: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title I (Attach Power of Attorney) (Space is provided below for signatures of additional parties,if required.) Attest: ISignature and Title CONTRACTOR AS PRINCIPAL SURETY Company: ISignature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) IAttest: Signature and Title: I 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. 1 I00 61 13.13-1 I 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, 6. After Owner has terminated Contractor's right to complete the Contract, and if executors,administrators,successors,and assigns to Owner for the performance of the Surety elects to act under Paragraph 4.] 4.2 or 4.3 above,then the responsibilities of g P Y P Contract,which is incorporated herein by reference, Surety to Owner shall not be greater than those of Contractor under the Contract,and the responsibilities of Owner to Surety shall not be greater than those of Owner under 2. if Contractor performs the Contract, Surety and Contractor have no obligation the Contract. To a limit of the amount of this Bond,but subject to commitment 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 Contract,Surety is obligated without duplication for: 3. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 6.1. The responsibilities of Contractor for correction of defective Work and 3.1. Owner has notified Contractor and Surety,at the addresses described in completion of the Contract; Paragraph 10 below, that Owner is considering declaring a Contractor 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, Surety under Paragraph 4;and Contractor and Surety agree, Contractor shall be allowed a reasonable 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- performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated 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 this Bond to any person or entity other than Owner or its heirs, executors, 3.3. Owner has agreed to pay the Balance of the Contract Price to: administrators,or successors. 1. Surety in accordance with the terms of the Contract; 8. Surety hereby waives notice of any change,including changes of time,to Contract or to related subcontracts,purchase orders,and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 9. Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is 4. When Owner has satisfied the conditions of Paragraph 3,Surety shall promptly and located and shall be instituted within two years after Contractor 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 to perform its obligations under this Bond,whichever occurs first. If the provisions of 4.1. Arrange for Contractor,with consent of Owner,to perform and complete this paragraph are void or prohibited by law, the minimum period of limitation 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 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 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 proper payments tender payment therefor to Owner;or made to or on behalf of Contractor under the Contract. 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. FOR INFORMATION ONLY—Name,Address and Telephone Surety Agency or Broker Owner's Representative(engineer or other party) I 00 61 13.13-2 1 1 I PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. iCONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): IIIOWNER(Name and Address): I CONTRACT Date: Amount: IIDescription(Name and Location): BOND I Bond Number: Date(Not earlier than Contract Date): Amount: Modifications to this Bond Form: I Surety and Contractor,intending to be legally bound hereby, subject to the terms printed on the reverse side hereof,do each cause this I Payment Bond to be duly executed on its behalf by its authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Company: ISignature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) I (Space is provided below for signatures of additional parties,if required.) Attest: Signature and Title ICONTRACTOR AS PRINCIPAL SURETY Company: I Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) I Attest: Signature and Title: I EJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. I I00 61 13.16-1 t 1. Contractor and Surety,jointly and severally, bind themselves, their heirs, 8. Amounts owed by Owner to Contractor under the Contract shall be used for executors, administrators, successors, and assigns to Owner to pay for labor, the performance of the Contract and to satisfy claims, if any, under any materials,and equipment furnished by Claimants for use in the performance of performance bond. By Contractor furnishing and Owner accepting this Bond, the Contract,which is incorporated herein by reference, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, 2. With respect to Owner,this obligation shall be null and void if Contractor: subject to Owner's priority to use the funds for the completion of the Work. 2.1. Promptly makes payment, directly or indirectly, for all sums due 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 or prohibited by law, the minimum period of limitation available to 4.1. Claimants who are employed by or have a direct contract with sureties as a defense in the jurisdiction of the suit shall be applicable. 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 of the date received at the address shown on the signature page. 4.2. Claimants who do not have a direct contract with Contractor: 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 waived,to pay Contractor as required by the Contract or to perform and 7. Surety's total obligation shall not exceed the amount of this Bond, and the 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): t 00 61 13.16-2 1 I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE t and Issued and Published Jointly By Auk'atrc At:c urz<C ar. i....As.,;o�rrresa Engineers* Proftsionalaff6NierSia_ *olio gip PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES S AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by II rI Prr The Associated General Contractors of America Ka Set4c re the Built Eiwon nt Construction Specifications Institute I i I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 I I TABLE OF CONTENTS I Page I ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2-PRELIMINARY MATTERS 9 I 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 I 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 I ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 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 I ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS I 1 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 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 6.10 Taxes 22 I 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. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-3 I 6.16 Emergencies 23 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 25 ARTICLE 7-OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 26 7.03 Legal Relationships 26 ARTICLE 8-OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements;Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 28 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 -COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 33 12.03 Delays 33 ARTICLE 13-TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 13.02 Access to Work 33 13.03 Tests and Inspections 33 II 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 I 14.05 Partial Utilization 38 I 14.06 Final Inspection 38 14.07 Final Payment 38 14.08 Final Completion Delayed 39 I 14.09 Waiver of Claims !' 39 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 39 I 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate 40 ARTICLE 16-DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 I ARTICLE 17-MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 I 17.03 Cumulative Remedies 41 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 I 1 I I I I I I I 1 I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700-5 GENERAL CONDITIONS 9. Change Order--A document recommended 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. 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 I 20. Field Order--A written order issued by 32.Progress Schedule--A schedule,prepared and I Engineer which requires minor changes in the Work but maintained by Contractor, describing the sequence and 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. I21. 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. 1 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, I quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the table(s)of contents. connection with the Work. I 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. I amended from time to time. 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. I 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or 38. Samples--Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the I 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. I compliance by the Successful Bidder with the conditions p recedent listed therein, Owner will sign and deliver the 40. Schedule of Values--A schedule, prepared Agreement. and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used 1 28.Notice to Proceed--A written notice given by as the basis for reviewing Contractor's Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to run and on which Contractor shall start to perform the Work under the 41. Shop Drawings--All drawings, diagrams, I 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 I Contractor has entered into the Agreement and for whom portion of the Work. the Work is to be performed. 42.Site--Lands or areas indicated in the Contract 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 of temperature and pressure (60 degrees Fahrenheit and Contractor. I 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. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700-7 I administrative requirements and procedural matters but is evidence that the parties expect that the change applicable thereto. ordered or documented b y a Work Change Directive will g be incorporated in a subsequently issued Change Order 44. Subcontractor--An individual or entity following negotiations by the parties as to its effect, if having a direct contract with Contractor or with any other any,on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology 45. Substantial Completion--The time at which A. The following words or terms are not defined the Work (or a specified part thereof) has progressed to but, when used in the Bidding Requirements or Contract the point where, in the opinion of Engineer,the Work(or Documents,have the following meaning. a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the B.Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the 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. 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 111 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 ' I E.Furnish,Install,Perform,Provide or,if a Notice to Proceed is given,on the day indicated in I 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- II 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. I 2. The word "install," when used in connection 2.04 Starting the Work with services, materials, or equipment, shall mean to put into use or place in final position said services,materials, A. Contractor shall start to perform the Work on or equipment complete and ready for intended use. the date when the Contract Times commence to run. No I 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 I 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 4. When"furnish,""install,""perform,"or"pro- the Effective Date of the Agreement (unless otherwise I vide"is not used in connection with services,materials,or specified in the General Requirements), Contractor shall equipment in a context clearly requiring an obligation of submit to Engineer for timely review: Contractor,"provide"is implied. 1. a preliminary Progress Schedule; indicating 111 F.Unless stated otherwise in the Contract Docu- ments, the times (numbers of days or dates) for starting and 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; I used in the Contract Documents in accordance with such recognized meaning. 2.a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the I ARTICLE 2-PRELIMINARY MATTERS Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to I 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. I also deliver to Owner such bonds as Contractor may be required to furnish. 2.06 Preconstruction Conference B. Evidence of Insurance: Before any Work at A. Before any Work at the Site is started, a I the Site is started, Contractor and Owner shall each conference attended by Owner, Contractor, Engineer, and deliver to the other,with copies to each additional insured others as appropriate will be held to establish a working identified in the Supplementary Conditions,certificates of understanding among the parties as to the Work and to I insurance (and other evidence of insurance which either discuss the schedules referred to in Paragraph 2.05.A, of them or any additional insured may reasonably request) procedures for handling Shop Drawings and other which Contractor and Owner respectively are required to submittals, processing Applications for Payment, and purchase and maintain in accordance with Article 5. maintaining required records. I2.02 Copies of Documents 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A.At least 10 days before submission of the first 1 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 I 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 I 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. I00700-9 I 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. Contractor shall promptly report in writing to Engineer ARTICLE 3-CONTRACT DOCUMENTS: INTENT, any conflict, error, ambiguity, or discrepancy which AMENDING,REUSE Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 3.01 Intent 2. Contractor's Review of Contract Documents A. The Contract Documents are complementary; During Performance of Work: If, during the performance what is required by one is as binding as if required by all. of the Work, Contractor discovers any conflict, error, ambiguity,or discrepancy within the Contract Documents B. It is the intent of the Contract Documents to or between the Contract Documents and any provision of describe a functionally complete Project (or part thereof) any Law or Regulation applicable to the performance of to be constructed in accordance with the Contract Docu- the Work or of any standard, specification, manual or 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 I (unless such an interpretation of the provisions sole risk. If there is a discrepancy between the electronic I of the Contract Documents would result in viola files and the hard copies,the hard copies govern. tion of such Law or Regulation). B. Because data stored in electronic media I 3.04 Amending and Supplementing Contract Documents format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the 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 I provide for additions,deletions,and revisions in the Work the receiving party shall be deemed to have accepted the or to modify the terms and conditions thereof by either a data thus transferred. Any errors detected within the 60- Change Order or a Work Change Directive. day acceptance period will be corrected by the transferring party.. B. The requirements of the Contract Documents may be supplemented, and minor variations and C. When transferring documents in electronic deviations in the Work may be authorized,by one or more media format, the transferring party makes no I of the following ways: representations as to long term compatibility,usability,or readability of documents resulting from the use of 1.A Field Order; software application packages, operating systems, or computer hardware differing from those used by the I 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; I 3. Engineer's written interpretation or SUBSURFACE AND PHYSICAL CONDITIONS; clarification. HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS I3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier 4.01 Availability of Lands or other individual or entity performing or furnishing all I of the Work under a direct or indirect contract with A. Owner shall furnish the Site. Owner shall Contractor,shall not: notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the have or acquire any title to or ownership Site with which Contractor must comply in performing I1. rights in any of the Drawings, Specifications, or the Work. Owner will obtain in a timely manner and pay other documents(or copies of any thereof)prepared by or for easements for permanent structures or permanent bearing the seal of Engineer or Engineer's consultants, changes in existing facilities. If Contractor and Owner are I including electronic media editions;or unable to agree on entitlement to or on the amount 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 I of the Project or any other project without written consent of Owner and Engineer and specific may make a Claim therefor as provided in Paragraph fic written verification 10.05. or adaption by Engineer. I B. Upon reasonable written request, Owner shall B. The prohibition of this Paragraph 3.05 will furnish Contractor with a current statement of record legal survive final payment, or termination of the Contract. title and legal description of the lands upon which the Nothing herein shall preclude Contractor from retaining Work is to be performed and Owner's interest therein as I copies of the Contract Documents for record purposes. necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with 3.06 Electronic Data applicable Laws and Regulations. I A. Copies of data furnished by Owner or C. Contractor shall provide for all additional Engineer to Contractor or Contractor to Owner or lands and access thereto that may be required for Engineer that may be relied upon are limited to the temporary construction facilities or storage of materials printed copies (also known as hard copies). Files in and equipment. I 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 Ior derived from such electronic files will be at the user's EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 i 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally A. Reports and Drawings: The Supplementary recognized as inherent in work of the character provided Conditions identify: for in the Contract Documents; 1. those reports of explorations and tests of then Contractor shall, promptly after becoming aware subsurface conditions at or contiguous to the Site that thereof and before further disturbing the subsurface or Engineer has used in preparing the Contract Documents; physical conditions or performing any Work in connec- and tion therewith (except in an emergency as required by Paragraph 6.16.A),notify Owner and Engineer in writing 2. those drawings of physical conditions in or about such condition. Contractor shall not further disturb relating to existing surface or subsurface structures at or such condition or perform any Work in connection contiguous to the Site (except Underground Facilities) therewith (except as aforesaid) until receipt of written that Engineer has used in preparing the Contract order to do so. Documents. B. Engineer's Review: After receipt of written B.Limited Reliance by Contractor on Technical notice as required by Paragraph 4.03.A, Engineer will Data Authorized: Contractor may rely upon the general promptly review the pertinent condition, determine the accuracy of the"technical data"contained in such reports necessity of Owner's obtaining additional exploration or and drawings, but such reports and drawings are not tests with respect thereto, and advise Owner in writing Contract Documents. Such "technical data" is identified (with a copy to Contractor) of Engineer's findings and in the Supplementary Conditions.Except for such reliance conclusions. on such"technical data,"Contractor may not rely upon or make any claim against Owner or Engineer, or any of C.Possible Price and Times Adjustments their Related Entities with respect to: 1. The Contract Price or the Contract Times, or 1.the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited to, existence of such differing subsurface or physical any aspects of the means, methods, techniques, condition causes an increase or decrease in Contractor's sequences,and procedures of construction to be employed cost of, or time required for, performance of the Work; by Contractor, and safety precautions and programs subject,however,to the following: incident thereto;or a. such condition must meet any one or more of 2. other data, interpretations, opinions, and the categories described in Paragraph 4.03.A; information contained in such reports or shown or and indicated in such drawings;or b.with respect to Work that is paid for on a Unit 3. any Contractor interpretation of or conclusion Price Basis, any adjustment in Contract Price drawn from any "technical data" or any such other data, will be subject to the provisions of Paragraphs interpretations,opinions,or information. 9.07 and 11.03. 4.03 Differing Subsurface or Physical Conditions 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: A.Notice:If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that a. Contractor knew of the existence of such is uncovered or revealed either: conditions at the time Contractor made a final commitment to Owner with respect to Contract 1. is of such a nature as to establish that any Price and Contract Times by the submission of a "technical data"on which Contractor is entitled to rely as Bid or becoming bound under a negotiated provided in Paragraph 4.02 is materially inaccurate;or contract;or 2.is of such a nature as to require a change in the b. the existence of such condition could Contract Documents;or reasonably have been discovered or revealed as a result of any examination, investigation, explo- 3.differs materially from that shown or indicated ration, test, or study of the Site and contiguous in the Contract Documents;or areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment;or t EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 I c. Contractor failed to give the written notice as promptly review the Underground Facility and determine required by Paragraph 4.03.A. the extent, if any, to which a change is required in the Contract Documents to reflect and document the 3. If Owner and Contractor are unable to agree consequences of the existence or location of the Under- on entitlement to or on the amount or extent, if any, of ground Facility. During such time, Contractor shall be any adjustment in the Contract Price or Contract Times, responsible for the safety and protection of such or both, a Claim may be made therefor as provided in Underground Facility. Paragraph 10.05. However,Owner and Engineer, and any I of their Related Entities shall not be liable to Contractor 2. If Engineer concludes that a change in the for any claims, costs, losses, or damages (including but Contract Documents is required, a Work Change not limited to all fees and charges of engineers,architects, Directive or a Change Order will be issued to reflect and I attorneys, and other professionals and all court or document such consequences. An equitable adjustment arbitration or other dispute resolution costs) sustained by shall be made in the Contract Price or Contract Times, or Contractor on or in connection with any other project or both, to the extent that they are attributable to the anticipated project. existence or location of any Underground Facility that I was not shown or indicated or not shown or indicated 4.04 Underground Facilities with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably A.Shown or Indicated:The information and data have been expected to be aware of or to have anticipated. I shown or indicated in the Contract Documents with If Owner and Contractor are unable to agree on respect to existing Underground Facilities at or entitlement to or on the amount or extent, if any, of any contiguous to the Site is based on information and data such adjustment in Contract Price or Contract Times, furnished to Owner or Engineer by the owners of such Owner or Contractor may make a Claim therefor as I Underground Facilities, including Owner, or by others. provided in Paragraph 10.05. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 4.05 Reference Points I1. Owner and Engineer shall not be responsible A. Owner shall provide engineering surveys to for the accuracy or completeness of any such information establish reference points for construction which in or data;and Engineer's judgment are necessary to enable Contractor Ito proceed with the Work. Contractor shall be responsible 2. the cost of all of the following will be for laying out the Work, shall protect and preserve the included in the Contract Price, and Contractor shall have established reference points and property monuments,and full responsibility for: shall make no changes or relocations without the prior I written approval of Owner. Contractor shall report to a. reviewing and checking all such information Engineer whenever any reference point or property and data, monument is lost or destroyed or requires relocation I b. locating all Underground Facilities shown or because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or indicated in the Contract Documents, relocation of such reference points or property monuments by professionally qualified personnel. I c. coordination of the Work with the owners of such Underground Facilities, including Owner, 4.06 Hazardous Environmental Condition at Site during construction,and I A. Reports and Drawings: Reference is made to d. the safety and protection of all such Under- the Supplementary Conditions for the identification of ground Facilities and repairing any damage those reports and drawings relating to a Hazardous thereto resulting from the Work. Environmental Condition identified at the Site,if any,that I B.Not Shown or Indicated have been utilized by the Engineer in the preparation of the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical I revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the"technical data"contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified I disturbing conditions affected thereby or performing any in the Supplementary Conditions.Except for such reliance Work in connection therewith(except in an emergency as on such"technical data,"Contractor may not rely upon or required by Paragraph 6.16.A),identify the owner of such make any claim against Owner or Engineer, or any of I Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-13 I 1.the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, but not limited to, adjustment in Contract Price or Contract Times as a result any aspects of the means,methods,techniques, sequences of deleting such portion of the Work, then either party and procedures of construction to be employed by may make a Claim therefor as provided in Paragraph Contractor and safety precautions and programs incident 10.05. Owner may have such deleted portion of the Work thereto;or performed by Owner's own forces or others in accordance with Article 7. 2. other data, interpretations, opinions and information contained in such reports or shown or G. To the fullest extent permitted by Laws and indicated in such drawings;or Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the 3. any Contractor interpretation of or conclusion officers, directors, partners, employees, agents, drawn from any "technical data" or any such other data, consultants, and subcontractors of each and any of them interpretations,opinions or information. from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of C. Contractor shall not be responsible for any engineers, architects, attorneys, and other professionals Hazardous Environmental Condition uncovered or re- and all court or arbitration or other dispute resolution vealed at the Site which was not shown or indicated in costs) arising out of or relating to a Hazardous Drawings or Specifications or identified in the Contract Environmental Condition, provided that such Hazardous Documents to be within the scope of the Work. Environmental Condition: (i) was not shown or indicated Contractor shall be responsible for a Hazardous in the Drawings or Specifications or identified in the Environmental Condition created with any materials Contract Documents to be included within the scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for whom Contractor is anyone for whom Contractor is responsible. Nothing in responsible. this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- D. If Contractor encounters a Hazardous quences of that individual's or entity's own negligence. Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous H. To the fullest extent permitted by Laws and Environmental Condition, Contractor shall immediately: Regulations, Contractor shall indemnify and hold (i) secure or otherwise isolate such condition; (ii) stop all harmless Owner and Engineer, and the officers,directors, Work in connection with such condition and in any area partners, employees, agents, consultants, and affected thereby (except in an emergency as required by subcontractors of each and any of them from and against Paragraph 6.16.A); and (iii) notify Owner and Engineer all claims, costs, losses, and damages (including but not (and promptly thereafter confirm such notice in writing). limited to all fees and charges of engineers, architects, Owner shall promptly consult with Engineer concerning attorneys, and other professionals and all court or the necessity for Owner to retain a qualified expert to arbitration or other dispute resolution costs)arising out of evaluate such condition or take corrective action,if any. or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor E. Contractor shall not be required to resume is responsible. Nothing in this Paragraph 4.06.H shall Work in connection with such condition or in any affected obligate Contractor to indemnify any individual or entity area until after Owner has obtained any required permits from and against the consequences of that individual's or related thereto and delivered to Contractor written notice: entity's own negligence. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or I. The provisions of Paragraphs 4.02, 4.03, and (ii) specifying any special conditions under which such 4.04 do not apply to a Hazardous Environmental Work may be resumed safely. If Owner and Contractor Condition uncovered or revealed at the Site. cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- ARTICLE 5-BONDS AND INSURANCE page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. 5.01 Performance,Payment, and Other Bonds I F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 1 I in Paragraph 13.07,whichever is later,except as provided from claims set forth below which may arise out of or I otherwise by Laws or Regulations or by the Contract result from Contractor's performance of the Work and Documents. Contractor shall also furnish such other Contractor's other obligations under the Contract bonds as are required by the Contract Documents. Documents, whether it is to be performed by Contractor, 1 B. any Subcontractor or Supplier, or by anyone directly or All bonds shall be in the form prescribed by indirectly employed by any of them to perform any of the the Contract Documents except as provided otherwise by Work, or by anyone for whose acts any of them may be Laws or Regulations, and shall be executed by such liable: I sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties 1. claims under workers' compensation, on Federal Bonds and as Acceptable Reinsuring Compa- disability benefits, and other similar employee benefit I vies" as published in Circular 570 (amended) by the acts; Financial Management Service,Surety Bond Branch,U.S. Department of the Treasury.All bonds signed by an agent 2. claims for damages because of bodily injury, must be accompanied by a certified copy of the agent's occupational sickness or disease, or death of Contractor's authority to act. employees; C. If the surety on any bond furnished by 3. claims for damages because of bodily injury, Contractor is declared bankrupt or becomes insolvent or sickness or disease, or death of any person other than I its right to do business is terminated in any state where Contractor's employees; any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall 4. claims for damages insured by reasonably promptly notify Owner and Engineer and shall,within 20 available personal injury liability coverage which are sus- days after the event giving rise to such notification, tained: provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and a.by any person as a result of an offense directly I 5.02. or indirectly related to the employment of such person by Contractor,or 5.02 Licensed Sureties and Insurers b.by any other person for any other reason; I A. All bonds and insurance required by the Contract Documents to be purchased and maintained by 5. claims for damages, other than to the Work Owner or Contractor shall be obtained from surety or itself, because of injury to or destruction of tangible insurance companies that are duly licensed or authorized property wherever located,including loss of use resulting I in the jurisdiction in which the Project is located to issue therefrom;and bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall 6.claims for damages because of bodily injury or I also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. 5.03 Certificates of Insurance B. The policies of insurance required by this I Paragraph 5.04 shall: A.Contractor shall deliver to Owner,with copies to each additional insured identified in the Supplementary 1. with respect to insurance required by Conditions, certificates of insurance (and other evidence Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include of insurance requested by Owner or any other additional as additional insured(subject to any customary exclusion insured) which Contractor is required to purchase and regarding professional liability)Owner and Engineer,and maintain. any other individuals or entities identified in the Supple- I mentary Conditions, all of whom shall be listed as addi- B.Owner shall deliver to Contractor,with copies tional insureds, and include coverage for the respective to each additional insured identified in the Supplementary officers, directors, partners, employees, agents, Conditions, certificates of insurance (and other evidence consultants and subcontractors of each and any of all such I of insurance requested by Contractor or any other additional insureds, and the insurance afforded to these additional insured) which Owner is required to purchase additional insureds shall provide primary coverage for all and maintain. claims covered thereby; I 5.04 Contractor's Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or I liability and other insurance as is appropriate for the Regulations,whichever is greater; Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I00700-15 P 1 3.include completed operations insurance; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall 4. include contractual liability insurance at least include insurance for physical loss or damage to covering Contractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs 6.11 and 6.20; and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, 5. contain a provision or endorsement that the extended coverage, theft, vandalism and malicious coverage afforded will not be canceled, materially mischief, earthquake, collapse, debris removal, changed or renewal refused until at least 30 days prior demolition occasioned by enforcement of Laws and written notice has been given to Owner and Contractor Regulations, water damage, (other than caused by flood) and to each other additional insured identified in the and such other perils or causes of loss as may be specifi- Supplementary Conditions to whom a certificate of cally required by the Supplementary Conditions; insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 3. include expenses incurred in the repair or Paragraph 5.03 will so provide); replacement of any insured property (including but not limited to fees and charges of engineers and architects); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 4. cover materials and equipment stored at the correcting, removing, or replacing defective Work in Site or at another location that was agreed to in writing by accordance with Paragraph 13.07;and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7. with respect to completed operations insur- an Application for Payment recommended by Engineer; ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after 5. allow for partial utilization of the Work by final payment. Owner; a. Contractor shall furnish Owner and each other 6.include testing and startup;and additional insured identified in the Supple- mentary Conditions, to whom a certificate of 7. be maintained in effect until final payment is insurance has been issued, evidence satisfactory made unless otherwise agreed to in writing by Owner, to Owner and any such additional insured of Contractor, and Engineer with 30 days written notice to 111 continuation of such insurance at final payment each other additional insured to whom a certificate of and one year thereafter. insurance has been issued. 5.05 Owner's Liability Insurance B. Owner shall purchase and maintain such boiler and machinery insurance or additional property A. In addition to the insurance required to be insurance as may be required by the Supplementary provided by Contractor under Paragraph 5.04, Owner, at Conditions or Laws and Regulations which will include Owner's option, may purchase and maintain at Owner's the interests of Owner, Contractor, Subcontractors, and expense Owner's own liability insurance as will protect Engineer, and any other individuals or entities identified Owner against claims which may arise from operations in the Supplementary Conditions, and the officers, under the Contract Documents. directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is 5.06 Property Insurance deemed to have an insurable interest and shall be listed as an insured or additional insured. A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain C. All the policies of insurance (and the certifi- property insurance upon the Work at the Site in the cates or other evidence thereof)required to be purchased amount of the full replacement cost thereof (subject to and maintained in accordance with Paragraph 5.06 will such deductible amounts as may be provided in the contain a provision or endorsement that the coverage Supplementary Conditions or required by Laws and afforded will not be canceled or materially changed or Regulations).This insurance shall: renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other 1. include the interests of Owner, Contractor, additional insured to whom a certificate of insurance has Subcontractors, and Engineer, and any other individuals been issued and will contain waiver provisions in accor- or entities identified in the Supplementary Conditions, dance with Paragraph 5.07. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, D. Owner shall not be responsible for purchasing each of whom is deemed to have an insurable interest and and maintaining any property insurance specified in this shall be listed as an insured or additional insured; Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 1 I deductible amounts that are identified in the Supple- 1. loss due to business interruption, loss of use, I mentary Conditions. The risk of loss within such or other consequential loss extending beyond direct identified deductible amount will be borne by Contractor, physical loss or damage to Owner's property or the Work Subcontractors, or others suffering any such loss, and if caused by, arising out of, or resulting from fire or other I any of them wishes property insurance coverage within perils whether or not insured by Owner;and the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from I E. If Contractor requests in writing that other fire or other insured peril or cause of loss covered by any special insurance be included in the property insurance property insurance maintained on the completed Project policies provided under Paragraph 5.06, Owner shall, if or part thereof by Owner during partial utilization possible,include such insurance, and the cost thereof will pursuant to Paragraph 14.05,after Substantial Completion I be charged to Contractor by appropriate Change Order. pursuant to Paragraph 14.04, or after final payment Prior to commencement of the Work at the Site, Owner pursuant to Paragraph 14.07. II shall in writing advise Contractor whether or not such other insurance has been procured by Owner. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred g Y g q I 5.07 Waiver of Rights to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, I 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, other individuals or entities identified in the Supple- agents, consultants and subcontractors of each and any of I mentary Conditions'to be listed as insureds or additional them. insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of 5.08 Receipt and Application of Insurance Proceeds I them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes A. Any insured loss under the policies of of loss covered thereby. All such policies shall contain insurance required by Paragraph 5.06 will be adjusted provisions to the effect that in the event of payment of with Owner and made payable to Owner as fiduciary for I I any loss or damage the insurers will have no rights of the insureds, as their interests may appear, subject to the recovery against any of the insureds or additional insureds requirements of any applicable mortgage clause and of thereunder. Owner and Contractor waive all rights against Paragraph 5.08.B. Owner shall deposit in a separate each other and their respective officers, directors, account any money so received and shall distribute it in I partners, employees, agents, consultants and accordance with such agreement as the parties in interest subcontractors of each and any of them for all losses and may reach. If no other special agreement is reached, the damages caused by,arising out of or resulting from any of damaged Work shall be repaired or replaced, the moneys I the perils or causes of loss covered by such policies and so received applied on account thereof,and the Work and any other property insurance applicable to the Work; and, the cost thereof covered by an appropriate Change Order. in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities B. Owner as fiduciary shall have power to adjust I identified in the Supplementary Conditions to be listed as and settle any loss with the insurers unless one of the insured or additional insured (and the officers, directors, parties in interest shall object in writing within 15 days partners, employees, agents, consultants and after the occurrence of loss to Owner's exercise of this subcontractors of each and any of them) under such power. If such objection be made, Owner as fiduciary I policies for losses and damages so caused. None of the shall make settlement with the insurers in accordance with above waivers shall extend to the rights that any party such agreement as the parties in interest may reach. If no making such waiver may have to the proceeds of such agreement among the parties in interest is reached, insurance held by Owner as trustee or otherwise payable Owner as fiduciary shall adjust and settle the loss with the under any policy so issued. insurers and, if required in writing by any party in YP Y q g interest,Owner as fiduciary shall give bond for the proper B. Owner waives all rights against Contractor, performance of such duties. I Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and 5.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace I 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. I00700-17 I Documents, the objecting party shall so notify the other received from the superintendent shall be binding on party in writing within 10 days after receipt of the Contractor. certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each 6.02 Labor; Working Hours provide to the other such additional information in respect of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably request. If either party does not purchase or maintain all qualified personnel to survey and lay out the Work and of the bonds and insurance required of such party by the perform construction as required by the Contract Docu- Contract Documents, such party shall notify the other ments. Contractor shall at all times maintain good disci- party in writing of such failure to purchase prior to the pline and order at the Site. start of the Work, or of such failure to maintain prior to any change in the required coverage.Without prejudice to B. Except as otherwise required for the safety or any other right or remedy, the other party may elect to protection of persons or the Work or property at the Site obtain equivalent bonds or insurance to protect such other or adjacent thereto, and except as otherwise stated in the party's interests at the expense of the party who was Contract Documents, all Work at the Site shall be required to provide such coverage, and a Change Order performed during regular working hours. Contractor will shall be issued to adjust the Contract Price accordingly. not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written 5.10 Partial Utilization, Acknowledgment of Property consent(which will not be unreasonably withheld) given Insurer after prior written notice to Engineer. A.If Owner finds it necessary to occupy or use a 6.03 Services,Materials,and Equipment portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph A. Unless otherwise specified in the Contract 14.05, no such use or occupancy shall commence before Documents, Contractor shall provide and assume full the insurers providing the property insurance pursuant to responsibility for all services,materials,equipment,labor, Paragraph 5.06 have acknowledged notice thereof and in transportation, construction equipment and machinery, writing effected any changes in coverage necessitated tools, appliances, fuel, power, light, heat, telephone, thereby. The insurers providing the property insurance water,sanitary facilities,temporary facilities,and all other shall consent by endorsement on the policy or policies, facilities and incidentals necessary for the performance, but the property insurance shall not be canceled or testing,start-up,and completion of the Work. permitted to lapse on account of any such partial use or occupancy. B. All materials and equipment incorporated into the Work shall be as specified or,if not specified,shall be of good quality and new, except as otherwise provided in ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and A. Contractor shall supervise, inspect,and direct quality of materials and equipment. the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as C. All materials and equipment shall be stored, may be necessary to perform the Work in accordance with applied, installed, connected, erected, protected, used, the Contract Documents. Contractor shall be solely cleaned, and conditioned in accordance with instructions responsible for the means, methods, techniques, of the applicable Supplier, except as otherwise may be sequences, and procedures of construction. Contractor provided in the Contract Documents. shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific 6.04 Progress Schedule means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly A. Contractor shall adhere to the Progress required by the Contract Documents. Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided B. At all times during the progress of the Work, below. Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or 111 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 I I 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 2) it will conform substantially to the proposed adjustments in the Progress Schedule that will detailed requirements of the item named in the not result in changing the Contract Times. Such adjust- Contract Documents. I ments will comply with any 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 I 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 Ia Change Order. proposed substitute item. 6.05 Substitutes and"Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to I A.Whenever an item of material or equipment is determine that the item of material or equipment specified or described in the Contract Documents by proposed is essentially equivalent to that named using the name of a proprietary item or the name of a and an acceptable substitute therefor. Requests particular Supplier, the specification or description is for review of proposed substitute items of I intended to establish the type, function, appearance, and material or equipment will not be accepted by quality required. Unless the specification or description Engineer from anyone other than Contractor. contains or is followed by words reading that no like, I equivalent, or "or-equal" item or no substitution is c. The requirements for review by Engineer will permitted, other items of material or equipment or be as set forth in Paragraph 6.05.A.2.d, as material or equipment of other Suppliers may be supplemented in the General Requirements and submitted to Engineer for review under the circumstances as Engineer may decide is appropriate under the Idescribed below. 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 of material or equipment that Contractor seeks to sufficiently similar so that no change in related Work will furnish or use.The application: be required, it may be considered by Engineer as an I "or-equal"item,in which case review and approval of the 1) shall certify that the proposed substi proposed item may, in Engineer's sole discretion, be tute item will: accomplished without compliance with some or all of the requirements for approval of proposed substitute items. a)perform adequately the functions and I For the purposes of this Paragraph 6.05.A.1, a proposed achieve the results called for by the item of material or equipment will be considered general design, functionally equal to an item so named if: b) be similar in substance to that I a. in the exercise of reasonable judgment specified,and Engineer determines that: c) be suited to the same use as that I 1) it is at least equal in materials of specified; construction, quality, durability, appearance, strength,and design characteristics; 2)will state: I 2) it will reliably perform at least a)the extent,if any,to which the use of equally well the function and achieve the results the proposed substitute item will preju- imposed by the design concept of the completed dice Contractor's achievement of Project as a functioning whole, Substantial Completion on time; 3)it has a proven record of performance b) whether or not use of the proposed and availability of responsive service;and substitute item in the Work will require I a change in any of the Contract Docu- b. Contractor certifies that, if approved and ments (or in the provisions of any other incorporated into the Work: direct contract with Owner for other work on the Project)to adapt the design I 1) there will be no increase in cost to to the proposed substitute item;and the Owner or increase in Contract Times,and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 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- services; tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 4) and shall contain an itemized esti- 6.06.B), whether initially or as a replacement, against mate of all costs or credits that will result whom Owner may have reasonable objection. Contractor directly or indirectly from use of such substitute shall not be required to employ any Subcontractor, item, including costs of redesign and claims of Supplier, or other individual or entity to furnish or other contractors affected by any resulting perform any of the Work against whom Contractor has change, reasonable objection. B. Substitute Construction Methods or Proce- B. If the Supplementary Conditions require the dures: If a specific means, method, technique, sequence, identity of certain Subcontractors, Suppliers, or other or procedure of construction is expressly required by the individuals or entities to be submitted to Owner in Contract Documents, Contractor may furnish or utilize a advance for acceptance by Owner by a specified date substitute means, method, technique, sequence, or prior to the Effective Date of the Agreement, and if procedure of construction approved by Engineer. Contractor has submitted a list thereof in accordance with Contractor shall submit sufficient information to allow the Supplementary Conditions, Owner's acceptance Engineer, in Engineer's sole discretion, to determine that (either in writing or by failing to make written objection the substitute proposed is equivalent to that expressly thereto by the date indicated for acceptance or objection called for by the Contract Documents. The requirements in the Bidding Documents or the Contract Documents)of for review by Engineer will be similar to those provided any such Subcontractor, Supplier, or other individual or in Paragraph 6.05.A.2. entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall C. Engineer's Evaluation: Engineer will be submit an acceptable replacement for the rejected allowed a reasonable time within which to evaluate each Subcontractor, Supplier, or other individual or entity, and proposal or submittal made pursuant to Paragraphs 6.05.A the Contract Price will be adjusted by the difference in the and 6.05.B. Engineer may require Contractor to furnish cost occasioned by such replacement, and an appropriate additional data about the proposed substitute item. Change Order will be issued.No acceptance by Owner of Engineer will be the sole judge of acceptability. No "or any such Subcontractor, Supplier, or other individual or equal" or substitute will be ordered, installed or utilized entity,whether initially or as a replacement, shall consti- until Engineer's review is complete, which will be tate a waiver of any right of Owner or Engineer to reject 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 determination. and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or D. Special Guarantee: Owner may require entities performing or furnishing any of the Work just as Contractor to furnish at Contractor's expense a special Contractor is responsible for Contractor's own acts and performance guarantee or other surety with respect to any omissions.Nothing in the Contract Documents: substitute. 1. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer entity,nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 I I or entity except as may otherwise be required by Laws B. To the fullest extent permitted by Laws and and Regulations. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer,and the officers,directors, D. Contractor shall be solely responsible for partners, employees, agents, consultants and I 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 furnishing any of the Work under a direct or indirect limited to all fees and charges of engineers, architects, contract with Contractor. attorneys, and other professionals and all court or I arbitration or other dispute resolution costs)arising out of 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 I 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- e tions and the identifications of any Drawings shall not 6.08 Permits 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 I all construction permits and licenses. Owner shall assist 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 I 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 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 I Owner and Engineer. Whenever any such agreement is owners for connections for providing permanent service 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- I individuals or entities identified in the Supplementary ble to the performance of the Work. Except where Conditions to be listed as insureds or additional insureds otherwise expressly required by applicable Laws and (and the officers, directors, partners, employees, agents, Regulations, neither Owner nor Engineer shall be consultants and subcontractors of each and any of them) responsible for monitoring Contractor's compliance with 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 I professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and I royalties and assume all costs incident to the use in the Drawings are in accordance with Laws and Regulations, performance of the Work or the incorporation in the Work but this shall not relieve Contractor of Contractor's of any invention, design, process, product, or device obligations under Paragraph 3.03. which is the subject of patent rights or copyrights held by others. If a particular invention, design, process,product, C.Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids)having an effect on I knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any I 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. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-21 I 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 corn- 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 I I ings or Specifications 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 complete with respect to quantities, dimensions, them, or anyone for whose acts any of them may be specified performance and design criteria, liable,and not attributable,directly or indirectly,in whole materials, and similar data to show Engineer the I or in part, to the fault or negligence of Contractor or any services, materials, and equipment Contractor Subcontractor, Supplier, or other individual or entity proposes to provide and to enable Engineer to directly or indirectly employed by any of them). review the information for the limited purposes required by Paragraph 6.17.D. ID. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until 2. Samples: Contractor shall also submit such time as all the Work is completed and Engineer has Samples to Engineer for review and approval in accor- issued a notice to Owner and Contractor in accordance dance with the acceptable schedule of Shop Drawings and I 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 I Specifications. 6.14 Safety Representative b. Clearly identify each Sample as to material, A. Contractor shall designate a qualified and Supplier,pertinent data such as catalog numbers, experienced safety representative at the Site whose duties the use for which intended and other data as and responsibilities shall be the prevention of accidents Engineer may require to enable Engineer to and the maintaining and supervising of safety precautions review the submittal for the limited purposes I and programs. required by Paragraph 6.17.D. 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 nating any exchange of material safety data sheets or and approval of the pertinent submittal will be at the sole other hazard communication information required to be expense and responsibility of Contractor. made available to or exchanged between or among I employers at the Site in accordance with Laws or C. Submittal Procedures Regulations. 1. Before submitting each Shop Drawing or I 6.16 Emergencies Sample,Contractor shall have determined and verified: A. In emergencies affecting the safety or protec- a.all field measurements,quantities,dimensions, tion of persons or the Work or property at the Site or specified performance and design criteria, I adjacent thereto, Contractor is obligated to act to prevent installation requirements, materials, catalog threatened damage, injury, or loss. Contractor shall give numbers, and similar information with respect Engineer prompt written notice if Contractor believes that thereto; any significant changes in the Work or variations from the I Contract Documents have been caused thereby or are b. the suitability of all materials with respect to required as a result thereof. If Engineer determines that a intended use, fabrication, shipping, handling, change in the Contract Documents is required because of storage, assembly, and installation pertaining to the action taken by Contractor in response to such an the performance of the Work; I emergency, a Work Change Directive or Change Order will be issued. c. all information relative to Contractor's responsibilities for means, methods, techniques, I 6.17 Shop Drawings and Samples sequences, and procedures of construction, and safety precautions and programs incident thereto; A. Contractor shall submit Shop Drawings and and Samples to Engineer for review and approval in accor- I dance with the acceptable Schedule of Submittals (as d. shall also have reviewed and coordinated each required by Paragraph 2.07). Each submittal will be Shop Drawing or Sample with other Shop identified as Engineer may require. Drawings and Samples and with the I 1, Shop Drawings requirements of the Work and the Contract Documents. a. Submit number of copies specified in the 2. Each submittal shall bear a stamp or specific General Requirements. written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-23 I with respect to Contractor's review and approval of that disagreements with Owner.No Work shall be delayed or submittal. postponed pending resolution of any disputes or disagreements,except as permitted by Paragraph 15.04 or 3. With each submittal, Contractor shall give as Owner and Contractor may otherwise agree in writing. Engineer specific written notice of any variations,that the Shop Drawing or Sample may have from the requirements 6.19 Contractor's General Warranty and Guarantee of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's A. Contractor warrants and guarantees to Owner or Sample Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract notation made on each Shop Drawing or Sample submit- Documents and will not be defective. Engineer and its ted to Engineer for review and approval of each such Related Entities shall be entitled to rely on representation variation. of Contractor's warranty and guarantee. D.Engineer's Review B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule 1. abuse, modification, or improper maintenance of Submittals acceptable to Engineer. Engineer's review or operation by persons other than Contractor, Sub- and approval will be only to determine if the items contractors,Suppliers,or any other individual or entity for covered by the submittals will, after installation or whom Contractor is responsible;or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with 2.normal wear and tear under normal usage. the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- C. Contractor's obligation to perform and means. complete the Work in accordance with the Contract Documents shall be absolute. None of the following will 2. Engineer's review and approval will not constitute an acceptance of Work that is not in accordance extend to means, methods, techniques, sequences, or with the Contract Documents or a release of Contractor's procedures of construction (except where a particular obligation to perform the Work in accordance with the means,method,technique,sequence,or procedure of con- Contract Documents: struction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs 1.observations by Engineer; incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in 2. recommendation by Engineer or payment by which the item functions. Owner of any progress or final payment; 3. Engineer's review and approval shall not 3. the issuance of a certificate of Substantial relieve Contractor from responsibility for any variation Completion by Engineer or any payment related thereto from the requirements of the Contract Documents unless by Owner; Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written 4. use or occupancy of the Work or any part approval of each such variation by specific written thereof by Owner; notation thereof incorporated in or accompanying the Shop Drawing or Sample.Engineer's review and approval 5.any review and approval of a Shop Drawing or shall not relieve Contractor from responsibility for Sample submittal or the issuance of a notice of acceptabil- complying with the requirements of Paragraph 6.17.C.1. ity by Engineer; E.Resubmittal Procedures 6.any inspection,test,or approval by others;or 1. Contractor shall make corrections required by 7.any correction of defective Work by Owner. Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, 6.20 Indemnification new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than A. To the fullest extent permitted by Laws and the corrections called for by Engineer on previous Regulations, Contractor shall indemnify and hold submittals. harmless Owner and Engineer,and the officers,directors, partners, employees, agents, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A.Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 I 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 any such claim, cost, loss, or damage is attributable to prepared by such professional. Shop Drawings and other bodily injury,sickness,disease,or death,or to injury to or submittals related to the Work designed or certified by I 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 only to the extent caused by any negligent act or omission Engineer. of Contractor, any Subcontractor, any Supplier, or any II individual or entity directly or indirectly employed by any C. Owner and Engineer shall be entitled to rely 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 I ordesign professionals, provided Owner and Engineer have B. In any and all claims against Owner or specified to Contractor all performance and design criteria Engineer 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 employee) of Contractor, any Subcontractor, any review and approval of design calculations and design Supplier, or any individual or entity directly or indirectly drawings will be only for the limited purpose of checking employed by any of them to perform any of the Work, or for conformance with performance and design criteria 1 anyone for whose acts any of them may be liable, the indemnification given and the design concept expressed in the Contract fication obligation under Paragraph 6.20.A shall Documents. Engineer's review and approval of Shop not be limited in any way by any limitation on the amount Drawings and other submittals(except design calculations or type of damages,compensation,or benefits payable by and design drawings) will be only for the purpose stated or for Contractor or any such Subcontractor, Supplier, or in Paragraph 6.17.D.I. other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit E. Contractor shall not be responsible for the I acts. adequacy of the performance or design criteria required by the Contract Documents. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of I Engineer and Engineer's officers, directors, partners, ARTICLE 7-OTHER WORK AT THE SITE employees, agents, consultants and subcontractors arising out of: 7.01 Related Work at Site I 1.the preparation or approval of,or the failure to prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the surveys,Change Orders,designs,or Specifications;or Project at the Site with Owner's employees, or via other direct contracts therefor,or have other work performed by 2. giving directions or instructions, or failing to utility owners. If such other work is not noted in the Con- give them, if that is the primary cause of the injury or tract Documents,then: damage. I 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contractor prior to starting any such other work;and A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree professional design services unless such services are on entitlement to or on the amount or extent, if any, of specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work, a 1 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 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 I 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. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 I properly integrate with such other work. Contractor shall ARTICLE 8-OWNER'S RESPONSIBILITIES 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 failure to so report will constitute an acceptance of such other work as fit and proper for integration with A. Owner shall promptly furnish the data Contractor's Work except for latent defects and required of Owner under the Contract Documents. deficiencies in such other work. 8.04 Pay When Due 7.02 Coordination A. Owner shall make payments to Contractor A. If Owner intends to contract with others for when they are due as provided in Paragraphs 14.02.0 and the performance of other work on the Project at the Site, 14.07.C. the following will be set forth in Supplementary Condi- tions: 8.05 Lands and Easements;Reports and Tests 1. the individual or entity who will have A. Owner's duties in respect of providing lands authority and responsibility for coordination of the and easements and providing engineering surveys to activities among the various contractors will be identified; establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying 2. the specific matters to be covered by such and making available to Contractor copies of reports of authority and responsibility will be itemized;and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing 3. the extent of such authority and responsibili- surface or subsurface structures at or contiguous to the ties will be provided. Site that have been utilized by Engineer in preparing the Contract Documents. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole 8.06 Insurance authority and responsibility for such coordination. A. Owner's responsibilities, if any, in respect to 7.03 Legal Relationships purchasing and maintaining liability and property insur- ance are set forth in Article 5. 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 I $ 8.09 Limitations on Owner's Responsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. A.The Owner shall not supervise,direct,or have control or authority over, nor be responsible for, B. Engineer's visits and observations are subject I 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 programs incident thereto,or for any failure of Contractor without limitation, during or as a result of Engineer's comply with Laws and Regulations applicable to the visits or observations of Contractor's Work Engineer will Ito performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in not supervise,direct,control,or have authority over or be responsible for Contractor's means, methods, techniques, accordance with the Contract Documents. sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any I 8.10 Undisclosed Hazardous Environmental failure of Contractor to comply with Laws and Condition Regulations applicable to the performance of the Work. I A. Owner's responsibility in respect to an undis- 9.03 Project Representative closed Hazardous Environmental Condition is set forth in Paragraph 4.06. A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist 8.11 Evidence of Financial Arrangements Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such A. If and to the extent Owner has agreed to Resident Project Representative and assistants will be as I furnish Contractor reasonable evidence that financial provided in the Supplementary Conditions, and 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 9.04 Authorized Variations in Work 9.01 Owner's Representative A. Engineer may authorize minor variations in 1 the Work from the requirements of the Contract A. Engineer will be Owner's representative Documents which do not involve an adjustment in the during the construction period. The duties and responsi- Contract Price or the Contract Times and are compatible bilities and the limitations of authority of Engineer as with the design concept of the completed Project as a I, Owner's representative during construction are set forth functioning whole as indicated by the Contract Docu- in the Contract Documents and will not be changed ments. These may be accomplished by a Field Order and I without written consent of Owner and Engineer. will be binding on Owner and also on Contractor, who 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 I A. Engineer will make visits to the Site at inter- both, and the parties are unable to agree on entitlement to 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, I 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 I 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. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-27 I partiality to Owner or Contractor and will not be liable in 9.06 Shop Drawings, Change Orders and Payments connection with any interpretation or decision rendered in good faith in such capacity. A. In connection with Engineer's authority, and limitations thereof,as to Shop Drawings and Samples,see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities B. In connection with Engineer's authority, and A. Neither Engineer's authority or responsibility limitations thereof, as to design calculations and design under this Article 9 or under any other provision of the drawings submitted in response to a delegation of Contract Documents nor any decision made by Engineer professional design services,if any,see Paragraph 6.21. in good faith either to exercise or not exercise such authority or responsibility or the undertaking,exercise, or C. In connection with Engineer's authority as to performance of any authority or responsibility by Change Orders,see Articles 10, 11,and 12. Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other Applications for Payment,see Article 14. individual or entity, or to any surety for or employee or agent of any of them. 9.07 Determinations for Unit Price Work B. Engineer will not supervise,direct,control,or II 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 it 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 recommendation of an Application for Payment or performance of the Work. Engineer will not be respon- otherwise). Engineer's written decision thereon will be Bible 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 A 9.08 Decisions on Requirements of Contract any of the Work. Documents and Acceptability of Work D. Engineer's review of the final Application for A. Engineer will be the initial interpreter of the Payment and accompanying documentation and all requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, acceptability of the Work thereunder. All matters in guarantees, bonds, certificates of inspection, tests and question and other matters between Owner and Contractor approvals, and other documentation required to be I 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, IIIperformance 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. 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 I I 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, 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 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 I Directive, a Claim may be made therefor as provided in or by Laws and Regulations in respect of such Claims. Paragraph 10.05. B. Notice: Written notice stating the general I 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 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 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 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 I 10.03 Execution of Change Orders be prepared in accordance with the provisions of Paragraph 12.01.B.A Claim for an adjustment in Contract A. Owner and Contractor shall execute appropri- Time shall be prepared in accordance with the provisions ate Change Orders recommended by Engineer covering: of Paragraph 12.02.B. Each Claim shall be accompanied I by claimant's written statement that the adjustment 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 I 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 Paragraph 13.09,or(iii)agreed to by the parties; last submittal(unless Engineer allows additional time). I 2. changes in the Contract Price or Contract C.Engineer's Action: Engineer will review each Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or the last submittal of the performed in accordance with a Work Change Directive; opposing party, if any, take one of the following actions 1 and in writing: 3. changes in the Contract Price or Contract 1.deny the Claim in whole or in part, I Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 2.approve the Claim,or 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such 3.notify the parties that the Engineer is unable to I decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate for the Engineer to do so. For during any such appeal, Contractor shall carry on the purposes of further resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be deemed a denial. $ Paragraph 6.18.A. D.In the event that Engineer does not take action 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be I deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or S 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. illany such change. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 I F. No Claim for an adjustment in Contract Price Contractor and shall deliver such bids to Owner,who will or Contract Times will be valid if not submitted in then determine, with the advice of Engineer, which bids, accordance with this Paragraph 10.05. if any,will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work 2 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 III means the sum of all costs, except those excluded in services specifically related to the Work. Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When 5. Supplemental costs including the following: the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is a. The proportion of necessary transportation, determined on the basis of Cost of the Work,the costs to travel, and subsistence expenses of Contractor's 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. 1 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 C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 I I 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 1 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 I 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 I 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. I B. Costs Excluded: The term Cost of the Work B.Cash Allowances shall not include any of the following items: 1.Contractor agrees that: 1. Payroll costs and other compensation of I Contractor's officers, executives, principals (of a. the cash allowances include the cost to partnerships and sole proprietorships), general managers, Contractor (less any applicable trade discounts) safety managers, engineers, architects, estimators, attor- of materials and equipment required by the I neys, auditors, accountants, purchasing and contracting allowances to be delivered at the Site, and all 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 I administration of the Work and not specifically included on the Site, labor, installation , overhead, profit, in the agreed upon schedule of job classifications referred and other expenses contemplated for the cash to in Paragraph 11.01.A.I or specifically covered by allowances have been included in the Contract Paragraph 11.01.A.4, all of which are to be considered Price and not in the allowances, and no demand I administrative costs covered by the Contractor's fee. for additional payment on account of any of the foregoing will be valid. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. C.Contingency Allowance I3. Any part of Contractor's capital expenses, 1. Contractor agrees that a contingency including interest on Contractor's capital employed for allowance, if any, is for the sole use of Owner to cover I the Work and charges against Contractor for delinquent unanticipated costs. payments. D. Prior to final payment,an appropriate Change 4. Costs due to the negligence of Contractor,any Order will be issued as recommended by Engineer to ISubcontractor, or anyone directly or indirectly employed reflect actual amounts due Contractor on account of Work by any of them or for whose acts any of them may be 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 1 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work,initially any kind and the costs of any item not specifically 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 a 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. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 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 by such Subcontractor under Paragraphs ARTICLE 12 - CHANGE OF CONTRACT PRICE; 11.01.A.1 and 11.01.A.2 and that any higher tier 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.O1.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 tion of such unit prices to the quantities of the items of the net change in accordance with Paragraphs involved (subject to the provisions of Paragraph 11.03); 12.01.C.2.a through 12.01.C.2.e,inclusive. or 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 I I by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF I B. Any adjustment of the Contract Times DEFECTIVE WORK covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 13.01 Notice of Defects 1 12.03 Delays A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to I 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. 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 I the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the A. Owner, Engineer, their consultants and other control of Contractor shall include, but not be limited to, representatives and personnel of Owner, independent acts or neglect by Owner,acts or neglect of utility owners testing laboratories, and governmental agencies with I or other contractors performing other work as contemplat- ed jurisdictional interests will have access to the Site and the by Article 7, fires, floods, epidemics, abnormal Work at reasonable times for their observation, weather conditions,or acts of God. inspecting, and testing. Contractor shall provide them I proper and safe conditions for such access and advise 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 I responsible, delays, disrupts, or interferes with the 13.03 Tests and Inspections performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract A. Contractor shall give Engineer timely notice I 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 I shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. 3. as otherwise specifically provided in the Con- tract Documents. D. Owner, Engineer and the Related Entities of I each of them shall not be liable to Contractor for any C. If Laws or Regulations of any public body claims, costs, losses, or damages (including but not having jurisdiction require any Work (or part thereof) limited to all fees and charges of Engineers, architects, specifically to be inspected, tested, or approved by an I attorneys, and other professionals and all court or employee or other representative of such public body, arbitration or other dispute resolution costs) sustained by Contractor shall assume full responsibility for arranging Contractor on or in connection with any other project or and obtaining such inspections,tests,or approvals,pay all 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. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-33 I be incorporated in the Work; or acceptance of materials, A. If the Work is defective,or Contractor fails to mix designs,or equipment submitted for approval prior to supply sufficient skilled workers or suitable materials or Contractor's purchase thereof for incorporation in the equipment, or fails to perform the Work in such a way 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 I 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 I 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 iiContractor'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 III 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 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 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 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 i 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 I i B. If Contractor does not promptly comply with 13.09 Owner May Correct Defective Work the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss A. If Contractor fails within a reasonable time or damage, Owner may have the defective Work after written notice from Engineer to correct defective I corrected or repaired or may have the rejected Work re Work or to remove and replace rejected Work as required moved and replaced. All claims, costs, losses, and by Engineer in accordance with Paragraph 13.06.A, or if 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 Owner may,after seven days written notice to Contractor, or such removal and replacement (including but not correct or remedy any such deficiency. it limited to all costs of repair or replacement of work of others)will be paid by Contractor. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. C. In special circumstances where a particular In connection with such corrective or remedial action, I 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 Site, take possession of all or part of the Work and period for that item may start to run from an earlier date if 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 Work resulting therefrom)has been corrected or removed for which Owner has paid Contractor but which are stored 1 and replaced under this Paragraph 13.07, the correction elsewhere. Contractor shall allow Owner, Owner's 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 Isatisfactorily 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. (including but not limited to all fees and charges of 1 The provisions of this Paragraph 13.07 shall not be engineers, architects, attorneys, and other professionals construed as a substitute for or a waiver of the provisions and all court or arbitration or other dispute resolution of any applicable statute of limitation or repose. costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be 13.08 Acceptance of Defective Work charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the A. If, instead of requiring correction or removal Contract Documents with respect to the Work;and Owner I and replacement of defective Work, Owner(and,prior to Engineer's recommendation of final payment, Engineer) shall be entitled to an appropriate decrease in the Contract Price.If the parties are unable to agree as to the amount of prefers to accept it, Owner may do so. Contractor shall the adjustment, Owner may make a Claim therefor as pay all claims, costs, losses, and damages (including but provided in Paragraph 10.05. Such claims, costs, losses I not limited to all fees and charges of engineers,architects, and damages will include but not be limited to all costs of attorneys, and other professionals and all court or repair, or replacement of work of others destroyed or arbitration or other dispute resolution costs)attributable to damaged by correction, removal, or replacement of Owner's evaluation of and determination to accept such Contractor's defective Work. defective Work(such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work D. Contractor shall not be allowed an extension 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 1 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. 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. I00700-35 f 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 111 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 4. Neither Engineer's review of Contractor's account to discharge Contractor's legitimate obligations Work for the purposes of recommending payments nor associated with prior Applications for Payment. Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: 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 I I inspections or tests, revise or revoke any such payment 3. If it is subsequently determined that Owner's recommendation previously made, to such extent as may refusal of payment was not justified, the amount be necessary in Engineer's opinion to protect Owner from wrongfully withheld shall be treated as an amount due as loss because: determined by Paragraph 14.02.C.1. a. the Work is defective,or completed Work has 14.03 Contractor's Warranty of Title been damaged, requiring correction or replace- ' ment; A. Contractor warrants and guarantees that title II to all Work, materials, and equipment covered by any b. the Contract Price has been reduced by Application for Payment, whether incorporated in the Change Orders; Project or not,will pass to Owner no later than the time of I payment free and clear of all Liens. c. Owner has been required to correct defective Work or complete Work in accordance with 14.04 Substantial Completion Paragraph 13.09;or A. When Contractor considers the entire Work 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 Paragraph 15.02.A. substantially complete(except for items specifically listed I by Contractor as incomplete) and request that Engineer C.Payment Becomes Due issue a certificate of Substantial Completion. I 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 I paid by Owner to Contractor. substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. D.Reduction in Payment C. If Engineer considers the Work substantially 111 1. Owner may refuse to make payment of the full complete, Engineer will deliver to Owner a tentative amount recommended by Engineer because: certificate of Substantial Completion which shall fix the date of Substantial Completion.There shall be attached to I a. claims have been made against Owner on the certificate a tentative list of items to be completed or account of Contractor's performance or furnish corrected before final payment. Owner shall have seven ing of the Work; days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions I b. Liens have been filed in connection with the Work, except where Contractor has delivered a of the certificate or attached list. If,after considering such 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 I Contractor in writing,stating the reasons therefor. If,after c. there are other items entitling Owner to a consideration of Owner's objections, Engineer considers set-off against the amount recommended;or the Work substantially complete, Engineer will within I 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- 14.02.B.5.a through 14.02.B.5.c or Paragraph ed) reflecting such changes from the tentative certificate I 15.02.A. as Engineer believes justified after consideration of any objections from Owner. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative IContractor immediate written notice (with a copy to certificate of Substantial Completion, Engineer will Engineer)stating the reasons for such action and promptly deliver to Owner and Contractor a written recommen- pay Contractor any amount remaining after deduction of dation as to division of responsibilities pending final I the amount so withheld. Owner shall promptly pay payment between Owner and Contractor with respect to Contractor the amount so withheld, or any adjustment security, operation, safety, and protection of the Work, thereto agreed to by Owner and Contractor, when maintenance,heat,utilities,insurance,and warranties and Contractor corrects to Owner's satisfaction the reasons for guarantees.Unless Owner and Contractor agree otherwise I such action. in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-37 I 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 14.07 Final Payment Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. A.Application for Payment 14.05 Partial Utilization 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections 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, II identified in the Contract Documents, or which Owner, certificates or other evidence of insurance certificates of Engineer, and Contractor agree constitutes a separately inspection, marked-up record documents (as provided in functioning and usable part of the Work that can be used Paragraph 6.12), and other documents, Contractor may by Owner for its intended purpose without significant make application for final payment following the interference with Contractor's performance of the procedure for progress payments. remainder of the Work, subject to the following condi- tions. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of a. all documentation called for in the Contract the Work which Owner believes to be ready for its Documents, including but not limited to the intended use and substantially complete. If and when evidence of insurance required by Paragraph Contractor agrees that such part of the Work is 5.04.B.7; substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially b.consent of the surety,if any,to final payment; complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. c. a list of all Claims against Owner that Contractor believes are unsettled;and 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such d. complete and legally effective releases or part of the Work ready for its intended use and substan- waivers(satisfactory to Owner)of all Lien rights tially complete and request Engineer to issue a certificate arising out of or Liens filed in connection with of Substantial Completion for that part of the Work. the Work. 3. Within a reasonable time after either such 3. In lieu of the releases or waivers of Liens request, Owner, Contractor, and Engineer shall make an specified in Paragraph 14.07.A.2 and as approved by inspection of that part of the Work to determine its status Owner,Contractor may furnish receipts or releases in full of completion. If Engineer does not consider that part of and an affidavit of Contractor that: (i) the releases and the Work to be substantially complete, Engineer will receipts include all labor, services, material, and notify Owner and Contractor in writing giving the reasons equipment for which a Lien could be filed; and (ii) all therefor. If Engineer considers that part of the Work to be payrolls, material and equipment bills, and other substantially complete,the provisions of Paragraph 14.04 indebtedness connected with the Work for which Owner will apply with respect to certification of Substantial or Owner's property might in any way be responsible have Completion of that part of the Work and the division of been paid or otherwise satisfied. If any Subcontractor or responsibility in respect thereof and access thereto. Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral 4.No use or occupancy or separate operation of satisfactory to Owner to indemnify Owner against any part of the Work may occur prior to compliance with the Lien. requirements of Paragraph 5.10 regarding property insurance. B. Engineer's Review of Application and Acceptance 14.06 Final Inspection 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 I 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 I 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 I return the Application for Payment to Contractor, indicat- 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 I Payment. not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which C.Payment Becomes Due Work will be resumed. Contractor shall resume the Work Ion the date so fixed.Contractor shall be granted an adjust- 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 I any sum Owner is entitled to set off against Engineer's provided in Paragraph 10.05. recommendation, including but not limited to liquidated damages,will become due and,will be paid by Owner to 15.02 Owner May Terminate for Cause I Contractor. A. The occurrence of any one or more of the 14.08 Final Completion Delayed following events will justify termination for cause: I A. If, through no fault of Contractor, final completion of the Work is significantly 1. Contractor's persistent failure to perform the ficantly 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 I fully completed and accepted) and recommendation of failure to adhere to the Progress Schedule established Engineer, and without terminating the Contract, make under Paragraph 2.07 as adjusted from time to time payment of the balance due for that portion of the Work pursuant to Paragraph 6.04); fully completed and accepted. If the remaining balance to I be held by Owner for Work not fully completed or 2. Contractor's disregard of Laws or Regulations corrected is less than the retainage stipulated in the of any public body having jurisdiction; Agreement, and if bonds have been furnished as required I in Paragraph 5.01, the written consent of the surety to the 3. Contractor's disregard of the authority of payment of the balance due for that portion of the Work Engineer;or fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such 4. Contractor's violation in any substantial way I payment. Such payment shall be made under the terms of any provisions of the Contract Documents. and conditions governing final payment, except that it shall not constitute a waiver of Claims. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving I 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 I 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 I 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 I guarantees specified therein, or from Contractor's 2. incorporate in the Work all materials and continuing obligations under the Contract Documents; equipment stored at the Site or for which Owner has paid and Contractor but which are stored elsewhere,and I 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. 1 00700-39 3. complete the Work as Owner may deem 2. expenses sustained prior to the effective date 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 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 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 shall supersede the provisions of Paragraphs I5.02.B, and within 30 days after it is submitted, or Owner has failed I5.02.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 from making a 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. 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 I governed by the Construction Industry Mediation Rules 2. delivered at or sent by registered or certified mail, pos of the American Arbitration Association in effect as of the postage prepaid, to the last business address known Effective Date of the Agreement. The request for to the giver of the notice. mediation shall be submitted in writing to the American I Arbitration Association and the other party to the 17.02 Computation of Times Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. A. When any period of time is referred to in the I 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 concluded within 60 days of filing of the request. The Sunday or on a day made a legal holiday by the law of the I date of termination of the mediation shall be determined by application of the mediation rules referenced above. applicable jurisdiction, such day will be omitted from the computation. C. If the Claim is not resolved by mediation, 17.03 Cumulative Remedies I Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become A. The duties and obligations imposed by these final and binding 30 days after termination of the General Conditions and the rights and remedies available mediation unless, within that time period, Owner or hereunder to the parties hereto are in addition to, and are I Contractor: not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which 1. elects in writing to invoke any dispute are otherwise imposed or available by Laws or Regula- I resolution process provided for in the Supplementary Conditions,or lions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated 2. agrees with the other party to submit the specifically in the Contract Documents in connection with I Claim to another dispute resolution process,or each particular duty, obligation, right, and remedy to 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 I ARTICLE 17-MISCELLANEOUS accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and 17.01 Giving Notice acceptance of the Work or termination or completion of I the Contract or termination of the services of Contractor. A. Whenever any provision of the Contract Documents requires the giving of written notice,it will be 17.05 Controlling Law I deemed to have been validly given if: A. This Contract is to be governed by the law of 1. delivered in person to the individual or to a the state in which the Project is located. member of the firm or to an officer of the corporation for III whom it is intended,or 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts Iof these General Conditions. I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-41 I I SECTION 00 73 05 SUPPLEMENTARY CONDITIONS ' ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 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-2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic(PDF)version of the Contract Documents. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions, and the Bonestroo Plan Room Terms of Use and Limitations on Use. ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing E3CDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such 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 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 $1,000,000 SUPPLEMENTARY CONDITIONS ©2010 Bonestroo 1000055-10168-0 00 73 05-1 I I 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 $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess 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. $1,000,000 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 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 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 I 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 I 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. I SUPPLEMENTARY CONDITIONS 0 2010 Bonestroo 1000055-10168-0 00 73 05-2 I I 1 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 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 10.05.8 by replacing the words"60 days"with the words"30 days." 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 SC-14.02.B5 Add the following new item immediately after Item 14.02.B5d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16- DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. gives to the other party written notice of intent to submit the claim to a court of competent jurisdiction, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.01.D Add the following new paragraph immediately after Paragraph SC-16.01.C: 1 D. Notwithstanding any applicable statue of limitations, a party giving notice under Paragraph SC-16.01.C1 shall commence an action on the claim within 1 year of giving such notice and within the period of any applicable statute of limitation or repose. Failure to do so shall result in the claim being time-barred and Engineer's action or denial shall become final and binding. END OF SECTION SUPPLEMENTARY CONDITIONS ©2010 Bonestroo 1000055-10168-0 00 73 05-3 I I SECTION 00 73 40 FUNDING AGENCY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic requirements set by Funding Agency. 1 2. Contractor and subcontractors to comply with all Funding Agency Requirements. 1.02 PRICE AND PAYMENT PROCEDURE A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and be included in Total Base Bid. 1 1.03 AMERICAN RECOVERY AND REINVESTMENT ACT(ARRA) OF 2009, P.L. 111-5 A. Compliance with ARRA Sections 1605, Buy American, and 1606, Wage Rate Requirements, is mandatory. B. Contractor shall provide any and all information required by the Recovery Act and related to the activities undertaken or materials purchased for completion of this contract. C. The successful quoter shall provide to the City with their DUNS number and any DUNS number for all contractors and subcontractors within 5 days after the project award date. D. All iron, steel, and manufactured goods purchased and used under this contract shall be produced in the United States except as stated below: 1. A request of iron, steel, and/or manufactured good produced in the United States, based on a cumulative cost, will increase the cost of the overall project by more than 25%. Contractor shall include a reasonable survey of the market and a completed cost comparison table in the format to be provided by the City upon request. 2. Iron, steel and/or manufactured goods are not produced in the United States in sufficient and reasonable available quantities and of a satisfactory quality. E. A signed certification will be required from the Contractor prior to Owner execution of Agreement, for all supplies, material, and equipment furnished on this Project to document compliance with the Buy American requirements. Use the Contractor Buy American certification included with this Specification Section. F. If the successful quoter seeks to use foreign iron, steel, and/or manufactured goods, the successful quoter shall first request the City's approval. 1. Any request to use iron, steel, and/or manufactured goods produced outside of the United States shall be made in writing to the City. 2. Written requests shall contain the following information: a. A description of the foreign and domestic iron, steel, and/or manufactured goods. b. Units of measure. c. Quantity. d. Costs for both the foreign and domestic iron, steel, or manufactured goods. FUNDING AGENCY REQUIREMENTS ©2010 Bonestroo 000055-10168-0 00 73 40-1 I I e. Time of delivery or availability for both the foreign and domestic iron, steel, or manufactured goods. f. Location of the project. g. Name and address of the proposed supplier. h. A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods. i. Such other and further information as may be required by the City, or any other State or Federal government entity from whom the City must gain approval prior to the purchase/use of non-domestic iron, steel, or manufactured goods. j. Explanation as to why the successful quoter did not foresee the need to use foreign products. 3. All costs shall include all delivery costs and any applicable duty. I G. A signed certification will be required for all shop drawings and product data submittals for all supplies, material, and equipment furnished on this Project to document compliance with the Buy American requirements. Contractor shall also provide evidence of compliance, including but not limited to, invoicing of all component part numbers and statement of place of assembly or manufacture demonstrating all furnished items meet the Buy American requirements. H. Both State and Federal prevailing wage rates apply to this Project. Payment for labor shall utilize the higher wage rate between State and Federal for all classifications. A copy of the Davis-Bacon Contract Conditions is attached. I. For duration of the Project, complete Weekly Payroll form and Statement of Compliance and submit to Owner. 1.04 DISADVANTAGED BUSINESS ENTERPRISE"GOOD FAITH"DATA SHEET ;I A. Complete data sheet documenting "good faith"effort to utilize Disadvantaged Business Enterprises and submit with Quote Form or submit within specified time of Quote Opening. 1.05 EXECUTIVE ORDER 11246 AND MINNESOTA STATUTE 181.59 A. Complete"Certification of Non-segregated Facilities"and submit to Owner. t B. Complete and post"Notice to Labor Unions or Other Organization of Workers Non-discrimination in Employment." I C. Each month,complete U.S. Department of Labor Monthly Employment Utilization Report and submit to Owner. I 1.06 EXECUTIVE ORDERS 11625 AND 12138 A. Requirements promoting the use of Minority and Women Business Enterprises (M/WBE),and Small Businesses in Rural Areas(SBRA). B. Owner will complete quarterly MBE/WBE Utilization Form. I 1.07 REQUIREMENTS A. Comply with the attached requirements set by the Funding Agency. I I FUNDING AGENCY REQUIREMENTS ©2010 Bonestroo 000055-10168-0 00 73 40-2 I I I PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 LIST OF ATTACHMENTS A. The following documents are incorporated into this Section: 1. American Recovery and Reinvestment Act of 2009/Divisin A/Title XVI. 2. Contractor Buy American Certification. 3. Shop Drawing Buy American Certification. 4. Davis Bacon Contract Conditions. 5. Minnesota State Requirements: Statute 181.59. 6. Notice to Labor Unions or Other Organizations of Workers—Nondiscrimination in Employment. 7. Certification of Non-Segregated Facilities. 8. U.S. Department of Labor Form CC-257, Monthly Employment Utilization Report: a. Instructions for Filling Monthly Employment Utilization Report(CC-257). 9. MBE/WBE Utilization Report, Standard Form 334: a. MBE/WBE Procurements over$10,000 made during Reporting Quarter. b. Instructions MBE/WBE Utilization under Federal Grants. 10. Minnesota Department of Revenue Form SD-E, Exemption from Surety Deposits for Out-of- State Contractors. END OF DOCUMENT I I I I I I I FUNDING AGENCY REQUIREMENTS ©2010 Bonestroo 1 000055-10168-0 00 73 40-3 I I 2.05 MONITORING SYSTEM A. System monitorin g, remote d i ag n os i s, data sto r age and visualization. IB. Indoor, wall mounted unit. C. LED status display. ID. Internal 8 MB memory. E. Capable of communicating over Ethernet network. IF. Capable of networking with supplied inverter. I P 9 PP G. 120V power cord. H. Operating temperature -20C to + 65C II. Integrated web server. J. UL listed. IK. 5 year warranty. L. Manufacturers; SMA Webbox, or approved equal. PP q PART 3 EXECUTION 1 3.01 INSTALLATION A. Equipment shall be installed where shown on the Drawings. Contractor shall verify that the space I allocated in the facility is adequate for the equipment which is furnished. B. Contractor shall install solar panels flush to roof. I C. Penetrations through roof shall be sealed. Provide all sealing components and flashing. Contractor shall repair all leaks caused by penetrations for photovoltaic equipment. D. Penetrations through roof shall be performed in a manner not to void any existing warranties. E. Equipment shall be grounded per NEC requirements. I3.02 SOLAR PANEL FIELD SERVICE A. An authorized service person of the solar panel manufacturer shall check the panels for correct installation and field connections, and shall indicate the preliminary locations of panels before the Iequipment is mounted. END OF SECTION I 1 SOLAR ENERGY COLLECTORS c 2010 Bonestroo 000055-10168-0 481413-3 O 20 nest oo l 000055 10 68 0 I I 0.75"C-COMMUNICATION CABLE MONITORING SYSTEM I - - -_- -=�-_<-_ -_ - _ EXISTINGPANELBOARD�- .. - - INVERTER _ 7 �'',, 0.75"C-2#12,1#12G I �C id 0.75"C-2#12,1#12G k I{/4 i �, MECHANICAL$STORAGE '�� 10� �L 75"C-2#12,1#12G i' '1E INTO EXISTING II CEPTACLE CIRCUIT. I _ ,L :12.7._77-T7-7-77-77.--7.77-777.77.7-7-"-- _ 1 HALL "1 ill ,,/� �p� x103) � ' SIT {-{-'�� EXISTING SERVICE METER I.17:7-_.4 i -; � - i1; { WARMING HOUSE& f 1 ��''1 ACTIVITIES AREA 'I I �� rl'',1-- ��1.b Il 200A METER SOCKET FOR XCEL[fail �I� PRODUCTION METER LOCATED 2'O.C. _- j , j I mg=x/I FROM EXISTING SERVICE METER lit j , It AC DISCONNECT "I JANITOR 1I'ME NS � WOMENS , r (105j 111-137.1 ri05 j ir it 1 �- f p ATTENDANTS �I C l� r L/,l,,{C'' `u�l"l.'I- 1� {+;1 F1021 7 II I I I1 .� I � ENTRY �1�8; {j ''��i 1 REPLACE EXISTING FIXTURE(TYP OF 3) I GENERAL NOTES: I 1. EXISITNG WALL PACK LUMINAIRES(TYP OF 3)SHALL BE REPLACED WITH LUMECON LWP1,LED WALL PACK FIXTURE UNDER ALTERNATE#1.FIXTURE SHALL BE 40-50W,120V,DARK BRONZE,CLEAR GLASS,AND UL LISTED FOR WET LOCATION.HOUSING SHALL BE DIE-CAST ALUMINUM WITH HINGED FULL CUTOFF FRONT FRAME,AND WALL MOUNTED.EXISTING WIRING CIRCUIT SHALL BE USED FOR THE NEW FIXTURES. I I - I I I BREKKE PARK SHELTER LOWER LEVEL ELECTRICAL PLAN I OAK PARK HEIGHTS, MN E301 41 Bonestroo ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT IK:\55\55101680\CAD\DWG\00005510168E301.DWG DATE: 08-20-10 COMM: 000055-10168 L- i I / ,'-===-7===2::Z 17==.i 2:2:2=117.a1:-.::::=.7 7:..a:7=::::1=7=5 rar.1,==::1-27-,=======:17 1==.7 272_I-1::::::=:,==-- ; ` A i I'l ih ��1/I REPLACE EXISTING 1j1 ��;) ��% FIXTURES ILI X11 RESTROOM ': d ljtd I A/B A/6 A/B '"��,,, ,,,,, I II;I;> / :, 11 11 is;i'1 �ti� NB NB NB �� 1 '1 ❑ ❑ ❑ �,„;[1 I (,,, t:''l E 1 A I iGENERAL NOTES: 1. EXISTING SHELTER LIGHTING(TYP OF 6)SHALL BE REPLACED WITH FIXTURE A-PHILIPS EMCO ELG,FULL CUT-OFF LED FIXTURE UNDER ALTERNATE#2.FIXTURE SHALL BE 50-60W,120V, I NATURAL ALUMINUM TEXTURED FINISH,DIFFUSING LENS,AND UL LISTED FOR WET LOCATION. HOUSING SHALL BE EXTRUDED ALUMINUM AND CEILING MOUNTED.EXISTING WIRING CIRCUIT SHALL BE USED FOR THE NEW FIXTURES. 2. EXISTING SHELTER LIGHTING(TYP OF 6)SHALL BE REPLACED WITH FIXTURE B-PHILIPS OMEGA, 6”LED DOWNUGHT FIXTURE UNDER ALTERNATE#3.FIXTURE SHALL BE 39W,120V,PRECISION I SPUN ALUMINUM REFLECTOR,ACRYLIC LENS,AND UL LISTED FOR WET LOCATION. HOUSING SHALL BE PRECISION DIE STAMPED 18GA GALVANIZED STEEL MOUNTING PAN AND YOKE ASSEMBLY.EXISTING WIRING CIRCUIT SHALL BE USED FOR THE NEW FIXTURES. 3. ALL PENETRATIONS THROUGH THE CEILING SHALL BE SEALED,PATCHED,AND PAINTED BY THE CONTRACTOR. I I 1 BREKKE PARK SHELTER UPPER LEVEL ELECTRICAL PLAN iOAK PARK HEIGHTS, MN E302 B0#le5troo ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT IK:\55\55101680\CAD\DWG\00005510168E302.DWG DATE: 08-20-10 COMM: 000055-10168 I I 1' 1 _ w fh I d 11 11 1i V 1 h d 1 d d �� d 4}.I 11 d d 1 dta 11-- i —_I __1i,- I 1-. _fl 7F_— }— q ir-- ii h--- '— I,--_ 1- -II I 11 ti. ( I ! , II 11 I I 11 i ! f I� ;j 1' I i! II ��' i i__�1 I,- =1 , I 11 1 11 i 11 11 1 ii ;� 1 1 1 II `1 ;1 11 I, 11 1i II�� II � , �{ I� 11 I ! 11 II 1' � 1 ii it ,l 1 1' 1, 11, Ji�—;i I! _ _ 1� , 11 it i ■ 1 i 1 11 1, 1 i 11 1 Ij Ii if, ---A f f 1 11 11 i �~ \\ 1 'I I 1 1 1 11 11 li ii 11 15 1i . H j/„ ... I' I li 1 { , 0J5"'-2#10;�#10 I 1 -_ r I F- ---- --- -- , 1 ! ii 0.75T INVEf{fiERIN ------ ._--r..�._,_- 11 iI 1 �I j 11 ELE RICAI ROOM �_ 1� 11 f� I; 1j II �j �1 I I ( _____ _ 'l { GR NDF�QMQ MBIN�RBOX L�{" ii 11 _�1 ''-'. ��, I==-4—= ----_- 1 , TCiTHE S LAR NEL ERAME.I1 1 �I =-p ,1 i i _ 1 i ii ;j I j{ 'I i� i i I; 1 I fl it 11 I� _ _ 1 ;1 1 � it '1 1oMBI ERBOIK r J' 11 l 1 { 1 i 1 11 11,x_ __ 1- -= i I li r jl 11 If l ; il, I 1 !ii___;, ,1 II t �! 1 li _ ;1 1 1{ 1 �_ t 1 ! II i li 1 1 ■ Oi (1 I LNELINTE4ONFI4T �S 7 1 —j1 ” t li �1 I 1 i i li �Ii 1 1 h d_ ' �_L___.1_ i o I 1—_I' - !l_—_=—__ —��_ I______$__13±_h ______4 I _*_^ �_-�=;I�==�==VIII �---=[___�(�-._�_,___ �-�___- � � �_-=-t,�--I; -=�--'�r',;. ;_`_�.1, II __ IG .�11 -=�!-- � 1 ='---�- `_JL.---'' I° L --_I �� 1 �i __i' _.--1_._._-_.= --- ---- --- --- —, 1- REPLACE EXISTING FIXTURES' OF 4) I GENERAL NOTES: 1. EXISITNG ROOF LIGHTING(TYP OF 4)SHALL BE REPLACED WITH LUMECON LFL1,LED ROUND BACK FLOOD LIGHT.FIXTURE SHALL BE 40-50W,120V,DARK BRONZE,CLEAR GLASS,AND UL LISTED FOR WET LOCATION. HOUSING SHALL BE DIE-CAST ALUMINUM WITH HINGED TOP,AND ROOF MOUNTED. MOUNTING SHALL ALLOW FOR FIXTURE TO BE AIMED AT A 90 DEGREE ANGLE. EXISTING WIRING AND CIRCUIT SHALL BE USED FOR THE NEW FIXTURES. 1 KEYED NOTES: 1. PENETRATE ROOF UNDER COMBINER BOX,RUN CONDUIT IN ATTIC AS SHOWN. 2. CONDUITS SHALL BE RAN TO LOWER LEVEL MOUNT CONDUIT ON COLUMN.SEAL AND PATCH CEILING AND FLOOR PENETRATIONS. I I I I BREKKE PARK SHELTER ELECTRICAL ROOF PLAN OAK PARK HEIGHTS, MN E303 Bonestroo ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT IK:\55\55101680\CAD\DWG\00005510168E303.DWG DATE: 08-20-10 COMM: 000055-10168 I EXIST WOOD GENERAL NOTES: TRUSS @ 24"O.C. SEE ELECTRICAL FOR SOLAR PANEL 1. SUBMIT FOR REVIEW A COMPLETE SHOP DRAWING SECIFICATIONS CONSISTING OF MOUNTING HARDWARE AND STRUCTURAL CALCULATIONS OF SUPPORT RAILS. 1 0 EXIST. �'I 5/8 PLYWOOD I OSNO ECTION SCALE INOTE 3 6x6 BLOCKING @48 O.0 MAX, -6 '--DOUG FIR NO.2 OR BETTER. NOTE 2 NOTE 2 CUT CORNER EDGE FOR FIT UP NOTE 3 AS NEEDED. I _ �,!'► V '4 a 4x4 BLOCKING ∎'I @48"O.C.MAX, = i; DOUG FIR NO.2 111 OR BETTER SIMPSON U44 HANGER, (2) SIMPSON A23 WITH 10d x 1}.USE ANGLE W/4-10d xl z SIMPSON N10 NAILS. EACH END IDETAIL DETAIL O NO SCALE O NO SCALE ICONSTRUCTION NOTES: 1. FIELD LOCATE EXISTING 4x8 PLYWOOD PANEL AT THE SOFFIT FOR I ACCESS TO THE ATTIC SPACE. CONSTRUCT WOOD BLOCKING AND HANGERS PER DETAILS B AND C. 2. INSTALL ROOF FLASHING, HIGHT ADJUSTMENT STANDOFF(WHEN I REQUIRED), SUPPORT RAILS OR BEAMS AND ACCESSORIES PER MFGR DETAILS. 3. CLIP ANGLES AND MOUNTING RAILS SHALL BE UNIRAC SERRATED IL-FOOT AND UNIRAC STD SM RAIL RESPECTIVLY. FLASHING AND HEIGHT ADJUSTMENT STANDOFF SHALL BE QUICKMOUNT PV. 4. FASTEN CLIP ANGLE TO BLOCKING WITH(1)-5/16" DIA LAG SCREW, MIN 3" PENTRATION INTO BLOCKING. MAINTAIN 1 *" EDGE DISTANCE AND END DISTANCE AT ALL FASTNER LOCATIONS. I PARK SHELTER STRUCTURAL BLOCKING AT ROOF TRUSSES IOAK PARK HEIGHTS S101 Bonestroo ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT IK:\55\55101680\CAD\DWG\00005510168S101.DWG DATE: 08-20-10 COMM: 000055-10168