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HomeMy WebLinkAboutContract 2012 2444 2012- 2444 Project Manual For Columbia Heights Boiler Replacement City Hall City Project No. 1207 City of Columbia Heights, Minnesota March 2012 Stantec Project No. 193800463 / 000332-11135-0 Stantec DOCUMENT 00 91 13 ADDENDUM A COLUMBIA HEIGHTS BOILER REPLACEMENT CITY PROJECT NO. 1207 PROJECT NO. 193800463/ 000332-11135-0 COLUMBIA HEIGHTS, MINNESOTA APRIL 9, 2012 Number of Pages: 3 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600—General Office (651) 604-4733— Dave Lindahl, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date ADDENDUM A ©2012 Stantec 1 193800463/000332-11135-0 00 91 13-1 Columbia Heights Boiler Replacement at City Hall Stantec#193800463 Pre-Bid Walkthrough-March 30,2012 10:00 am Attendees Company Email address Phone Number/ Fax Number Dave Lindahi Stantec Dave.Lindahl@Stantec.com (651)604-4733 (651)636-1311 Kevin Hansen Columbia Heights Kevin.Hansen@ci.columbia- (763)706-3705 heights.mn.us 1 (763) a de- v een L)iC t t, wrc,Jet. @,,haC 4VcLC, co iN (l,V) 4d 1:'6Z Aat G3e016o skt tlkuVark4l jPatme mastevreke ..mogl,c00% r5"1 1 L&u ekt6 �a : : _ _ , ) "w /S z O%.4�e Msr k 5/4 ��ehty v,�i'.-��5 ;: (%3 )2. -��Or ft..1 6&r Q,S W�r, i PJ�2� 1 i nA ve)o.r N S 6)G ,tAk,.,,�j 4G, ( f' 361-6— ( ) ( ) ( ) ,---- ( ) ( ) ( ) ( ) ( ) ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ) ( ) ( ) ( ) ( ) ) SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or I hereby certify that this plan, specification, or report was prepared by me or under my direct report was prepared by me or under my direct supervision and that I am a duly Licensed supervision and that I am a duly Licensed Professional Engineer under the laws of the State Professional Engineer under the laws of the State of Mii nesota. of Minnesota. oUr ,. Aaron R. Mueller, P.E., LEED-A.P. David C. Lindahl, P.E. Date: March 9, 2012 License # 46184 Date: March 9, 2012 License # 17649 END OF SECTION PROFESSIONAL CERTIFICATIONS ©2012 Stantec 1 193800463/000332-11135-0 00 01 05-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00— Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 31 00 Available Project Information 00 41 10 Bid Form 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 (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 —General Requirements 01 03 00 Alternates 01 10 00 Summary 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 60 00 Product Requirements 01 70 00 Execution Requirements 01 78 23 Operation and Maintenance Manuals 01 78 36 Warranties FACILITY CONSTRUCTION SUBGROUP Division 02— Existing Conditions 02 41 13 Selective Site Demolition Division 22— Plumbing 22 05 00 Common Work Results for Plumbing 22 07 00 Plumbing Insulation Division 23 — Heating,Ventilating, and Air Conditioning (HVAC) 23 05 00 Common Work Results for HVAC 23 07 00 HVAC Insulation 23 11 23 Facility Natural — Gas Piping 23 21 23 Hydronic Pumps 23 51 23 Gas Vents 23 52 00 Heating Boilers TABLE OF CONTENTS ©2012 Stantecl 193800463/000332-11135-0 00 01 10- 1 Division 26— Electric 26 05 05 Basic Electrical Materials and Methods 26 05 10 Motors 26 05 19 Low Voltage Electrical Power Conductors and Cables 26 05 33 Raceways and Boxes for Electrical Systems 26 24 16 Panelboards 26 24 19 Motor Control 26 28 19 Disconnects DRAWINGS Boiler and Indirect Water Heater Schedules City Hall Boiler Room — Existing Piping Schematic City Hall Boiler Room — New Piping Schematic City Hall 1977 Boiler Room — Demolition City Hall 1977 Boiler Room — New Work City Hall Boiler Room — Demolition City Hall Boiler Room Circulating Pump Piping Requirements Typical Gas Connection Boiler Piping Diagram City Hall Boiler Room City Hall Boiler Room — Electrical Demolition City Hall Boiler Room END OF SECTION TABLE OF CONTENTS ©2012 Stantec) 193800463/000332-11135-0 00 01 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Columbia Heights, Minnesota, at the Municipal Service Center located at 637 38th Avenue NE, until 2 P.M., CDT, on Tuesday, April 17, 2012, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Columbia Heights Boiler Replacement In general, Work consists of providing boilers, pumps, piping, specialties and coordination of controls for installation at the City Hall. Existing piping located in the boiler room, with abated insulation will be insulated under this contract. This contract includes installation of thermowells and piping specialties associated with the temperature control work. Boiler controls including sequencing, modulation and communication with the existing Johnson Controls energy management system are included in this Contract. Abatement of asbestos containing materials will be performed under a separate contract. The digital control of the pumps and valves will be provided by Horwitz/NSI under a separate contract. A pre-bid meeting will be held at 10 A.M. on Friday, March 30, 2012, at the City Hall located at 590 40th Ave. NE, in Columbia Heights. Complete digital Bidding Documents are available at www.questcdn.com for$30 by inputting Quest Project #1933507 on the website's Project Search page. Paper copies may be purchased from the City of Columbia Heights for the price of$30 per set. Paper Bidding Documents may also be viewed at the City of Columbia Heights and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager Dave Lindahl at (651) 604-4733. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kevin Hansen, Public Works Director/City Engineer City of Columbia Heights, Minnesota ADVERTISEMENT FOR BIDS ©2012 Stantec 1 193800463/000332-11135-0 00 11 13-1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office —The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to the Stantec Plan Room, check for the presence of Bidding Documents (including Addendum), and download documents as they become available. Bidder shall regularly check the Stantec Plan Room for Addendum or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addendum from Stantec. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Stantec Plan Room. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: INSTRUCTIONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-1 A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4- EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the"technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any"technical data"or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the"technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any"technical data"or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. INSTRUL I IONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. INSTRUCTIONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-3 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be Pre-Bid Conference. 5.01 A Pre-Bid Conference will be held at 10 A.M, CDT, on Friday, March 30, 2012, at the City Hall located at 590 40th Ave. NE, in Columbia Heights. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders an Addendum as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addendum mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The INSTRUCTIONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-4 Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND"OR-EQUAL"ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or"or-equal"items. Whenever it is specified or described in the Bidding Documents that a substitute or"or-equal"item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. INSTRUCTIONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-5 ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the letters of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. INSTRUL I IONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-6 C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the"Total Base Bid"and this amount will be the basis for determining the lowest Bidder. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation"BID ENCLOSED."A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid or Adjusted Total Base Bid. INSTRUL I IONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-7 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS ©2012 Stantec 1 193800463/000332-11135-0 00 21 13-8 SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. There were no reports or drawings used by the Engineer in the preparation of Bidding Documents PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION ©2012 Stantec 1 193800463/000332-11135-0 00 31 00-1 BIDDER. HORW,I '2 NST DOCUMENT 00 41 10 B FORM COLUMBIA HEIGHTS BOILER REPLACEMENT CITY PROJECT'NO. Sl'ANTEC PROJECT NO.19 8t)0463/000332-11135-0 COLUMBIA HEIGHTS,MINNESOTA 2012 1111$BID IS SUBMITTED TO: City of Columbia Heights Municipal Service Center 637 38th Avenue NE Columbia Heights,MN 55421 1.01 The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid,Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents,the other related data Identified in the Bidding Documents,and the following Addenda,receipt of all which is hereby acknowledged: fddendum Letter Addendum Date ADDENDUM A APRIL 9, 2012 B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. Bidder has carefully studied all: (I)reports of explorations and tests of subsurface conditions at,or contiguous to,the Site and all drawings of physical conditions In or relating to existing surface or subsurface structures at,or contiguous to,the Site(except Underground Facilities)which have been identified in SC-4.02,and(2)reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. OS 2012 Stantoc 1 193600463/000332-11135-0 00 41 10.1 6:10 FORM BIDDER: HORWTTT ITT DOCUMENT 00 41 10 B/D FORM COLUMBIA HEIGHTS BOILER REPLACEMENT cm'PROJECT NO,1207 srAivrEc'PROJECT NO.193800463/000332-11135-0 COLUMBIA HEIGHTS,MINNESOTA 201 'MIS BID IS SUBMITTED TO: of Combia H MunicGty ipal Selurvice Center 637 38th Avenue NE Columbia Heights,MN 55421 1.01 The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner 3.01 In submitting this Bid,Bidder represents that: A` Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the Bidding Documents,and the following Addenda,receipt of all which is hereby acknowledged: Addendum Letter Addendum Date ADDENDUM A APRIL 9, 2012 B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions that may affect cost,progress,and performance of the Work C. Bidder is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost; progress,and performance of the Work D. Bidder has carefully studied all: (1)reports of explorations and tests of subsurface conditions at,or contiguous to,the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at,or contiguous to,the Site(except Undeiground Facilities)which have been identified In SC-4.02,and(2)reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. 092 2012 Surat l 193000463/000332-11 135-0 00 41 10.1 BM FORM E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions(surface, subsurface,and Underground Facilities)at,,or contiguous to,the Site which may affect mot,progress or performance of the work or which relate to any aspect of the means,methods,techniques,sequences,and procedures of construction to be employed by Bidder,including applying the specific means,methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does riot consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents,and all additional examinations,investigations,explorations, tests,studies,and data with the Bidding Documents. 1. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K, Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluaton concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. e 2012 Stantec 193809483100033241335-0 0041 10-2 BID FORM S.01 Bidder will complete the Work In accordance with the Contract Documents for the following price(s): Ali spediiic cash allowances are included In the prioe(s)set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accl-darace with Paragraph 11.03.8 of the General Conditions Bidder acknowledges that estimated.quantities are not guaranteed,and are solely for the purpose of comparison of Bids,and gnat payment for ati Unit Price Bid hems will be based on actual quantities provided,determined as provided in the Contract Documents. No. Itam units ' Qty Unit Price T -F 1,Price BASE BID: 1 REPLACE BOILER WHICH INCLUDES NEW IS 1 BOILER,PUMPS,SPECIALTIES,AND RELATED ELECTRICAL WORK TOTAL BASE B 173,450 ALTERNATE NO 1c SLIBSTMITE BOILER M UFA ER: 2 ALTERNATE BOILER MANUFACTURER LS 1 $ 158 28° BOILER MANUFA RE (MANE): CAMUfi 2072 st,,t,c 1 193600463100033211733-0 Oa 41 10-3 1310 Ritttt 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times spedfled above,which shall be stated in the Agreement 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security In the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBMITTED on APRIL 17 ,2012. If Bidder Is: An Individual Name(typed or printed): By: (SEAt.) (Individual's signature) Doing business as Business Street Address(No P.O. Box rs): Phone No.: Fax No.: t0 2012 Start%I 1930004E1/000337 11135-0 00 41 10-4 ea)KAM A Partnerhr ip Partnership Name: (SEAL), By: (Signature of general partner) Name(typed or printed): Business Street Address(No P.O.Box#'s): Phone No.: ' Fax No.: A Corporation Corporation Name: HORWITZ-NS I (SEAL) MINNESOTA State of incorporation: Type(General Business,Professio , -- ' = ;ited Liability): GENERAL BUS INES S By: (Signature) PRESIDENT — F.C.WILLIAMSON Name(typed or printed): PRESIDENT Trtle: Attest .�'ptl# '�' (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address(No P.O.Box#'s): 4401 QUEBEC AVENUE NORTH NEW HOPE, MN 55428 Phone No 763-235-9833 Fax No.: 763-235-9834 e 201?OWntec I f 93805463/0R0332.-11135.0 00 41 10-5 tip FOrtm A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name(typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name(typed or printed): Title: Business Street Address(No P.G. Box#'s): Phone No.: Fax No.: Phone and Fax Number,and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual,partnership,and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 2012 501ntec 1 193000463/000332 11135 0 00 41 104 010 FORM THE AMERICAN INSTITUTE OF ARCHITECTS /\64 Document /4310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE HonxitzNS8 4401 Quebec Avenue N., New Hope, MN 55428 as Principal, hereinafter called the Principal, and Western Surety Company P. O. Box 5077 Sioux Fa||o, SD 57117-6077 a corporation duly organized under the laws of the State of SD as 8unety, hereinafter called the Surety, are held and firmly bound unto City of Columbia Heights 590 40th Avenue NE, Columbia Heights, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid � . Dollars ($ 5% ) for the payment of which sum well and bo�tV be made, the said PhAdpa| and the said Sune�', bind ourselves, our hei " exocu\mns, administrators, successors and mum�no.joinUy and severally,firmly by these presents. '~' VVHEREA8.tho Principal has submitted a bid for Columbia Heights Boiler Replacement City HaU, City Project No. 1207 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the { penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of Aph| 2O12 , HonwdzN88 1� '~ � -\ 4� " (Seal) *nnaa� B : � � ����n�"=� ( ~�r���------- (Title) |/ /1 ji Western Surety Company 1 , L.i!a* (Surety) /1140.r (Seal) (Witness) 2 4111 �av -oo u�" � o�/ ---- (n�� �� (Title) MA DOCUMENT Amm Bill BOND AuA*FEBRUARY zor ED. THE MERLC'AN INSTiTUTE OF ARCHITECTS,1735 N.Y.Avo,m/*.WASHINGTON,»�.20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ) ss. On this //e 7-4/.-- day of /1 '°?2-2 2012 County of//EU/f/02 it,/ ) before me appeared c' (L., to me personally known, who, being by me duly sworn, did say that she is the of HORWITZ NS/I a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, /10,eie>-_,t-r i— /V 3-7 (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said acknowledged said instrument to be the free act and deed of said corporation. KATHLEEN R. MERCIL ..,..:4- Notary Pubtio-Minnesota 31 Wi3 Notary Public /-3/-,,.2av3 My commission expires County, k,054/---rkt-ifalb / :3/-.70/3 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 17th day of April 2012 County of HENNEPIN ) before me appeared Joshua R. Loftis to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of WESTERN SURETY COMPANY , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Joshua R. Loftis acknowledged said instrument to be the free act and deed of said corporation. )1/1,0 1 1 oh x x 410 v NICOLE MARIE NELSON ,,, c - I t.-- ., NOTARY PUBLIC.MINNESOTA ...4d -A 1 ...,.. - My Cornrow:4 Expires dart,31,2015 Notary Public My commission expires County, r r Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AU Men By Thine Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Palls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Bruce N Telander, Donald R OIson, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Jerome T Ouimet, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis,MN,its true and lawful Attoruey(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 it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the.By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vino President and its corporate seal to he hercto affixed on this 5th day of April,2012. WESTERN SURETY COMPANY Wp v0R \° -W 4oP v` •jf Paul <.Bra flat,Senior Vice Pi esident State of South Dakota as County of Minnehaha On this 5th day of April,2012,before Inc pemorally came Paul T. Brutlat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Fulls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instntment is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + D. KRELL November 30,2012 f NOTARY PUBLIC Sift SOUTH DAKOTA .r 9 �htitib bb bb b4ti��a o,4eb<.y�+b4ti� . D.Krell,No ry Public CERTIFICATE, T. L.Nelson, Assistant Secretary of WESTERN SL.tRE'l'Y COMPANY do hereby certify that the Power of Attorney hereinahove set forth is still in force,and further certify that the By-Law of the corporation 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 corporation this_17th day of April 2012 er yast:r,. o-,, ..-�,-�p WESTERN SURETY COMPANY ,`tii'pRo0q,9}c- VRw Form 04280-09-06 1..Nelson,Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. • SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of Columbia Heights, Minnesota (hereinafter called Owner) and Horwitz, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 — WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Heating plant upgrades including boiler replacement. ARTICLE 2— THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Columbia Heights Boiler Replacement. ARTICLE 3— ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4— CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be Substantially Completed on or before August 1, 2012, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before September 7, 2012. Substantial Completion Date shall be defined as the completion of the following items: 1. Installation of the boilers, pumps and heating water piping. 2. Installation of the boiler and pump controls, power wiring and pipe insulation. 3. Commissioning of the temperature controls. B. The heating plant shall be operational and accepted by the Owner on or before August 1, 2012. C. Except to the extent an earlier date is provided above for a portion of the Work, the Final Completion for the Project shall be September 7, 2012. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 AGREEMENT FORM ©2012 Stantec 1 193800463/000332-11135-0 00 52 10- 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. B. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on One Hundred Fifty-Eight Thousand, Two Hundred Eighty Dollars and No Cents ($158,280.00). ARTICLE 6— PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). AGREEMENT FORM ©2012 Stantec 193800463/000332-11135-0 00 52 10-2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. B. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5— CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on One Hundred Fifty-Eight Thousand, Two Hundred Eighty Dollars and No Cents ($158,280.00). ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). AGREEMENT FORM ©2012 Stantec 1 193800463/000332-11135-0 00 52 10-2 b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7— INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the 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 ©2012 Stantec 1 193800463/000332-11135-0 00 52 10-3 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 following general title: City of Columbia Heights Boiler Replacement. 7. Addendum A. 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). 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 ©2012 Stantec 1 193800463/000332-11135-0 00 52 10-4 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. 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 Severabiiity 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 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the Bidding process or in the Contract execution; 2. "fraudulent practice"means an intentional misrepresentation of facts made (a) to influence the Bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or(c)to deprive Owner of the benefits of free and open competition; 3. "collusive practice"means a scheme or arrangement between 2 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. AGREEMENT FORM OO 2012 Stantec 193800463/000332-11135-0 00 52 10-5 IN 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 identified by Owner and Contractor or on their behalf. This Agreement will be effective on A iz,v. , k 23 j aLC) i 1- , 2012 (which is the Effective Date of the Agreement). ...- ,, Owner: Contractor: City of Co lu it . Heights, Mi neso 4 Horwitz, Inc. D - AO ) -- ' ii, 1 • miril By ■,,,____ ?ii, i ,, - _ , .k___ By .ti • Mayor A By: „--" y ttest. Zd'/A*r/' , - /1 City anager Aest: a+T.,,,,' • (c5 Address for giving notices: tt Address for giving notices: License No.: (Where Applicable) Designated Representative: Name: _.....-110. CA... A.4...Ams a --- Designated Representative: / / 4A/5 Name / A : ,/ /7-/( ..-lit..} .: ....., Title. Address: .. . Title: (ir/ . _.---,4/67,,,,iz----/---/-7, Address: 6,_..3 i 3 phonerlt ..2.,S°. "E'tg e-e)1-("I ill r 1 n lizi6H-7-5 11111) i Facsimile: ' ' Phone: '7(p3 - 10 cs- Facsimile: 7&3 - 74 - 3 7 6./`‘ / END OF SECTION AGREEMENT FORM ©2012 Stantec I 193800463/000332-11135-0 00 52 10-6 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): Horwitz, Inc. Western Surety Company 4401 Quebec Ave. No. , New Hope, MN 55428 PO Box 5077, Sioux Falls, SD 57117 OWNER(Name and Address): City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 CONTRACT Date: May 14, 2012 Amount: $158,280.00 One Hundred Fifty Eight Thousand Two Hundred Eighty and 00/100 Description(Name and Location): Boiler Replacement BOND Bond Number:929551062 Date(Not earlier than Contract Date): May 14, 2012 Amount: $158,280.00 One Hundred Fifty Eight Thousand Two Hundred Eighty and 00/100 Modifications to this Bond Foiut: 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:Horwitz, •it (Seal) Western J, rety Colvpny (Seal) Name and Title: Surety's N.• e and orp.' :eal F .C . Williamson j President By. 1 fil NS/I Mechanical SignaturndTitle t.s R. Loftis, Attorney—in—Fact (Attach 'ower of Ant ey (Space is provided below for signatures of additional parties,if required.) y Attest: . / " . Signature and Title Nicole Nelson, Surety Account Rep. 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: I 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 a 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 Contractors 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 Contractors 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. I. 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 arra-;ge 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 Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker 150 South 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative(engineer or other party) 612-349-2400 00 61 13.13-2 PAYMENT 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): Horwitz, Inc. Western Surety Company 4401 Quebec Avenue No. , New Hope, MN 55428 PO Box 5077, Sioux Falls, SD 57117 OWNER(Name and Address): City of Columbia Heights 637 38th Avenue NE, Columbia Heights, MN 55421 CONTRACT Date: May 14, 2012 Amount:$158,280.00 One Hundred Fifty Eight Thousand Two Hundred Eighty and 00/100 Description(Name and Location): Boiler Replacement BOND Bond Number: 929551062 Date(Not earlier than Contract Date): May 14, 2012 Amount:$158,280.00 One Hundred Fifty Eight Thousand Two Hundred Eighty and 00/100 Modifications to this Bond Foust: 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 Horwi iir Signature: �- - _: 1) Western Sure Company (Seal) Name and Title: F.C . Williamson Surety's Na � . .orpo e President // 1 '` NS/I Mechanical By" r Signature aye• `itle Josh i R i ofti- , Attorney—in—Fact (Attach Po• er of Attorney (Space is provided below for signatures of additional parties, if required.) p ,, ,7 je ''''\ Attest: AtYll, Signature and Title Nicole Nelson, Surety Account Rep. 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-6I5(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 eamed 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 Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker: 150 South 5th Street, Suite 2800, Minneapolis, MN 55402 Owner's Representative(engineer or other party): 612-349-2400 00 61 13.16-2 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) i ) ss. On this /!L day of i i4.r`r , 2012 County of i,e1 ��� y 1 ) before me appeared -";�� �c t,� � ,�-a��,_,�, ��,ti,, to me personally known, who, being by me duly sworn, did say that sf is the 4-t ,J_'' f I ! ki C `,77,1 1t,,",_ _ a, r -- of HORWITZ, INC. a corporation, that the seal affixed, to the foregoing instrument is the corporate seal of said corporation, 'I ltr bu ;`zj ,0 , (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said 1-y-tc# L' j/J e-fns}4 :1 acknowledged said instrument to be the free act and deed of said corporation. 1/l:n/A ; )1'174 MARY B PUNDT Notary Pu116 is 1 County, i > J j Notary Public 1 innesota My commission expire ' , 'e:-il 71l 51,/,-;'° ,$°' My Comm.Expires 7 Jan 31,2015 J Lill ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 14th day of May 2012 County of HENNEPIN ) before me appeared Joshua R. Loftis to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of WESTERN SURETY COMPANY , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Joshua R. Loftis acknowledged said instrument to be the free act and deed of said corporation. L/641 ,0:4/ 4/)7-) fi R.Q,<< NICOLE MARIE NELSON Notary Public County, 1• U" ,' NOTARY PUBLIC-MINNESOTA My commission expires i i f My Commission Expires Jan.31,2015 ler x Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Bruce N Telander, Donald R Olson, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Jerome T Ouimet, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Individually of Minneapolis,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 it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of April,2012. „., »».», WESTERN SURETY COMPANY ao"gURETr»w.,. �w�QPOggr;ti Z, Paul :Bruflat,Senior Vice President State of South Dakota ss County of Minnehaha On this 5th day of April,2012,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + D. KRELL November 30,2012 3 AE NOTARY PUBLIC SE�A� r s SOUTH DAKOTA 3 t s +yhh�,5�,y�,syye5hhy5h5yyhh+ � D.Krell,No. y Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation 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 corporation this 14th day of May 2012 WESTERN SURETY COMPANY awQ?Q,POgy cow ?w fit"'az SLAV.'#11 y �TMOPK)e L.Nelson,Assistant Secretary Form F4280-09-06 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STAND [ '' ) GENE L CONDITIONS OF THE CONSTRUCTION NT ' A CT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC olEp fiENFgq!m /�/�� 0 6 A�w 1111313IIIII, ,-t POgs1f�� ASCC American Society 2 National Society of Professional Engineers fr of Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 -Definitions and Terminology 1 1.01 Defined Temis 1 1.02 Terminology 4 Article 2-Preliminary Matters 5 2.01 Delivery of Bonds and Evidence of Insurance 5 2.02 Copies of Documents 5 2.03 Commencement of Contract Times;Notice to Proceed 5 2.04 Starting the Work 5 2.05 Before Starting Construction 5 2.06 Preconstruction Conference;Designation of Authorized Representatives 6 2.07 Initial Acceptance of Schedules 6 Article 3-Contract Documents: Intent,Amending,Reuse 6 3.01 Intent 6 3.02 Reference Standards 6 3.03 Reporting and Resolving Discrepancies 7 3.04 Amending and Supplementing Contract Documents 7 3.05 Reuse of Documents 8 3.06 Electronic Data 8 Article 4-Availability of Lands;Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points 8 4.01 Availability of Lands 8 4.02 Subsurface and Physical Conditions 9 4.03 Differing Subsurface or Physical Conditions 9 4.04 Underground Facilities 10 4.05 Reference Points 11 4.06 Hazardous Environmental Condition at Site 11 Article 5-Bonds and Insurance 13 5.01 Perfolmance,Payment,and Other Bonds 13 5.02 Licensed Sureties and Insurers 13 5.03 Certificates of Insurance 13 5.04 Contractor's Insurance 14 5.05 Owner's Liability Insurance 15 5.06 Property Insurance 15 5.07 Waiver of Rights 16 5.08 Receipt and Application of Insurance Proceeds 16 5.09 Acceptance of Bonds and Insurance;Option to Replace 17 5.10 Partial Utilization,Acknowledgment of Property Insurer 17 Article 6-Contractor's Responsibilities 17 6.01 Supervision and Superintendence 17 6.02 Labor;Working Hours 17 6.03 Services,Materials,and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and"Or-Equals" 18 6.06 Concerning Subcontractors, Suppliers,and Others 20 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 11.02 Allowances 36 11.03 Unit Price Work 36 Article 12-Change of Contract Price;Change of Contract Times 37 12.01 Change of Contract Price 37 12.02 Change of Contract Times 37 12.03 Delays 38 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work 338 13.01 Notice of Defects 38 13.02 Access to Work 38 13.03 Tests and Inspections 38 13.04 Uncovering Work 39 13.05 Owner May Stop the Work 40 13.06 Correction or Removal of Defective Work 40 13.07 Correction Period 40 13.08 Acceptance of Defective Work 41 13.09 Owner May Correct Defective Work 41 Article 14-Payments to Contractor and Completion 41 14.01 Schedule of Values 41 14.02 Progress Payments 42 14.03 Contractor's Warranty of Title 44 14.04 Substantial Completion 44 14.05 Partial Utilization 44 14.06 Final Inspection 45 14.07 Final Payment 45 14.08 Final Completion Delayed 46 14.09 Waiver of Claims 46 Article 15-Suspension of Work and Termination 46 15.01 Owner May Suspend Work 46 15.02 Owner May Terminate for Cause 46 15.03 Owner May Terminate For Convenience 47 15.04 Contractor May Stop Work or Terminate 48 Article 16-Dispute Resolution48 48 16.01 Methods and Procedures 48 Article 17-Miscellaneous 49 17.01 Giving Notice 49 17.02 Computation of Times 49 17.03 Cumulative Remedies 49 17.04 Survival of Obligations 49 17.05 Controlling Law 49 17.06 Headings 49 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii)achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date 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. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. 24. Laws and Regulations;Laws or Regulations Any and all applicable laws,rules,regulations,ordinances,codes, and orders of any and all governmental bodies,agencies,authorities,and courts having jurisdiction. 25. Liens Charges,security interests,or encumbrances upon Project funds,real property,or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein,Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum,fuel oil,oil sludge,oil refuse,gasoline,kerosene,and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 49 that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television,water,wastewater,storm water,other liquids or chemicals,or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction,and furnishing,installing,and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies.A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect,if any,on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms"as allowed,""as approved,""as ordered,""as directed"or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable,""suitable,""acceptable,""proper,""satisfactory,"or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work,or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word"day"means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents;or b. does not meet the requirements of any applicable inspection,reference standard,test,or approval referred to in the Contract Documents;or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish,Install,Perform,Provide: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 49 2. a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals,processing Applications for Payment,and maintaining required records. B. At this conference Owner and Contractor each shall designate,in writing,a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions,receive information,render decisions relative to the Contract,and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing,scheduling,or progress of the Work,nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary;what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for,at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ad rights reserved. Page 6 of 49 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented,and minor variations and deviations in the Work may be authorized,by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample(subject to the provisions of Paragraph 6.17.D.3);or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof)prepared by or bearing the seal of Engineer or its consultants, including electronic media editions;or 2. reuse any such Drawings, Specifications,other documents,or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data furnished by Owner or Engineer to Contractor,or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies).Files in electronic media format of text,data,graphics,or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk.If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. Because data stored in electronic media 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 acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred.Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format,the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 49 such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto,and advise Owner in writing(with a copy to Contractor)of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for,performance of the Work;subject,however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A;and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract;or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment;or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 49 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work.Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or(ii) specifying any special conditions under which such Work may be resumed safely. I€Owner and Contractor 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 stoppage 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. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions,then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work,then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent peunitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible.Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members,partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible.Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02,4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 49 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work,or by anyone for whose acts any of them may be liable: 1. claims under workers'compensation,disability benefits,and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located,including loss of use resulting therefrom;and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability)Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations,whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued(and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing,or replacing defective Work in accordance with Paragraph 13.07;and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 49 be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts,each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers,directors,members,partners,employees,agents,consultants and subcontractors of each and any of them for all losses and damages caused by,arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them)under such policies for losses and damages so caused.None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners,employees,agents,consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner;and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04,or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss,damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors,members,partners,employees,agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 49 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld)given after prior written notice to Engineer. 6.03 Services,Materials, and Equipment A. Unless otherwise specified in the Contract Documents,Contractor shall provide and assume full responsibility for all services,materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing,start-up,and completion of the Work. 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 the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence(including reports of required tests) as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12.Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or"or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal"Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an"or-equal"item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 49 a) all variations of the proposed substitute item from that specified,and b) available engineering,sales,maintenance,repair,and replacement services;and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means,method,technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method,technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability.No"or equal"or substitute will be ordered,installed or utilized until Engineer's review is complete,which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B.Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity(including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity,whether initially or as a replacement,shall constitute a waiver of any right of Owner or Engineer to reject defective Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 49 and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design,process,product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids,or,if there are no Bids,on the Effective Date of the Agreement.Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the perfonuance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent,if any,of any such adjustment,a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales,consumer,use,and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work,Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members,partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims,costs,losses,and damages(including but not limited to all EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 49 E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part,by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable,shall be remedied by Contractor(except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them,or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency,a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals(as required by Paragraph 2.07).Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 49 E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers,or any other individual or entity for whom Contractor is responsible;or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test,or approval by others;or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to the performance of the Work,provided that any such claim,cost,loss,or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 49 1. written notice thereof will be given to Contractor prior to starting any such other work;and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract,each utility owner, and Owner, if Owner is performing other work with Owner's employees,proper and safe access to the Site,provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work;provided,however,that Contractor may cut or alter others'work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized;and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE S—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 49 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner,will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations,Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly,but without limitation,during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree,Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly.If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment,a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 49 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,any Supplier,or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections,tests, and approvals that the results certified indicate compliance with,the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative,if any,and assistants,if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK;CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions,deletions,or revisions in the Work by a Change Order,or a Work Change Directive.Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to,or on the amount or extent,if any,of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim maybe made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04,except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii)required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 49 ARTICLE 11—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs,except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall not include any of the costs itemized in Paragraph 11.01.B,and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen,and other personnel employed full time on the Work.Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits,which shall include social security contributions,unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments,in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, 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 and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys,and accountants)employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site,and hand tools not owned by the workers,which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery,and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation,loading,unloading,assembly,dismantling,and removal thereof.All such costs shall be in accordance with the terms of said rental agreements.The rental of any such equipment,machinery,or parts shall cease when the use thereof is no longer necessary for the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 49 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes;and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances,and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance,if any,is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances,and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;and 2. there is no corresponding adjustment with respect to any other item of Work;and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 49 B. Any adjustment of the Contract Times 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. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor,the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to,acts or neglect by Owner,acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7,fires,floods,epidemics,abnormal weather conditions,or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work,then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnoliiial weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected,corrected,or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,tests,or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 49 13.05 Owner May Stop the Work A. If the Work is defective,or Contractor fails to supply sufficient skilled workers or suitable materials or equipment,or fails to perfoun the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity,or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed,or completed, or,if the Work has been rejected by Engineer,remove it from the Project and replace it with Work that is not defective.Contractor shall pay all claims,costs,losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or removal(including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee,if any,on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion(or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas;or 2. correct such defective Work;or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the teuus of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage,Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced.All claims,costs,losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work(and damage to other Work resulting therefrom)has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 49 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing,the Application for Payment shall also be accompanied by a bill of sale,invoice,or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein,all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case,Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules,that to the best of Engineer's knowledge,information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07,and any other qualifications stated in the recommendation);and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress,or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment,including final payment,will impose responsibility on Engineer: a. to supervise,direct,or control the Work,or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 49 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete)and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion.There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment.Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor.If,after consideration of Owner's objections,Engineer considers the Work substantially complete,Engineer will,within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected)reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner,Engineer,and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete.If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 49 Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If,through no fault of Contractor,final completion of the Work is significantly delayed,and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without tel uiinating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01,the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor,except Claims arising from unsettled Liens,from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,or from Contractor's continuing obligations under the Contract Documents;and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents(including,but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 49 B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If,through no act or fault of Contractor, (i)the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii)Engineer fails to act on any Application for Payment within 30 days after it is submitted,or(iii)Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time,terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally deteouined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 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 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith.The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. 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.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period,Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions;or 2. agrees with the other party to submit the Claim to another dispute resolution process;or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended;or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 49 SECTION 00 73 05 SUPPLEMENTARY CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A45 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: Operation and Maintenance Manuals approved. Equipment Start-Up and Training. Demonstration Period. Contractor in receipt of Certificate of Occupancy. 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. Additional printed copies may be obtained as directed in the Advertisement for Bids. 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 4— AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC-4.02 Delete Paragraphs 4.O2.A and 4.O2.B in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner or Engineer. SC-4.O4.A Add the following new item immediately after Item 2.d: 3. The subsurface utility information on the Drawings is utility quality level D. This quality level was determined according to the guidelines of CI/ASCE 38-.2, entitled"Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data." 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 E)CDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. SUPPLEMENTARY CONDITIONS ©2012 Stantec 1 193800463/000332-11135-0 00 73 05- 1 SC-5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of$1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC-5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words"the Supplementary Conditions"with the words"Division 01." SC-6.19.A Delete the words"representation of"in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words"30 days"with the words"10 days."Amend the third sentence of Paragraph 10.05.B by replacing the words"60 days"with the words"30 days." ARTICLE 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. END OF SECTION SUPPLEMENTARY CONDITIONS ©2012 Stantec 1 193800463/000332-11135-0 00 73 05-3 SECTION 01 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. B. Alternates may be accepted by the Owner in any order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: Base bid includes providing Lochinvar Knight XL boilers. Contractors may submit Alternate Bids for boilers manufactured by: 1. Camus Dyna MAX 800. 2. Hamilton EVO. 3. Patterson-Kelley - Mach Series. 4. Other manufacturer's with prior approval. B. Include submittal data with the Bid for Alternate manufacturers. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES ©2012 Stantec 1 193800463/000332-11135-0 01 03 00-1 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Columbia Heights Boiler Replacement for the City of Columbia Heights, Minnesota, City Project No. 1207. B. Description of Work: 1. Replace boiler at City Hall building. 2. Include boilers, pumps, specialties and related electrical work. 3. Installation of control components furnished by the controls contractor. C. Excluded Work: 1. Temperature control connections to existing Johnson Controls Building Automation Systems (BAS). 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site 1. Keep existing driveways and entrances clear and available to the public and to the Owner. 2. If additional space is needed, obtain and pay for such space off Site. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY ©2012 Stantec 193800463/000332-11135-0 01 10 00-1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 UTILITIES A. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: Center Point Energy. 6. Telephone: Qwest. 7. Cable TV: Comcast. 8. Fiber optic connection: City of Columbia Heights. B. Owner requires a 48-hour notice for all utility interruptions. 1.03 PERMITS A. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. 2. State Electrical Permit B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. PROJECT MANAGEMENT AND COORDINATION ©2012 Stantec 1 193800463/00033241135-0 01 31 00- 1 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 1 day or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. SUBMITTAL PROCEDURES ©2012 Stantec 1 193800463/000332-11135-0 01 33 00-1 3.06 WELDING CERTIFICATES A. Submit welding certificates for each person by name assigned to do field welding of materials installed under this Contract. Certificates shall indicate that each person has passed tests specified by AWS and shall be submitted prior to execution of any welding. 3.07 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. 3.08 WARRANTIES A. Provide 10-year warranty for boiler heat exchangers. B. Conform to the requirements of Section 01 78 36. END OF SECTION SUBMITTAL PROCEDURES ©2012 Stantec 1 193800463/000332-11135-0 01 33 00-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 DEFINITIONS A. The word "Engineer"is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of Work, submit testing service company names for approval by Engineer: 1. Boiler Water Treatment analysis. 2. Flue gas analysis. 3. HVAC Testing Adjusting and Balancing. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.04 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. QUALITY REQUIREMENTS ©2012 Stantec 1 193800463/000332-11135-0 01 40 00-1 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic requirements for products used in the Work. 1.02 SUBMITTALS A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval with supporting documentation. B. Submit the following items consistent with Section 01 33 00 and General Conditions Article 6.05: 1. Shop drawings for named products and"or-equal"products. 2. Written application for substitute items, including supporting documentation. 1.03 PRODUCT SUBSTITUTIONS AND"OR-EQUAL"PROCEDURES A. Procedures During Bidding 1. Conform to the requirements of the Instructions to Bidders. B. Procedures During Construction 1. Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 01 33 00. 3. Items not approved as"or-equal"may be resubmitted as a Substitute Item. 4. Engineer will review Substitute Item requests that conform to General Conditions Article 6.05.A2d and the following additional supporting documentation: a. Drawings and Specifications. b. Installation lists. c. Performance data, including equipment capacity, strengths, weights, and dimensions. d. Catalog cut-sheets. e. Lists of deviations from and exceptions to the Specifications. f. Detailed information for all buy-out items, including motors and drives. g. Lists of materials of construction. h. Maintenance schedules of equipment, including buy-out items. i. Other information deemed necessary at the discretion of Engineer. 5. Incomplete submittals will be returned to Contractor without review. 6. Contract times will not be modified due to substitute and"or-equal"review process. 7. Engineer shall not have to prove that an item is not an"or-equal." 8. Owner does not have to accept proposed Substitute Items. 1.04 SUBTITUTE ITEMS A. Procedures During Bidding 1. Conform to the requirements of the Instructions to Bidders. PRODUCT REQUIREMENTS ©2012 Stantec 1 193800463/000332-11135-0 01 60 00-1 F. Costs associated with the complete installation of Owner furnished equipment shall be considered incidental to the Project, unless otherwise specified. END OF SECTION PRODUCT REQUIREMENTS ©2012 Stantec 1 193800463/000332-11135-0 01 60 00-3 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, commence Work only after conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. EXECUTION REQUIREMENTS ©2012 Stantec I 193800463/000332-11135-0 01 70 00-1 D. Replace burned out lamps. Replace HVAC filters for equipment operated during construction. 3.07 CUTTING AND PATCHING A. Complete cutting, fitting, and patching necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.08 SPECIAL TOOLS A. Provide any special tools,jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. C. Provide neat and substantial metal tool box with hinged cover and lifting handles or metal cabinet with hinged door. 3.09 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. 3.10 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, MN 55146-1173 or by calling (651) 296-4444. END OF SECTION EXECUTION REQUIREMENTS ©2012 Stantec 1 193800463/000332-11135-0 01 70 00-3 SECTION 01 78 23 OPERATION AND MAINTENANCE MANUALS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for Operation and Maintenance Manuals. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with Contractor's schedule of submittals. B. Operation and Maintenance Manuals must be approved before placing equipment into operation. PART 2 PRODUCTS 2.01 MANUALS A. Provide commercial quality, hard cover 3-ring binders with Project title printed on front and spine. B. Provide table of contents and tabbed sections for separate categories of products and warranties. PART 3 EXECUTION 3.01 SUBMITTAL PROCEDURES A. Submit 1 preliminary set of Operation and Maintenance Manuals for review by the Engineer. Engineer will review and return to the Contractor this set marked"Approved,""Approved as Noted,""Revise and Resubmit,"or"Rejected"consistent with Section 01 33 00. After the Operation and Maintenance Manuals have been corrected, submit 3 final sets. B. Submit 3 approved and final sets of detailed equipment drawings and explicit instructions on the operation and maintenance of each piece of equipment furnished on the Project. 3.02 OPERATION AND MAINTENANCE MANUALS A. Manuals are required for all equipment, accessories, devices, etc. that require adjustment, maintenance, operation, or repairs by the Owner's personnel, including driver, motors, controls, etc. All information shall be supplied by the appropriate equipment manufacturers, neatly bound in rigid cover ring type binders by the Contractor, and properly indexed. Manuals shall include record shop drawings and copies of factory certified tests. Each manual shall contain the following information where applicable: 1. Operation and Maintenance Manuals shall be clearly identified as operation and maintenance submittal. 2. All performance and design characteristics and unit identification, such as model and serial numbers. 3. All accessories or options furnished with unit. 4. Complete instruction on lubrication, testing, balancing, etc. 5. List of recommended lubricants. OPERATION AND MAINTENANCE MANUALS ©2012 Stantec 1 193800463/000332-11135-0 01 78 23- 1 SECTION 01 78 36 WARRANTIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Warranties for the Work of this Project. 1.02 SUBMITTALS A. Include warranties with the 0 &M Manuals. B. Separate each warranty keyed to the Table of Contents listing. Provide full information using separate typed sheets as necessary. List subcontractor, supplier, and manufacturer with name, address, and telephone number of responsible principal. 1.03 PREPARATION OF WARRANTIES A. Obtain warranties executed in duplicate by responsible subcontractors and suppliers within 10 days of completion of the application item or Work. Leave date of beginning of time of warranty blank until the Date of Substantial Completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co-execute submittals when required. D. Retain warranties until delivery time indicated below. 1.04 DELIVERY A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. B. Within 10 days after Engineer's declared and written confirmation of the Date of Substantial Completion. C. For items of Work when acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. 1.05 LENGTH OF WARRANTY A. Minimum length of all equipment warranties shall extend through the Correction Period. B. Length of Warranties: Conform to the requirements of the Specifications. PART 2 PRODUCTS Not Used. WARRANTIES ©2012 Stantec 1 193800463/000332-11135-0 01 78 36-1 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and disposal or salvage of mechanical and electrical equipment no longer used as a result of boiler replacement work. B. Work by Others 1. Removal of asbestos containing materials (ACM) including the boiler, will be by the Owner, prior to construction. 1.02 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.03 SCHEDULING A. Include time for demolition and disposal of materials when developing the project Schedule. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of items removed in accordance with applicable laws, ordinances, regulations and statutes. B. Perform removal work without damage to adjacent retained work C. Where adjacent Work is damaged: 1. Patch, repair, or otherwise restore to previous condition. D. Remove debris from the work area at the end of each workday (minimum). 1. Place debris in approved containers to prevent the spread of dust and dirt. E. Execute the Work in a careful and orderly manner with minimal disturbance to the public and building occupants. SELECTIVE SITE DEMOLITION ©2012 Stantec ( 193800463/000332-11135-0 02 41 13-1 SECTION 22 OS 00 COMMON WORK RESULTS FOR PLUMBING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for plumbing systems: a. Quality Assurance. b. Delivery, storage and handling. 2. Pipe, pipe fittings and installation requirements: a. Facility water distribution. 3. General duty valves. 4. Backflow Preventer. 5. Pipe hangers, supports and sleeves. 6. Pipe identification. 7. Cleaning. B. Brief Description: Provide make-up water piping and backflow prevention devices for heating system. C. Related Sections: 1. Section 01 03 00 - Alternates. 2. Section 01 10 00 - Summary. 3. Section 01 31-00 - Project Management and Coordination 4. Section 01 33 00 - Submittal Procedures: Construction Schedule. 5. Section 01 33 00 - Submittal Procedures: Submittal procedures including test results. 6. Section 01 40 00 - Quality requirements: Testing requirements. 7. Section 01 60 00 - Product Requirements: Substitutions, delivery and storage requirements. 8. Section 01 70 00 - Execution requirements: Installation and close-out procedures. 9. Section 01 78 23 - Operation and Maintenance Manuals: Submittal requirements. 10. Section 01 78 36 - Warranties: Submittal and delivery requirements. 11. Section 22 07 00 - Plumbing Insulation: Insulation requirements related to sizing pipe hangers to encompass insulation. 12. Section 23 05 00 Common Work results for HVAC: Administrative and procedural requirements for HVAC ductwork, piping and equipment. 13. Section 23 11 23 - Facility Natural-Gas Piping. 1.02 REFERENCES A. American Society of Mechanical Engineers (ASME): 1. A13.1 - Scheme for the Identification of Piping Systems. 2. B16.18 - Cast Copper Alloy Solder Joint Pressure Fittings. 3. B16.22 - Wrought Copper and Copper Alloy Solder Joint Pressure Fittings. 4. B31.9 - Building Services Piping. B. ASTM International (ASTM): 1. B88 - Standard Specification for Seamless Copper Water Tube. 2. E84 - Standard Test Method for Surface Burning Characteristics of Building Materials. 3. E119 - Standard Test Methods for Fire Tests of Building Construction and Materials. COMMON WORK RESULTS FOR PLUMBING ©2012 Stantec 1 193800463/000332-11135-0 22 05 00-1 C. Provide temporary caps on fittings and valves removed from shipping containers and not immediately installed. D. Protect piping from entry of foreign materials using temporary covers for idle sections of the Work. 1.06 ENVIRONMENTAL REQUIREMENTS A. Section 01 60 00: Environmental conditions affecting products on site. 1.07 COORDINATION A. Section 01 30 00 - Administrative Requirements: Requirements for coordination. 1.08 WARRANTY A. Section 01 07 00: Product warranties and product bonds. PART 2 PRODUCTS 2.01 DOMESTIC WATER PIPING, ABOVE GRADE A. Copper Tubing: ASTM B88, Type L seamless, hard temper: 1. Fittings: ASME B16.18, wrought copper. 2. Joints: 95/5 solder or brazing. B. Copper Tubing: ASTM B88, Type L, seamless, rolled grooved ends: 1. Fittings: ASME B16.18 cast copper alloy or ASME B16.22 wrought copper and bronze, grooved ends: 2. For sizes 1-1/2 inches and smaller, fittings may be Victaulic Permalynx, complete with 301 stainless steel internal components and EPDM seals. a. Copper-tube dimensions. 3. Grooved mechanical couplings meeting ASTM F1476: a. Grooved Joints: Installation-Ready; Victaulic Style 607. b. Housing: ASTM A395/A395M and ASTM A536 ductile iron, enamel coated, compatible with copper tubing sizes, to engage and lock designed to permit angular deflection, contraction, and expansion. c. Gasket: Elastomer composition certified for operating temperature range from 35 degrees F to 230 degrees F. d. Accessories: Anodized or stainless steel bolts, nuts, and washers. 2.02 EQUIPMENT DRAINS AND OVERFLOWS A. Copper Tubing: ASTM B88, Type M, hard temper. 1. Fittings: ASME B16.18, cast brass, or ASME B16.22 solder wrought copper. 2. Joints: ASTM B32, Alloy Grade Sb5 tin-antimony, or Alloy Grade Sn95 tin-silver, lead free solder. 2.03 BALL VALVE A. Manufacturers: 1. Apollo Valve. 2. Grinnell. 3. Milwaukee. COMMON WORK RESULTS FOR PLUMBING ©2012 Stantec 1 193800463/000332-11135-0 22 05 00-3 2.07 ACCESSORIES A. Hanger Rods: Mild steel threaded both ends, threaded on 1 end, or continuous threaded. 2.08 SLEEVES A. Sleeves for Pipes Through Non-fire Rated Beams, Walls, Footings, and Potentially Wet Floors: Steel pipe or 18 gage thick galvanized steel. 2.09 STENCILS A. Clean cut symbols and letters of following size: 1. Up to 2 Inches Outside Diameter of Insulation or Pipe: 1/2 inch high letters. 2. 2-1/2 to 6 Inches Outside Diameter of Insulation or Pipe: 1 inch high letters. B. Stencil Paint: Semi-gloss enamel, colors and lettering size conforming to ASME A13.1. 2.10 PIPE MARKERS A. Color and Lettering: Conform to ASME A13.1. B. Plastic Pipe Markers: 1. Manufacturers: a. W.H. Brady. b. Marketing Systems, Inc. c. MSI. d. Seton Identification Products. 2. Factory fabricated, flexible, semi-rigid plastic, preformed to fit around pipe or pipe covering. Larger sizes may have maximum sheet size with spring fastener. C. Plastic Tape Pipe Markers: 1. Manufacturers: a. W.H. Brady. b. Marketing Systems, Inc. c. MSI. d. Seton Identification Products. 2. Flexible, vinyl film tape with pressure sensitive adhesive backing and printed markings. PART 3 EXECUTION 3.01 EXAMINATION A. Section 01 70 00: Verification of existing conditions before starting work. B. Verify piping elevations with respect to building finished floor elevations and site provisions. 3.02 PREPARATION A. Ream pipe and tube ends. Remove burrs. Bevel or groove plain end ferrous pipe. B. Remove scale and dirt on inside and outside before assembly. COMMON WORK RESULTS FOR PLUMBING ©2012 Stantec 1 193800463/000332-11135-0 22 05 00-5 3.06 VALVE INSTALLATION A. Install valves with stems upright or horizontal, not inverted. B. Install brass male adapters each side of valves in copper piped system. Solder adapters to pipe. C. Install valves with clearance for installation of insulation and allowing access. D. Refer to Section 22 07 00 for insulation requirements for valves. 3.07 HANGER SCHEDULE PIPE HANGER SPACING MAXIMUM HANGER ROD PIPE MATERIAL HANGER SPACING DIAMETER Feet Inches Copper Tube, 1-1/4 inches and smaller 6 1/2 Copper Tube, 1-1/2 inches and larger 10 1/2 3.08 VALVE APPLICATIONS A. Install ball valves for shut-off service and to isolate equipment, part of systems, or vertical risers. 3.09 PIPE IDENTIFICATION A. Use pressure sensitive labels, pre-formed markers or stenciling. B. Include labeling of service, direction of flow and tape bands at each end of labels with approved colors. C. Stencils: Black letters on a yellow background using stenciling brushes. Provide stencils for pipe service and direction of flow. 1 inch minimum height. D. Provide pipe identification for exposed piping within the building and in accessible concealed spaces, such as above lay-in ceilings and at access panels. Minimum locations: 1. At not more than 30 foot intervals on straight runs of pipes. 2. Wherever a pipe turns 90 degrees. 3. Wherever a pipe passes through a wall, on both sides. 4. At other locations deemed necessary for ease of maintenance, e.g. access panels. E. Piping that does not require identification: 1. Fixture supplies. F. Abbreviations: label the piping as follows: 1. Domestic Cold Water CW COMMON WORK RESULTS FOR PLUMBING ©2012 Stantec 1 193800463/000332-11135-0 22 05 00-7 SECTION 22 07 00 PLUMBING INSULATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Plumbing piping insulation,jackets and accessories. B. Related Sections: 1. Section 22 05 00 Common work Results for Plumbing -Administrative and procedural requirements. Hanger sizes for insulated pipes, pipe identification. 1.02 REFERENCES A. ASTM International (ASTM): 1. C547 - Standard Specification for Mineral Fiber Pipe Insulation. 2. E84 - Standard Test Method for Surface Burning Characteristics of Building Materials. 3. C450 - Standard Practice for Fabrication of Thermal Insulating Fitting Covers for NPS Piping, and Vessel Lagging. 4. C585 - Standard Practice for Inner and Outer Diameters of Rigid Thermal Insulation for Nominal Sizes of Pipe and Tubing (NPS System). 5. C921 - Standard Practice for Determining the Properties of Jacketing Materials for Thermal Insulation. 6. C1136 - Standard Specification for Flexible, Low Permeance Vapor Retarders for Thermal Insulation. 7. D1784 - Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 8. E96/E96M - Standard Test Methods for Water Vapor Transmission of Materials. B. National Fire Protection Association (NFPA): 1. 255 —Standard Method of Test of Surface Burning Characteristics of Building Materials. C. Underwriters Laboratories, Inc. (UL): 1. UL-723 —Tests for Surface Burning Characteristics of Building Materials. 1.03 QUALITY ASSURANCE A. Pipe insulation: Maximum flame spread index of 25 and maximum smoke developed index of not exceeding 50 in accordance with ASTM E84, UL-723, and NFPA 255. B. Manufacture pipe insulation in accordance with ASTM C585 for inner and outer diameters. C. Manufacture fabricated fitting covers in accordance with ASTM C450. D. Maintain insulation flame spread and smoke developed ratings by using adhesives, mastics, cement, tape and glass cloth that retains ratings at installed conditions. PLUMBING INSULATION ©2012 Stantec 1 193800463/000332-11135-0 22 07 00-1 2. Water Vapor Permeance: ASTM E96/E96M; 0.02 perms. 2.04 PIPE INSULATION ACCESSORIES A. Vapor Retarder Lap Adhesive: Compatible with insulation. B. Covering Adhesive Mastic: Compatible with insulation. C. Piping 1-1/2 Inches Diameter and Smaller: Galvanized steel insulation protection shield. MSS SP-69, Type 40. Length: Based on pipe size and insulation thickness. D. Adhesives: Compatible with insulation. PART 3 EXECUTION 3.01 EXAMINATION A. Section 01 30 00 - Administrative Requirements: Coordination and project conditions. B. Verify piping and equipment has been tested before applying insulation materials. C. Verify surfaces are clean and dry, with foreign material removed. 3.02 GLASS FIBER INSULATION WITH AP JACKET A. Insulate piping with fiberglass insulation and all purpose jacket: 1. Apply insulation to clean piping. Verify that insulation is correct size to snugly fit around exterior of specific piping material to be insulated. Apply mastic to piping to temporarily secure insulation to pipes when jacket is not permanently affixed to outside of insulation system. 2. Seal jackets and end laps with mastic applied to 2 surfaces or with self-sealing type lap system. Seal exposed ends of insulation with a full coat of mastic. 3. Finish fittings, valve bodies and flanges for pipe sizes 4 inches and smaller with mineral fiber cement to same thickness as adjacent pipe insulation. 3.03 INSTALLATION - PIPING SYSTEMS A. Piping Exposed to View in Finished Spaces: Locate insulation and cover seams in least visible locations. B. Continue insulation through penetrations of building assemblies or portions of assemblies having fire resistance rating of 1 hour or less. Provide intumescent firestopping when continuing insulation through assembly. Finish at supports, protrusions, and interruptions. C. Piping Systems Conveying Fluids Below Ambient Temperature: 1. Insulate entire system including fittings, valves, unions, flanges, strainers, flexible connections, pump bodies, and expansion joints. 2. Furnish factory-applied or field-applied vapor retarder jackets. Secure factory-applied jackets with pressure sensitive adhesive self-sealing longitudinal laps and butt strips. Secure field- applied jackets with outward clinch expanding staples and seal staple penetrations with vapor retarder mastic. 3. Insulate fittings, joints, and valves with molded insulation of like material and thickness as adjacent pipe. Finish with glass cloth and vapor retarder adhesive or PVC fitting covers. PLUMBING INSULATION ©2012 Stantec 1 193800463/000332-11135-0 22 07 00-3 SECTION 23 05 00 COMMON ORK RESULTS FOR HVAC PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Administrative requirements for HVAC systems: a. Submittals. b. Quality Assurance. c. Delivery, storage and handling. 2. Pipe and pipe fittings: a. Heating water piping. b. Equipment drains. 3. General duty valves. 4. Pipe hangers and supports. a. Hanger rods. b. Sleeves. c. Equipment bases. 5. Pipe and equipment identification. a. Tags. b. Stencils. c. Pipe markers. d. Labels. B. Related Sections: 1. Section 01 03 00 - Alternates. 2. Section 01 10 00 - Summary. 3. Section 01 31 00 - Project Management and Coordination. 4. Section 01 33 00 - Submittal Procedures: Construction Schedule. 5. Section 01 33 00 - Submittal Procedures: Submittal procedures including test results. 6. Section 01 40 00 - Quality requirements: Testing requirements. 7. Section 01 60 00 - Product Requirements: Substitutions, delivery and storage requirements. 8. Section 01 70 00 - Execution requirements: Installation and close-out procedures. 9. Section 01 78 23 - Operation and Maintenance Manuals: Submittal requirements. 10. Section 01 78 36 - Warranties: Submittal and delivery requirements. 11. Section 22 05 00 Common Work results for Plumbing: Administrative, and procedural requirements for plumbing piping. 12. Section 23 07 00 - HVAC Insulation: Insulation requirements related to sizing pipe hangers to encompass insulation. 13. Section 23 11 23 - Facility Natural-Gas Piping: Piping materials and valves for natural gas. 1.02 REFERENCES A. American Society of Mechanical Engineers (ASME): 1. A13.1 - Scheme for the Identification of Piping Systems. 2. B16.3 - Malleable Iron Threaded Fittings. 3. B16.4 - Gray Iron Threaded Fittings. 4. B16.18 - Cast Copper Alloy Solder Joint Pressure Fittings. 5. B16.22 - Wrought Copper and Copper Alloy Solder Joint Pressure Fittings. COMMON WORK RESULTS FOR HVAC ©2012 Stantec 1 193800463/000332-11135-0 23 05 00-1 D. Product Data: 1. Identify specific products to be used on the Project. 2. Submit data on pipe materials and fittings including project application. 3. Submit data on general duty valves. 4. Catalog data for equipment labels, valve tags and pipe identification. E. Closeout Submittals: 1. Submit copies of inspector acceptance of gas piping and mechanical work. 2. Submit Operation and Maintenance manuals in accordance with Section 01 78 23. F. Project Record Documents: 1. Record actual locations of tagged valves; include valve tag numbers. 1.04 QUALITY ASSURANCE A. Perform Work in accordance with ASME B31.9 code for installation of piping systems. B. Use joint grooving tools and materials provided from a single manufacturer. C. Furnish date stamped castings for couplings, fittings and valve bodies. D. Perform Work in accordance with Minnesota State Building Code. E. Conform to ASME A13.1 for color scheme for identification of piping systems and accessories. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum 3 years experience. B. Installer: Company specializing in performing work of this section with minimum 3 years experience. 1.06 DELIVERY, STORAGE, AND HANDLING A. Section 01 60 00 - Product Requirements: Requirements for transporting, handling, storing, and protecting products. B. Furnish temporary end caps and closures on pipes. C. Provide temporary caps on fittings and valves removed from shipping containers and not immediately installed. D. Protect piping from entry of foreign materials using temporary covers for idle sections of the Work. PART 2 PRODUCTS 2.01 HEATING WATER PIPING A. Steel Pipe: ASTM A53/A53M, Schedule 40, 0.375 inch wall for sizes 12 inch and larger, black. 1. Fittings: ASME B16.3, malleable iron or ASTM A234/A234M, forged steel welding type. 2. Joints: Threaded for pipe 2 inch and smaller; welded for pipe 2-1/2 inches and larger. COMMON WORK RESULTS FOR HVAC ©2012 Stantec 1 193800463/000332-11135-0 23 05 00-3 4. Grooved mechanical couplings for grooved piping systems. 2.04 GATE VALVES A. Manufacturers: 1. Crane 2. Grinnell. 3. Hammond. 4. Milwaukee. 5. Nibco, Inc. 6. Stockham. B. 2 inch and smaller: 1. MSS SP-80, 200 psi CWP, rising stem, screw-in bonnet. 2. Bronze body, bonnet, external stuffing box and wedge; ASTM B-62. 3. Stem: Silicon bronze, ASTM B-371 or low-zinc alloy B-99. 4. Non-asbestos packing and malleable or ductile iron handwheel. 5. Threaded ends. 2.05 BALL VALVE A. Manufacturers: 1. Apollo Valve. 2. Grinnell. 3. Milwaukee. 4. Nibco, Inc. 5. Watts. B. 2 Inches and Smaller: MSS SP 110. 1. 600 WOG, 2-piece, forged brass body. 2. Chrome plated brass or stainless steel ball. 3. Reinforced PTFE seats. 4. Extended stems for insulation. 5. Threaded ends. 2.06 CHECK VALVES A. Manufacturers: 1. Crane 2. Grinnell. 3. Hammond. 4. Milwaukee. 5. Nibco, Inc. 6. Stockham. B. 2 inch and smaller: 1. 200 pound CWP, bronze body, bronze disc. 2. Buna-N coated bronze seat disc. 3. Threaded ends. 2.07 GLOBE VALVES A. Manufacturers: COMMON WORK RESULTS FOR HVAC ©2012 Stantec 1 193800463/00033241135-0 23 05 00-5 1. Hanger Rods: Mild steel threaded both ends, threaded on one end, or continuous threaded. 2.10 SLEEVES A. Sleeves for Pipes through Floors: Schedule 10 steel pipe or 18 gage galvanized steel sheet metal. B. Sleeves for pipes through beams and masonry walls: Schedule 10 steel pipe or 18 gage galvanized steel sheet metal. 24 gage galvanized sheet metal for gypsum wall board sleeves. 2.11 CONCRETE PADS • A. 4000 psi compressive strength after 28 days. B. Coarse aggregate ASTM C33: Size 67 or Size 8. C. Slump 2 inches ± 1 inch. 2.12 FORMED STEEL CHANNEL A. Manufacturers: 1. Elcen. 2. B-Line Systems. 3. Hilti. 4. Powerstrut, Inc. 5. Unistrut Corp. 6. Fee and Mason. B. Product Description: Galvanized 12 gage thick steel. With holes 1-1/2 inches on center. 2.13 VALVE TAGS A. Metal Tags: 1. Manufacturers: a. W.H. Brady. b. Marketing Systems, Inc. c. MSI. d. Seton Identification Products. 2. Brass or Aluminum with stamped letters; tag size minimum 1-1/2 inches diameter with finished edges. 2.14 STENCILS A. Clean cut symbols and letters of following size: 1. Up to 2 Inches Outside Diameter of Insulation or Pipe: 1/2 inch high letters. 2. 2-1/2 to 6 Inches Outside Diameter of Insulation or Pipe: 1 inch high letters. 3. Over 6 Inches Outside Diameter of Insulation or Pipe: 1-3/4 inches high letters. 4. HVAC Equipment: 1-3/4 inches high letters. B. Stencil Paint: Semi-gloss enamel, colors and lettering size conforming to ASME A13.1. 2.15 PIPE MARKERS A. Color and Lettering: Conform to ASME A13.1. COMMON WORK RESULTS FOR HVAC ©2012 Stantec 193800463/000332-11135-0 23 05 00-7 B. Support horizontal piping as scheduled. C. Install hangers with minimum 1/2-inch space between finished covering and adjacent work. D. Place hangers within 12 inches of each horizontal elbow. E. Use hangers with 1-1/2 inch minimum vertical adjustment. F. Support vertical piping at every floor. G. Where piping is installed in parallel and at same elevation, provide multiple pipe or trapeze hangers. H. Support riser piping independently of connected horizontal piping. I. Provide copper plated hangers and supports for copper piping or sheet lead packing between hanger or support and piping. 3. Design hangers for pipe movement without disengagement of supported pipe. K. Prime coat exposed steel hangers and supports. Hangers and supports located in crawl spaces, pipe shafts, and suspended ceiling spaces are not considered exposed. L. Provide clearance in hangers and from structure and other equipment for installation of insulation. 3.04 INSTALLATION - EQUIPMENT BASES AND SUPPORTS A. Provide housekeeping pads of concrete, minimum 3-1/2 inches thick and extending 6 inches beyond supported equipment. B. Using templates furnished with equipment, install anchor bolts, and accessories for mounting and anchoring equipment. C. Construct supports of steel members, formed steel channel, or steel pipe and fittings. Brace and fasten with flanges bolted to structure. D. Provide rigid anchors for pipes after vibration isolation components are installed. 3.05 INSTALLATION - SLEEVES A. Size sleeves large enough to allow for movement due to expansion and contraction. Provide for continuous insulation wrapping. B. Where piping or ductwork penetrates floor, ceiling, or wall, close off space between pipe or duct and adjacent work with stuffing or firestopping insulation and caulk airtight. Provide close fitting metal collar or escutcheon covers at both sides of penetration. C. Install chrome plated steel escutcheons at finished surfaces. 3.06 INSTALLATION - PIPING A. Route piping in orderly manner and maintain gradient. Route parallel and perpendicular to walls. COMMON WORK RESULTS FOR HVAC ©2012 Stantec 193800463/000332-11135-0 23 05 00-9 F. Refer to Section 23 07 00 for insulation requirements for valves. G. Install control valves furnished by the Owner's temperature control contractor. 3.08 HANGER SCHEDULE A. Copper and Steel Pipe Hanger Spacing: COPPER TUBING COPPER TUBING STEEL PIPE STEEL PIPE MAXIMUM HANGER ROD MAXIMUM HANGER ROD PIPE SIZE HANGER SPACING DIAMETER HANGER SPACING DIAMETER Inches Feet Inches Feet Inches 1/2 5 3/8 7 3/8 3/4 5 3/8 7 3/8 1 6 3/8 7 3/8 1-1/4 7 3/8 7 3/8 1-1/2 8 3/8 9 3/8 2 8 3/8 10 3/8 2-1/2 9 1/2 11 1/2 3 10 1/2 12 1/2 4 12 1/2 14 5/8 5 13 1/2 16 5/8 6 14 5/8 17 3/4 8 16 3/4 19 3/4 B. Note 1: Refer to manufacturer's recommendations for grooved end piping systems. 3.09 VALVE APPLICATIONS A. Install gate valves in hydronic system piping over 2 inch for shut-off service. B. Install ball valves in hydronic system piping up to 2 inch for shut-off service. C. Install ball valves for shut-off and to isolate equipment, part of systems, or vertical risers. D. Install shutoff and drain valves at locations indicated on Drawings and/or specified herein. E. Install spring loaded check valves on discharge of pumps. F. Install balancing valves downstream of boiler pumps, circulating pumps and terminal devices. 1. Up to 3 size: Install with 3 pipe diameters straight pipe at inlet and 1 at outlet. 2. 4 inch and larger: Install with 5 pipe diameters straight pipe at inlet and 2 at outlet. 3. Follow manufacturer's recommendations if more stringent than stated above. 3.10 CONCRETE EQUIPMENT PADS A. Provide concrete housekeeping pads under floor mounted equipment. 3-1/2 inch minimum thickness, extending 6 inches beyond the supported equipment. COMMON WORK RESULTS FOR HVAC ©2012 Stantec 1 193800463/000332-11135-0 23 05 00-11 A. Sections 01 40 00 and 01 70 00: Field inspecting, testing, adjusting, and balancing. B. On-Site Training for grooved Couplings: 1. Provide coupling manufacturer's representative to provide on-site training for contractor's field personnel in the use of grooving tools and installation of grooved joint products. 2. The representative is to periodically visit the jobsite and verify installers are following best recommended practices in grooved product installation. C. Test heating water piping system in accordance with ASME B31.9. 3.15 CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and trash from site periodically and dispose off-site. E. Refer to Section 01 70 00: Requirements for cleaning. F. Refer to Section 23 52 00 for heating system cleaning requirements. END OF SECTION COMMON WORK RESULTS FOR HVAC ©2012 Stantec 1 193800463/000332-11135-0 23 05 00- 13 SECTION 23 07 00 HVAC INSULATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes HVAC Insulation for equipment, piping and ductwork. B. Related Sections: 1. Section 09 91 00 - Painting: Requirements for painting insulation jackets and covering. 2. Section 23 05 00 - Common Work Results for HVAC: Hanger sizes for insulated pipes, pipe identification. 1.02 REFERENCES A. ASTM International (ASTM): 1. C547 - Standard Specification for Mineral Fiber Pipe Insulation. 2. E84—Standard Test Method for Surface Burning Characteristics of Building Materials. 3. C450 - Standard Practice for Fabrication of Thermal Insulating Fitting Covers for NPS Piping, and Vessel Lagging. 4. C585 - Standard Practice for Inner and Outer Diameters of Rigid Thermal Insulation for Nominal Sizes of Pipe and Tubing (NPS System). 5. C921 - Standard Practice for Determining the Properties of Jacketing Materials for Thermal Insulation. 6. C1136 - Standard Specification for Flexible, Low Permeance Vapor Retarders for Thermal Insulation. 7. D1784 - Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 8. E96/E96M - Standard Test Methods for Water Vapor Transmission of Materials. B. Sheet Metal and Air Conditioning Contractors (SMACNA): 1. HVAC Duct Construction Standard - Metal and Flexible. C. National Fire Protection Association (NFPA): 1. 255 —Standard Method of Test of Surface Burning Characteristics of Building Materials. D. Underwriters Laboratories Inc. (UL): 1. 723 —Tests for Surface Burning Characteristics of Building Materials. 1.03 SUBMITTALS A. Section 01 33 00 - Submittal Procedures: Submittal procedures. B. Product Data: Submit product description, thermal characteristics and list of materials and thickness for each service, and location. 1.04 QUALITY ASSURANCE A. Pipe insulation: Maximum flame spread index of 25 and maximum smoke developed index of not exceeding 50 in accordance with ASTM E84, UL-723, and NFPA 255. HVAC INSULATION ©2012 Stantecl 193800463/000332-11135-0 23 07 00- 1 3. Vapor Barrier Jacket: ASTM C1136, Type I, factory applied reinforced foil kraft with self-sealing adhesive joints. 4. Jacket Temperature Limit: minus 20 to 150 degrees F. 2.03 PIPE INSULATION JACKETS A. Vapor Retarder Jacket: 1. ASTM C921, white Kraft paper with glass fiber yarn, bonded to aluminized film. 2. Water Vapor Permeance: ASTM E96/E96M; 0.02 perms. B. PVC Plastic Pipe Jacket: 1. Product Description: ASTM D1784, One piece molded type fitting covers and sheet material, off-white color. 2. Thickness: 15 mil. 3. Connections: Pressure sensitive color matching vinyl tape. 2.04 INSULATION ACCESSORIES A. Vapor Retarder Tape: 1. Kraft paper reinforced with glass fiber yarn and bonded to aluminized film, with pressure sensitive rubber based adhesive. B. Vapor Retarder Lap Adhesive: Compatible with insulation. C. Covering Adhesive Mastic: Compatible with insulation. D. Piping 1-1/2 inches diameter and smaller: Galvanized steel insulation protection shield. MSS SP-69, Type 40. Length: Based on pipe size and insulation thickness. E. Piping 2 inches diameter and larger: Wood insulation saddle, hard maple. Inserts length: not less than 6 inches long, matching thickness and contour of adjoining insulation. F. Adhesives: Compatible with insulation. 2.05 SHEET METAL BLANK OFFS A. Blank offs for wall louvers: Double wall sheet metal panels internally insulated with 2 inches, 3-pound density rigid glass fiber insulation. 2.06 SADDLES INSERTS AND SHIELDS A. Pipe Saddles: 1. For pipe 2 1/2 inch and smaller: treated wood blocks sized to match insulation thickness. 2. For pipe 3 inch and larger: Manufactured steel saddle with legs sized to match insulation thickness. B. Inserts: calcium silicate or glass fiber pipe insulation cut to completely fill the void created by the saddle. 1. Length: 2 inches longer than saddles (minimum). C. Shields shall be 16 gauge galvanized steel (for pipe sizes 4 inches and smaller) and 14 gauge (for pipe larger than 4 inches): 1. Length: 12 inch minimum. HVAC INSULATION ©2012 Stanteci 193800463/000332-11135-0 23 07 00-3 D. Saddles, Inserts and Shields: 1. Install insert to completely fill the void between the pipe and the saddle. a. Insert Configuration: Thickness and contour matching pipe and interior of saddle. 2. Install galvanized steel shield between pipe hanger and insulation jacket. 3. Piping Supported by Roller Type Pipe Hangers: Install galvanized steel shield between roller and insulation jacket. E. Refer to insulation schedule for applicable types and thicknesses. 3.04 SCHEDULES A. Heating Services Piping Insulation Schedule: INSULATION PIPING SYSTEM INSULATION PIPE SIZE THICKNESS TYPE inches Heating Water Supply and P-1 3 inches and smaller 1.0 Return (141 to 200 degrees F) 4 inches and larger 1.5 END OF SECTION HVAC INSULATION ©2012 Stantecl 193800463/000332-11135-0 23 07 00-5 SECTION 23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC (FOR REFERENCE) PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Additions to existing Johnson Controls Digital Control System including: a. Scheduling for device control. b. LAN interface c. Programming, equipment set-up and commissioning. 2. Control Devices a. Control panel enclosures and controllers. b. Temperature sensors. c. Control valves. d. Electronic valve actuators. 3. LAN and device communication wiring. B. Related Sections: 1. Section 23 07 00 - Sequence of Operations for HVAC: Sequences of operation implemented using products specified in this section. 2. Section 23 21 23 -Thermometer sockets and gage taps. Installation requirements for piping products furnished in this section. 1.02 DEFINITIONS AND ABBREVIATIONS A. DDC: Direct-digital controls. B. LAN: Local area network. C. MS/TP: Master-slave/token-passing. D. PICS: Protocol Implementation Conformance Statement. E. PLC: Programmable Logic Controller. 1.03 SYSTEM DESCRIPTION A. Control system consists of sensors, indicators, actuators, final control elements, interface equipment, other apparatus, accessories, and software connected to distributed controllers operating in multiuser, multitasking environment on token-passing network and programmed to control mechanical systems. 1.04 REFERENCES A. Air Movement and Control Association International, Inc. (AMCA): 1. 500 -Test Methods for Louvers, Dampers, and Shutters. B. American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE): 1. 62 - Ventilation for Acceptable Indoor Air Quality. INSTRUMENTATION AND CONTROL FOR HVAC (FOR REFERENCE) ©2012 Stantec 1 193800463/000332-11135-0 23 09 00-1 d. Warranties. 3. Submit inspection period, cleaning methods, recommended cleaning materials. 4. Calibration records, calibration tolerances and list of point settings. B. Software and Firmware Operational Documentation: Include the following: 1. Software operating and upgrade manuals. 2. Program Software Backup: On a magnetic media or compact disc, complete with data files. 3. Device address list. 4. Printout of software application and graphic screens. 5. Software license required by and installed for DDC workstations and control systems. C. Field Test Reports: 1. Submit trend logs demonstrating stable control of points with modulating control output. a. 10 percent of analog control points (minimum) recorded during functional testing. b. Specific points will be identified by the Engineer or Commissioning Authority. 1.07 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with ASHRAE 135 for DDC system control components operating on the LAN. C. Control Air Damper Performance: Test in accordance with AMCA 500. 1.08 QUALIFICATIONS A. Manufacturer: Johnson Controls or affiliate.. B. Installer: Horwitz/NSI or affiliate. 1.09 DELIVERY, STORAGE, AND HANDLING A. Section 01 60 00: Product storage and handling requirements. B. Accept controls on site in original factory packaging Inspect for damage. 1.10 COORDINATION A. Section 01 30 00: Requirements for coordination. B. Coordinate location of thermostats, humidistats, and other exposed control sensors with plans and room details before installation. C. Coordinate equipment with Division 26 Section Fire Alarm System to achieve compatibility with equipment that interfaces with that system. D. Coordinate supply of conditioned electrical circuits for control units and operator workstation. E. Coordinate equipment with Division 26 specifications to achieve compatibility with motor starters, starter coils and annunciation devices. INSTRUMENTATION AND CONTROL FOR HVAC (FOR REFERENCE) ©2012 Stantec 1 193800463/000332-11135-0 23 09 00-3 D. Local Control Units: Modular, comprising processor board with electronically programmable, nonvolatile, read-only memory; and backup power source. 1. Units monitor or control each input/output point; process information; and download from or upload to operator station. 2. Stand-alone mode control functions operate regardless of network status. Functions include the following: a. Global communications. b. Discrete/digital, analog, and pulse input/output. c. Monitoring, controlling, or addressing data points. 3. Local operator interface provides for download from or upload to mobile operator station. 4. BACnet Conformance: Reside on BACnet LAN using MS/TP, Class 2, minimum, with at least 1 communication port, and have minimum capabilities defined in PICS for the following areas: a. Network. b. Functional groups. c. Standard application services supported. d. Standard objects supported. E. LANs: Capacity for a minimum of 5 workstations connected to multiuser, multitasking environment with concurrent capability to access DDC network or control units. 1. Media: Ethernet, peer-to-peer CMA/CD, operating at 10/100 MBps. Plenum rated, category 5e or higher. F. Software: Update to latest version of software at Project completion. Include and implement the following capabilities from the control units: 1. Units of Measure: Inch-pound and SI (metric). 2. HVAC Control Programs: Start/stop scheduling, start/stop time optimization, night setback/setup, DDC with fine tuning, supply-air reset, and enthalpy switchover. 3. HVAC Control Programs: Optimal run time. 4. Programming Application Features: a. High and low limit alarm messages. b. Scheduling by day, week, month and interlocking. c. Trend logs for outside air temperatures, heating water supply and return temperatures, heating zone valve positions. d. Trend logs for monitoring points: 1) Boiler operational and % output. 2) Pump status and VFD output. 2.03 CONTROL PANELS A. Local Control Panels: Unitized cabinet with suitable brackets for wall mounting, located adjacent to each system under automatic control. 1. Fabricate panels of 0.06-inch thick (16 gage), furniture-quality steel, or extruded-aluminum alloy, totally enclosed, with hinged doors and keyed lock and with manufacturer's standard shop-painted finish. 2. Panel-Mounted Equipment: Temperature and humidity controllers, relays, and automatic switches; except safety devices. Mount devices with adjustments accessible through front of panel. 3. Door-Mounted Equipment: Flush-mount (on hinged door) manual switches, including damper- positioning switches, changeover switches, thermometers, and gages. INSTRUMENTATION AND CONTROL FOR HVAC (FOR REFERENCE) ©2012 Stantec 193800463/000332-11135-0 23 09 00-5 2.07 CONTROL VALVES A. Globe Pattern: 1. 2 inches and Smaller: Bronze body, bronze trim, rising stem, renewable composition disc, screwed ends with back seating capacity packable under pressure. 2. 2-1/2 inches and Larger: Iron body, bronze trim, rising stem, plug-type disc, flanged ends, renewable seat and disc. 3. Hydronic Systems: a. Rate for service pressure of 125 psig at 250 degrees F. b. Replaceable plugs and seats of stainless steel. c. Sizing: Size for 3 psig maximum pressure drop at design flow rate. d. Furnish two-way valves with equal percentage characteristics. Furnish three way valves with linear characteristics. Size two way valve actuators to close valves against pump shut off head. B. Ball Valves: 1. Threaded ends for 2-way valves 3 inches and smaller. Threaded ends for 3-way valves 2 inches and smaller. 2. Forged brass body, chrome plated brass ball and blowout proof stem and EPDM 0-rings with minimum 600 psig rating. 3. Fluid Temperature Range: minus 20 to 250 degrees F. 4. Sizing: 3 psig maximum pressure drop at design flow rate. 5. Flow Characteristics: Furnish 2-way valves with equal percentage characteristics. Furnish 3-way valves with equal percentage characteristic through control port and linear characteristic through bypass port. 6. Size 2-way valve actuators to close valves against pump shut off head. 2.08 ELECTRIC VALVE ACTUATORS A. Fully factory assembled. Size to operate with sufficient reserve power to provide smooth modulating action or 2-position action under every condition. B. Motor: Permanent split-capacitor or shaded-pole type. Gear trains completely oil immersed and sealed. Furnish spring-return motors with integral spiral-spring mechanism in housings designed for easy removal for service or adjustment of limit switches, auxiliary switches, or feedback potentiometer. C. Actuator: Direct-coupled type non-hydraulic designed for minimum 60,000 full-stroke cycles at rated torque. Furnish actuator with rating of not less than twice thrust needed for actual operation of valve. 1. Coupling: V-bolt and V-shaped, toothed cradle. 2. Overload Protection: Electronic overload or digital rotation-sensing circuitry. 3. Fail-Safe Operation: Mechanical, spring-return mechanism. Furnish external, manual gear release on non-spring-return actuators. 4. Furnish spring-return actuators with manual override. Complete manual override to take no more than 10 turns. 5. Power Requirements: a. 2-Position Spring Return: 24 volt AC or DC, maximum 10 vA. b. Modulating: 24 volt AC, maximum 15 vA. c. Proportional Signal: 2 to 10 volt dc or 4 to 20 mA. 6. Temperature Rating: 40 to 104 degrees F. 7. Run Time: 200 seconds open, 40 seconds closed. INSTRUMENTATION AND CONTROL FOR HVAC(FOR REFERENCE) ©2012 Stantec 1 193800463/000332-11135-0 23 09 00-7 E. Label visible sensors as to function and controlled device. Conceal labels behind device cover. F. Furnish hydronic instrument wells, valves, and other accessories to contractor installing hydronic piping. G. Install control panels adjacent to associated equipment on walls or freestanding supports. Install engraved plastic nameplates for instruments and controls inside cabinet and engraved plastic nameplates for control panel on cabinet face. Label with equipment or system designation. H. Install "hand/off/auto" selector switches to override automatic interlock controls when switch is in "hand" position. Do not override safety controls. I. Install conduit and electrical wiring in accordance with Division 26. 3.03 FIELD QUALITY CONTROL A. Manufacturer's Field Service: Engage a factory-authorized service representative to inspect field- assembled components, equipment installation and electrical connections. Report results in writing. B. Verify DDC as follows: 1. Verify operation of remote internet access. 2. Verify local control unit functionality including self-diagnostics. 3. Verify software programming including, but not limited to: a. Automatic restart. b. Control sequences. c. Scheduling. d. Reset controls. e. Occupied/unoccupied and seasonal modes. 4. Provide commissioning report indicating that each point has been tested for proper wiring termination and functionality. C. Testing and Adjusting: 1. Test control functionality at the device and system levels prior to Owner training. 2. Calibrate and adjust control settings to achieve stable output signals. 3. Adjust PID loop inputs to minimize hunting and overshooting the control settings. D. Replace damaged or malfunctioning controls. 3.04 DEMONSTRATION A. Demonstrate room temperature sensor calibration to the satisfaction of the Engineer. B. Demonstrate control sequences to the Engineer. 3.05 TRAINING A. Train Owner's maintenance personnel to adjust, operate, and maintain control systems and components, including: 1. Adjusting equipment operational schedules, including occupancy and seasonal modes. 2. Data display options (graphic and tabular). 3. Alarm and alarm status descriptors; silencing and clearing alarms. 4. Requesting data, executing commands, resetting default values, and requesting logs. 5. Step-by-step procedures associated with function key commands and day-to-day usage. INSTRUMENTATION AND CONTROL FOR HVAC (FOR REFERENCE) ©2012 Stantec 1 193800463/000332-11135-0 23 09 00-9 SECTION 23 09 93 SEQUENCE OF OPERATIONS FOR HVAC (FOR REFERENCE) PART 1 GENERAL 1.01 SUMMARY A. Section includes: 1. Abbreviations used in this section. 2. Operational modes. 3. Adjustable variables and global settings. 4. Monitoring and trend logs. 5. Sequence of operation for: a. Automatic Control Valves. b. Hydronic Pumps. B. Related Sections - Control equipment: 1. Section 23 09 00 - Instrumentation and Control for HVAC. C. Related Sections - Equipment furnished with integral controls: 1. Section 23 52 00 - Heating Boilers. 1.02 CONTROL SYSTEM DESCRIPTION A. Modification to existing Johnson Controls digital energy management system controlling equipment using programmed scheduling, control logic and user interface at the central station as well as occupant override capability at the zone level. B. DDC monitoring and control by building automation system: 1. Programmed Occupied/Unoccupied mode with operator override. 2. Programmed Summer/Winter mode with operator override. 3. Data logging and trend reporting of control points. 4. Cumulative energy consumption calculations based on accumulated data and flow conditions. C. Settings and control parameters including temperatures, pressures and start/stop times are to be adjustable from the control system operator interface with password clearance. D. Provide 1 minute (minimum) time delay on checking alarm conditions after commanding a change of state. E. The term "throttling range" is used herein to establish worst case responsiveness for P-I and PID control. Program the P-I and PID settings to respond faster than proportional control with the specified throttling range. 1.03 ABBREVIATIONS A. For this section, a number followed by an "F" means temperature in degrees Fahrenheit. B. AHU - air handling unit (includes energy recovery units and roof mounted air conditioning units). C. CO2 - carbon dioxide. SEQUENCE OF OPERATIONS FOR HVAC(FOR REFERENCE) ©2012 Stantec l 193800463/00033241135-0 23 09 93-1 B. Global settings (initial values): 1. Zone Temperature: a. Heating: 72 degrees F occupied mode, 68 degrees F unoccupied mode. b. Cooling: 74 degrees F occupied mode, 78 degrees F unoccupied mode. 3.03 SYSTEM MONITORING REQUIREMENTS: A. Monitor and log the input data and status of the listed devices and the HVAC equipment where sequences of operation are specified. 1. Create trend logs for representative equipment to demonstrate this functionality. 2. Log the data with side-by side comparisons to the settings to be maintained. 3. Display the results graphically for user programmable time periods. 4. Provide memory and storage capability to save two weeks of complete trend data. 5. Delete oldest data to save new data upon reaching capacity of the available memory. 3.04 SEQUENCES A. Zone Heating Control Valve (typical for baseboard radiation) 1. Input: Zone temperature. 2. Device: Zone temperature sensor. 3. Sequence: Maintain zone temperature by modulating valve through P-I control loop. 4. Throttling range: 4 degrees F; 100 percent open at 2 degrees F below setting. 5. Discrete Conditions: Disable alarm in start-up mode. 6. Alarm: "Low Zone Temp.!"for zone temperature 3 degrees F below temperature setting. B. Hydronic Pumps: 1. Boiler Pumps (P-1, P-2, P-3, also may be referred to as primary pumps) a. Local boiler control activates pump when boiler sequencer calls for corresponding boiler operation. b. Current sensor on pump motor wiring provides status at operator interface. c. Alarm: Pump status different from boiler status (10 second time delay). 2. Heating Water Pumps (P-4, P-5, also may be referred to as secondary pumps) a. One pump operates to satisfy light load requirements (Lead pump). b. Last pump to start is designated as Lead pump following pump shut-down. c. Activate Lag pump upon failure of Lead pump. d. Lead pump starts when: 1) System is in winter mode. e. Pump stops when: 1) System is in summer mode. f. Lag pump starts when outside air temperature is below 10 degrees F. Pumps operate in parallel. g. Lag pump stops when outside air temperature rises above 15 degrees F. h. Current sensor establishes pump status for each pump. i. Annunciate Lead pump selection on heating system display of operator interface. j. Alarms: 1) Lead pump failure to start. 2) Lag pump failure to start. 3.05 BOILERS (REFER TO SECTION 23 52 00 FOR INTEGRAL CONTROLS) A. Boiler control programming is integral to factory furnished controls. 1. Controls include a 0-10VDC input for boiler modulation rate or setpoint. 2. Enable/disable. 3. 0-10VDC variable flow signal to control variable speed pumps. SEQUENCE OF OPERATIONS FOR HVAC(FOR REFERENCE) ©2012 Stantec 1 193800463/000332-11135-0 23 09 93-3 SECTION 23 11 23 FACILITY NATURAL-GAS PIPING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Natural gas piping above grade. 2. Unions. 3. Valves. 4. Pipe hangers and supports. 5. Natural gas pressure regulators. B. Related Sections: 1. Section 23 05 00 - Common Work Results for HVAC: Piping and valves for HVAC heating water piping, administrative and installation requirements, piping and valve identification. 1.02 REFERENCES A. American National Standards Institute: 1. ANSI Z21.15 - Manually Operated Gas Valves for Appliances, Appliance Connector Valves and Hose End Valves. B. American Society of Mechanical Engineers (ASME): 1. B16.3 - Malleable Iron Threaded Fittings. 2. B16.26 - Cast Copper Alloy Fittings for Flared Copper Tubes. 3. B16.44 - Manually Operated Metallic Gas Valves for Use in Above Ground Piping Systems Up to 5 psig (sizes 1/2 - 2). 4. B31.9 - Building Services Piping. C. ASTM International (ASTM): 1. A53/A53M - Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless. 2. A234/A234M - Standard Specification for Piping Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and High Temperature Service. 3. B88 - Standard Specification for Seamless Copper Water Tube. D. International Code Council: 1. International Fuel Gas Code - 2006. E. Manufacturers Standardization Society (MSS) of the Valve and Fittings Industry: 1. SP 58 - Pipe Hangers and Supports - Materials, Design and Manufacturer. 2. SP 69 - Pipe Hangers and Supports - Selection and Application. 3. SP 89 - Pipe Hangers and Supports - Fabrication and Installation Practices. F. National Fire Protection Association (NFA): 1. NFPA 54 - National Fuel Gas Code. FACILITY NATURAL-GAS PIPING ©2012 Stantec 1 193800463/000332-11135-0 23 11 23- 1 C. Protect piping and fittings from soil and debris with temporary end caps and closures. Maintain in place until installation. Furnish temporary protective coating on cast iron and steel valves. 1.09 ENVIRONMENTAL REQUIREMENTS A. Section 01 70 00: Product storage and handling requirements. 1.10 FIELD MEASUREMENTS A. Verify field measurements and connection sizes prior to fabrication. 1.11 COORDINATION A. Section 01 70 00: Requirements for coordination. PART 2 PRODUCTS 2.01 NATURAL GAS PIPING, ABOVE GRADE A. Steel Pipe: ASTM A53/A53M Schedule 40 black: 1. Fittings: ASME B16.3, malleable iron, or ASTM A234/A234M forged steel welding type. 2. Joints: Threaded for pipe 2 inches and smaller. 2.02 REGULATOR VENT PIPING, ABOVE GRADE A. Indoors: Same as natural gas piping, above grade. 2.03 UNIONS A. Unions for Pipe 2 inches and Smaller: 1. Class 150, screwed malleable black iron ground union, brass to iron seat. 2.04 BALL VALVES A. Manufacturers: 1. Apollo. 2. Crane Valve, North America. 3. Hammond Valve. 4. Milwaukee Valve Company. 5. Nibco, Inc. 6. Stockham Valves & Fittings. 7. Watts. B. Furnish shutoff valves complying with ASME B16.44 or ANSI Z21.15. 2.05 NATURAL GAS PRESSURE REGULATORS A. Manufacturers: 1. Fischer. 2. Maxitrol. FACILITY NATURAL-GAS PIPING ©2012 Stantec 1 193800463/000332-11135-0 23 11 23-3 D. Where gas appliance is designed for operating pressures equal to or greater than piping test pressure, provide gas valve to isolate appliance or equipment from gas test pressure. E. Pressure test natural gas piping in accordance with International Fuel Gas Code - 2006. F. Inspect, test, and purge gas piping in accordance with applicable codes, local gas company requirements, and Minnesota State Building Code. G. Leak test joints between new and existing piping with noncorrosive leak detection fluid or other approved method. H. When pressure tests do not meet specified requirements, remove defective work, replace, and retest. I. Immediately after gas is applied to a new system, or a system has been restored after gas service interruption, check pipe for leakage. 1. Where leakage is detected, shut off gas supply until necessary repairs are complete. 3. Do not place appliances in service until leak testing and repairs are complete. END OF SECTION FACILITY NATURAL-GAS PIPING ©2012 Stantec 1 193800463/000332-11135-0 23 11 23-5 SECTION 23 21 16 HYDRONIC PIPING SPECIALTIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Thermometers. 2. Pressure gages. 3. Test plugs. 4. Balancing valves. 5. Flexible connectors. 6. Expansion tanks. 7. Air vents. 8. Air separators. 9. Strainers. 10. Chemical feeder. B. Related Sections 1. Section 23 21 23 - Hydronic Pumps: Execution requirements for piping connections to products specified by this Section. 1.02 REFERENCES A. American Society of Mechanical Engineers (ASME): 1. B40.1 - Gauges - Pressure Indicating Dial Type - Elastic Element. B. ASTM International (ASTM): 1. El - Standard Specification for ASTM Thermometers. 2. E77 - Standard Test Method for Inspection and Verification of Thermometers. 1.03 SUBMITTALS A. Refer to Section 01 33 00 - Submittal Procedures. B. Product Data: Submit for manufactured products and assemblies used in this Project 1. Submit product description, model, dimensions, component sizes, rough-in requirements, service sizes, and finishes. 1.04 CLOSEOUT SUBMITTALS A. Refer to Section 01 70 00. B. Project Record Documents: Record actual locations of actual locations of components and instrumentation. C. Operation and Maintenance Data: Submit instructions for calibrating instruments, installation instructions, assembly views, servicing requirements, lubrication instruction, and replacement parts list. HYDRONIC PIPING SPECIALTIES ©2012 Stantec 1 193800463/000332-11135-0 23 21 16-1 2. Bourdon Tube: Brass. 3. Dial Size: 3 inch diameter. 4. Mid-Scale Accuracy: 1 percent. 5. Scale: psi. 2.03 TEST PLUGS A. Manufacturer: 1. Peterson Manufacturing - Pete's Plug or equivalent. B. 1/4-inch NPT or 1/2-inch NPT brass fitting and cap for receiving 1/8 inch outside diameter pressure or temperature probe with: 1. Neoprene core for temperatures up to 200 degrees F. 2. Nordel core for temperatures up to 350 degrees F. 3. Viton core for temperatures up to 400 degrees F. C. Test Kit 1. Carrying case, internally padded and fitted containing a. 3 inch diameter pressure gages. 2.04 BALANCING VALVES A. Manufacturer and Model: 1. Armstrong Model CBV. 2. Bell &Gossett Model Circuit Setter Ultraset (1/2 inch to 2 inch size). 3. Tour&Andersson 1/2" to 2": Model STAD; over 2": Model STAF. B. Description: 1. Multiple turn globe or angle valve with valve position indicator. 2. Valve closes against direction of flow. 3. Upstream and downstream pressure taps. 4. Bronze construction with threaded ends for 1/2 inch to 2 inch sizes. 5. Cast iron body with flanged ends for 2-1/2 inch and larger valves. 2.05 FLEXIBLE CONNECTORS A. Spherical type with flanged connections. B. Hose type reinforced with stainless steel braid. 2.06 BLADDER OR DIAPHRAGM TYPE EXPANSION TANKS A. Manufacturers: 1. Armstrong. 2. Bell and Gossett. 3. Taco. 4. Wessels. B. Welded steel, tested and stamped in accordance with ASME Section VIII; supplied with National Board Form U-1, rated for working pressure of 125 psig, with flexible butyl diaphragm sealed into tank, and steel support stand. C. Accessories: Pressure gage and air-charging fitting, tank drain; pre-charge to 12 psig. HYDRONIC PIPING SPECIALTIES ©2012 Stantec 1 193800463/000332-11135-0 23 21 16-3 C. Provide pressure gages to measure and monitor pressures at inlet to suction diffusers, inlet to pumps and pump outlets. Connect gage to piping through manifold and isolation valves piped to pressure taps. D. Adjust thermometers to be readable from standing position. 3.02 INSTALLATION - HYDRONIC PIPING SPECIALTIES A. Locate test plugs at locations indicated on the drawings. B. Install manual air vents at system high points. C. For automatic air vents in ceiling spaces or other concealed locations, install vent tubing to nearest drain. D. Provide air separator on suction side of system circulation pump and connect to expansion tank and cold water fill piping. E. Provide drain and hose connection with ball valve on strainer blow down connection. F. Provide pump suction fitting on suction side of base mounted centrifugal pumps. Remove temporary strainers after cleaning systems. Hang start-up strainers near pumps for observation. G. Provide combination pump discharge valve on discharge side of base mounted centrifugal pumps. H. Support pump fittings with floor mounted pipe and flange supports. I. Provide relief valves on pressure tanks, low-pressure side of reducing valves, heat exchangers, and expansion tanks. J. Select equipment relief valve capacity to exceed rating of connected equipment. K. Pipe relief valve outlets to nearest floor drain. L. Where one line vents several relief valves, make cross sectional area equal to sum of individual vent areas. 3.03 FIELD QUALITY CONTROL A. Refer to Sections 01 40 00 and 01 70 00. 3.04 CLEANING A. Refer to Section 01 70 00. B. Clean and flush piping system. Refer to Section 23 52 00 for description. 3.05 PROTECTION OF INSTALLED CONSTRUCTION A. Refer to Section 01 70 00. B. Do not install hydronic pressure gauges until after systems are pressure tested. END OF SECTION HYDRONIC PIPING SPECIALTIES ©2012 Stantec 1 193800463/000332-11135-0 23 21 16-5 SECTION 23 21 23 HYDRONIC PUMPS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. In-line circulators. 2. Base mounted pumps. B. Related Sections 1. Section 23 05 00 - Common Work Results for HVAC: Administrative and procedural requirements. Installation requirements. 2. Division 26: Execution requirements for electrical connections to pumps specified by this Section. 1.02 REFERENCES A. National Electrical Manufacturers Association 1. NEMA 250 - Enclosures for Electrical Equipment (1,000 Volts Maximum). B. Underwriters Laboratories, Inc. 1. UL 778 - Motor Operated Water Pumps. 1.03 SUBMITTALS A. Submit in accordance with Section 01 33 00 - Submittal Procedures. B. Product Data: 1. Manufacturer model number, dimensions and service clearance recommendations. 2. Pump curves showing performance characteristics and design operating point plotted. 3. Include NPSH curve when applicable. 4. Include electrical characteristics and connection requirements. C. Manufacturer's Installation Instructions: 1. Submit application, selection, and hookup configuration with pipe and accessory elevations. 2. Submit hanging and support requirements and recommendations for inline pumps. 1.04 CLOSEOUT SUBMITTALS A. Refer to Section 01 70 00: Execution Requirements. B. Operation and Maintenance Data: Submit installation instructions, servicing requirements, assembly views, lubrication instructions, and replacement parts list. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this Section with minimum 3 years experience. HYDRONIC PUMPS ©2012 Stantecl 193800463/000332-11135-0 23 21 23-1 E. Install base mounted pumps on concrete housekeeping pad, with anchor bolts, set and level, and grout in place. F. Lubricate pumps before start-up. 3.02 FIELD QUALITY CONTROL A. Section 01 40 00 and 01 70 00: Field inspecting, testing, adjusting, and balancing. B. Remove start-up strainer following system start-up and flushing procedures. Hang start-up strainer adjacent to pump for observation at time of substantial completion. C. Inspect alignment of base mounted pumps. END OF SECTION • HYDRONIC PUMPS ©2012 Stantecf 193800463/000332-11135-0 23 21 23-3 SECTION 23 51 23 GAS VENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Combustion air piping for condensing type appliances. 2. Gas vents for condensing type appliances. B. Related Sections: 1. Section 23 05 00 - Common Work Results for HVAC: Administrative procedures and installation requirements. 2. Section 23 52 00 - Heating Boilers: Boilers using stacks for condensing appliances. 1.02 REFERENCES A. ASTM International (ASTM): 1. A167—Standard Specification for Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet, Strip. 2. A666 - Standard Specification for Annealed or Cold-Worked Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar. 3. A653/A653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process. 4. A924/A924M —Standard Specification for General Requirements for Steel Sheet, Metallic- Coated by the Hot-Dip Process. 5. A1011/A1011M-07 Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low-Alloy, High-Strength Low-Alloy with Improved Formability, and Ultra-High Strength. B. International Code Council: 1. International Mechanical Code. C. Sheet Metal and Air Conditioning Contractors (SMACNA): 1. Guide for Steel Stack Construction. 2. HVAC Duct Construction Standard - Metal and Flexible. D. Underwriters Laboratories Inc. (UL): 1. 103 - Factory-Built Chimneys for Residential Type and Building Heating Appliances. 2. 378 - Draft Equipment. 3. 441 - Gas Vents. 4. 641 - Type L Low-Temperature Venting Systems. 1.03 DEFINITIONS A. Breeching: Vent Connector. B. Chimney: Primarily vertical shaft enclosing at least one vent for conducting flue gases outdoors. C. Smoke Pipe: Round, single wall vent connector. GAS VENTS ©2012 Stantecl 193800463/000332-11135-0 23 51 23-1 PART 3 EXECUTION 3.01 INSTALLATION A. Combustion air intakes: 1. Insulated Galvanized steel. 2. Schedule 40 PVC with solvent weld fittings. B. Support horizontal gas vents in accordance with manufacturer's instructions. C. Install vertical gas vents with suitable means for drainage of condensate. 1. Provide acid neutralizing receptor if not furnished with boilers. D. Support from building structure, rigidly with suitable ties, braces, hangers and anchors to hold to shape and prevent buckling. E. Pitch breeching with positive slope up from fuel-fired equipment to chimney or stack. F. Coordinate installation of dampers, and induced draft fans. G. Install slip joints allowing removal of appliances without removal or dismantling of breeching, breeching insulation, chimneys, or stacks. H. Extend vent above roof in accordance with applicable code. END OF SECTION GAS VENTS ©2012 Stantecl 193800463/000332-11135-0 23 51 23-3 SECTION 23 52 00 HEATING BOILERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Commercial gas fired water boiler. 2. Hydronic system cleaning and chemical treatment. B. Related Sections: 1. Section 22 11 00 - Facility Water Distribution: Supply connections to domestic water heaters. 2. Section 23 21 13 - Hydronic Piping: Execution requirements for piping connections to products specified by this section. 3. Section 23 21 23 - Hydronic Pumps: Execution requirements for piping connections to products specified by this section. 4. Section 26 27 26 - Wiring Devices Connections: Execution requirements for electric connections specified by this section. 1.02 REFERENCES A. American Society of Mechanical Engineers (ASME): 1. B40.1 - Gauges - Pressure Indicating Dial Type - Elastic Element. 2. Section VIII - Boiler and Pressure Vessel Code - Pressure Vessels. 3. PTC 25 - Pressure Relief Devices. B. ASTM International (ASTM): 1. El - Standard Specification for ASTM Thermometers. 2. E77 - Standard Test Method for Inspection and Verification of Thermometers. 3. Gas Code, ANSI 2223.1/NFPA 54 4. Natural Gas and Propane Installation Code, CSA B149.1 5. National Electrical Code, ANSI/NFPA 70. 1.03 SUBMTTTALS A. Section 01 33 00: Submittal procedures. B. Product Data: Submit dimensioned drawings of boilers indicating components and connections to other equipment and piping. Submit electrical characteristics and connection locations. 1.04 CLOSEOUT SUBMITTALS A. Section 01 70 00: Closeout procedures. B. Operation and Maintenance Data: Submit replacement part numbers and availability. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing Products specified in this section with minimum 3 years experience. HEATING BOILERS ©2012 Stantec 1 193800463/000332-11135-0 23 52 00-1 C. Provide modular high efficiency condensing boilers; 93.3% efficiency. D. Sealed combustion boilers with insulated steel jacket and stainless steel burners. Equipped with manual reset high limit control, vertical draft hood with vent damper, intermittent ignition, air vent with isolation shut off valve, pressure relief valves, temperature and pressure indicator gauges and all required safety controls. The control module shall be micro-processor based for ignition, operating and safety functions and shall have indicating lights. Intermittent pilot. Provide a shut off valve with unions on gas, boiler drain, heating water supply and return piping. 5:1 turn down on fully modulating burner. E. Provide low water cutoff for the boilers. F. Control installation and wiring associated with the boiler plant (interfaced with the Control panel) is the responsibility of the Mechanical Contractor. Conform with Division 26 requirements for wiring. G. Provide acid neutralizing condensate receptor and limestone for neutralizing discharge from boilers. 2.02 ELECTRICAL CHARACTERISTICS AND COMPONENTS A. Electrical Characteristics: In accordance with Division 26 and as indicated on Drawings. B. Disconnect Switch: Mount disconnect switch on equipment. C. For Multiple boiler applications: Control panel including outdoor reset controls and sequencing for optimal performance of multiple tandem boilers. PART 3 EXECUTION 3.01 INSTALLATION A. Maintain manufacturer's recommended clearances around and over boilers. B. Install water boiler on concrete housekeeping pad. C. Boilers: 1. Install boilers as indicated in the Contract Documents. 2. Set boilers water outlet temperature to 180 degrees F at-20 degree F ambient conditions. D. Install the following piping accessories. Refer to Section 23 21 16. 1. On supply: a. Thermometer well and thermometer. b. Pressure gage. c. Shutoff valve. 2. On return: a. Thermometer well and thermometer. b. Pressure gage. c. Shutoff valve. E. Install discharge piping from relief valves and drain valves to nearest floor drain. F. Install boiler trim and accessories furnished loose for field mounting. G. Install electrical devices furnished loose for field mounting. HEATING BOILERS ©2012 Stantec 1 193800463/000332-11135-0 23 52 00-3 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 REFERENCES A. ANSI -American National Standards Institute 1. C2 - National Electrical Safety Code. 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. D. NECA - National Electrical Contractors Association 1. NECA 1 - Standard Practices for Good Workmanship In Electrical Contracting. E. NEMA - National Electrical Manufacturers Association 1. TC 2 - Electrical Polyvinyl Chloride (PVC)Tubing and Conduit. 2. MG 1 - Motors and Generators. 3. ICS 2 - Industrial Control and Systems: Controllers, Contactors, and Overload Relays, Rated Not More Than 2,000 Volts AC or 750 Volts DC. 4. 250 - Enclosures for Electrical Equipment (1,000 Volts Maximum). 5. WC 5 - (See ICEA S-95-658). 6. WC 7 - (See ICEA S-95-658). F. NFPA- National Fire Protection Association 1. NFPA 70 - National Electrical Code. G. OSHA- Occupational Safety and Health Administration 1. 29 CFR 1910 - Occupational Safety and Health Standards. H. UL- Underwriters Laboratories, Inc. 1. UL-6 - Rigid Metal Conduit. 2. UL-83 -Thermoplastic - Insulated Wires and Cables. 3. UL-467 - Electrical Grounding and Bonding Equipment. 4. UL-797 - Electrical Metallic Tubing. 5. UL-1479 - Fire Tests of Through-Penetration Firestops. BASIC ELECTRICAL MATERIALS AND METHODS ©2012 Stantec 1 193800463/000332-11135-0 26 05 05- 1 B. All equipment and materials shall be new and shall bear the Underwriters Laboratories (UL) label if such products are listed by UL, or other certified independent testing laboratory recognized by the NFPA 70. C. Where applicable, equipment and materials shall conform to ANSI, ICEA, IEEE, and NEMA Standards. 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 EQUIPMENT MOUNTING A. Unless noted otherwise, equipment which is not free-standing shall not be mounted on wood panels, but shall be attached to concrete or masonry walls, support channels, or building structural steel. 3.03 IDENTIFICATION A. Nameplates shall be used to identify all field devices. B. All nameplates shall be engraved phenolic nameplates attached with stainless steel screws or a permanent stamped brass tag. 3.04 RECEIVING AND STORING EQUIPMENT A. All equipment shall be handled and stored in accordance with the manufacturer's instructions. 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. 3.05 SELECTIVE DEMOLITION A. Electrical equipment, conduit, and wire associated with equipment being removed shall be removed back to the nearest junction box or panel unless noted otherwise. B. Removal of existing electrical wiring and equipment shall be scheduled with the other trades and Engineer. C. Refer to drawings for further demolition detail. END OF SECTION BASIC ELECTRICAL MATERIALS AND METHODS ©2012 Stantec 1 193800463/000332-11135-0 26 05 05-3 SECTION 26 OS 10 MOTORS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Fractional horsepower motors. 2. Integral horsepower motors. 1.02 SUBMITTALS A. Certified outline dimension prints and data sheets which include nameplate information; 1/2, 3/4, and 4/4 load efficiency; 1/2, 3/4, and 4/4 load power factor; maximum kVAR rating and speed- torque curve shall be submitted for each motor. B. Contractor shall provide all data necessary for the Owner to prepare Xcel Energy rebate forms. PART 2 PRODUCTS 2.01 FRACTIONAL HORSEPOWER MOTORS A. Motor voltage and phase (single phase or 3 phase) shall be as indicated in the specific equipment specification or schedule. B. NEMA design shall be determined by the torque requirements of the driven load. C. If not specified otherwise, enclosure shall be open drip-proof with cast iron or steel housing. Stator windings shall be copper. Motors shall have a 1.15-service factor, adequate torque to accelerate the load, a horsepower rating which will drive the load continuously at all operating conditions without exceeding the nameplate rating and bracing for full voltage starting. Special torque motors shall be provided as determined by the driven equipment. D. Motors shall be designed, constructed, and tested in accordance with ANSI/NEMA Publication No. MG 1. 2.02 INTEGRAL HORSPOWER MOTORS A. Motor voltage and phase (single phase or 3 phase) shall be as indicated in the specific equipment specification or schedule. B. NEMA design shall be determined by the torque requirements of the driven load. Motors shall have a 1.15-service factor, adequate torque to accelerate the load continuously at all operating conditions without exceeding the nameplate rating, not including the service factor and shall be braced for full voltage starting. Special torque motors shall be provided as determined by the driven equipment. Inrush current shall not exceed NFPA 70 Code G. C. Motors shall be designed, constructed, and tested in accordance with ANSI/NEMA Publication No. MG-1 and shall be high efficiency design as determined by IEEE Standard 112, Method B. Motor MOTORS ©2012 Stantec 1 193800463/000332-11135-0 26 05 10-1 2.03 MOTOR EFFICIENCIES Motor Open DP and Protected TEFC Type RPM RPM HP 900/1,200 1,800 3,600 HP 900/1,200 1,800 36,00 1.0 82.5 85.5 77.0 1.0 82.5 85.5 77.0 1.5 86.5 86.5 84.0 1.5 87.5 86.5 84.0 2.0 87.5 86.5 85.5 2.0 88.5 86.5 85.5 3 88.5 89.5 85.5 3 89.5 89.5 86.5 5 89.5 89.5 86.5 5 89.5 89.5 88.5 7.5 90.2 91.0 88.5 7.5 91.0 91.7 89.5 10 91.7 91.7 89.5 10 91.0 91.7 90.2 15 91.7 93.0 90.2 15 91.7 92.4 91.0 20 92.4 93.0 91.0 20 91.7 93.0 91.0 25 93.0 93.6 91.7 25 93.0 93.6 91.7 30 93.6 94.1 91.7 30 93.0 93.6 91.7 40 94.1 94.1 92.4 40 94.1 94.1 92.4 50 94.1 94.5 93.0 50 94.1 94.5 93.0 60 94.5 95.0 93.6 60 94.5 95.0 93.6 75 94.5 95.0 93.6 75 94.5 95.4 93.6 100 95.0 95.4 93.6 100 95.0 95.4 94.1 125 95.0 95.4 94.1 125 95.0 95.4 95.0 150 95.4 95.8 94.1 150 95.8 95.8 95.0 200 95.4 95.8 95.0 200 95.8 96.2 95.4 PART 3 EXECUTION 3.01 MOTOR CIRCUITS A. Motor circuits shall be provided as shown on the Drawings or as required by the NFPA 70. The circuit shall include a motor grounding conductor sized per NFPA 70, Table 250.122. B. Motor connections shall be made in accordance with the motor nameplate for the proper voltage and other operating characteristics. 3.02 NAMEPLATE CURRENT A. Contractor shall size the motor starter overload heaters in accordance with the starter manufacturer's recommendation for the given motor nameplate current, service factor, and power factor correcting capacitors, if provided. ©2012 Stantec 193800463/000332-11135-0 MOTORS I 260510-3 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. Installation. 4. Splices and terminations. 5. Identification. 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. Control Wire 1. #14 AWG, 7 or 9 strand copper. 2. THWN or XHHW insulation. 3. Solid color. C. Insulation of all wire shall conform to ICEA S-95-658, NFPA 70, and UL-83. D. 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. 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 Type CRSM, 3M 82-BF1, or approved equal. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ©2012 Stantec 1 193800463/000332-11135-0 26 05 19-1 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. 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. D. Conductors shall be without splice from termination to termination, unless indicated otherwise on the Drawings. 3.02 SPLICES AND TERMINATIONS 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 the conductors to that equipment. C. Motor leads shall be connected with tool-compressed ring terminals which are bolted together, insulated with varnished cambric tape, and protected with an over-wrap of 3M No. 33, or approved equal weather resistant tape, or protected with Raychem MCK motor connection kit. Electrical spring connectors may be used to connect motor leads to #12 or #10 AWG branch circuit conductors. D. Electrical spring connectors shall be used for splices and taps in lighting and 120-volt receptacle circuits. E. All control wiring shall be terminated to terminal strips at both ends with fork terminals. Spare wires in control panels shall be terminated to spare terminals. Spare wires in motor control centers shall be coiled by respective conduit, labeled, and shall be long enough to reach the compartment furthest from conduit. F. 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 manufacturer. 3.03 IDENTIFICATION A. Control circuits may be color-coded using available colors, except gray and green. They shall be identified at each terminal with a label. Imprinted labels shall be protected by a heat shrinkable sleeve. B. Each control circuit shall be identified at both ends with the same number; wire number shall be the same as the wire number shown on the Equipment Drawings. Spare conductors shall be identified with a single letter at both ends. END OF SECTION LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES ©2012 Stantec 1 193800463/000332-11135-0 26 05 19-3 SECTION 26 05 33 RACEWAYS AND OXES FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Conduit. 2. Conduit fittings. 3. Pull and junction boxes. 4. Fire stop material. PART 2 PRODUCTS 2.01 ELECTRICAL METALLIC TUBING (EMT) 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. 2.02 FLEXIBLE METAL CONDUIT A. Aluminum or galvanized steel. B. NFPA 70, Article 348. C. UL listed. 2.03 PULL AND JUNCTION BOXES A. 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. B. 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. C. Galvanized fittings and boxes for EMT conduit. 2.04 FIRE RETARDANT MATERIAL A. Fire stop foam. B. Fire stop sealant. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ©2012 Stantec 1 193800463/000332-11135-0 26 05 33-1 which is suspended from the ceiling or bracketed from a wall. Attachments to equipment shall be directly to the electrical devices associated with it. M. A nylon pull cord shall be installed in each empty conduit. N. Only raceway types which are specified in this section shall be used. 3.02 OPENINGS 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 openings are not shown on the Drawings. B. All openings shall be filled with an approved sealant, caulking, or grout after the conduit or cable installation is complete. C. Openings through grating shall have the bars of the grating banded. END OF SECTION RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS ©2012 Stantec 1 193800463/000332-11135-0 26 05 33-3 SECTION 26 24 16 PAN ELBOARDS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Panelboards. 2. Installation. 3. Identification. B. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.02 SUBMITTALS A. Data sheets shall be submitted which describe the panelboards, give electrical ratings, give dimensions, and list the breakers. PART 2 PRODUCTS 2.01 PANELBOARDS A. Hardware 1. Surface or flush mounted as indicated on the Drawings. 2. Door in door front, complete with trim, doors, flush chrome plated cylinder lock, catch, and directory with clear plastic cover. 3. 2 keys. 4. Copper bus which includes all current carrying parts such as phase buses, ground and neutral buses/bars, bus fingers, etc. 5. All spaces indicated shall have bus fully extended and drilled for the future installation of breakers. 6. Gray baked enamel finish. 7. Trim attached directly to the box with screws; trim clamps shall not be used. B. Ratings 1. Panelboard rating, main breaker, and branch breakers as specified on the Drawings. Branch mounted main breakers shall not be allowed. 2. Service entrance ratings as required. 3. Thermal-magnetic, quick make, quick-break, switching rated plug on circuit breakers. 4. Circuit breaker rating and number of poles as specified on the Drawings. 5. Multi-pole breakers with a common trip. 6. Handle padlock attachments where required. 7. Ampere Interrupting Ratings: 10,000 RMS symmetrical for 240 volts or under. C. Manufacturer: Cutler-Hammer, Square D, Siemens, or equal. PANELBOARDS ©2012 Stantec 1 193800463/000332-11135-0 26 24 16-1 SECTION 26 24 19 MOTOR CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Wall mounted starters. 2. Manual motor starters. 1.02 SUBMITTALS A. Shop Drawings and Product Data 1. Product data sheets with a bill of material. 2. Dimension sheets with weights. B. Manufacturers Installation Instructions 1. Submit with shop drawings. 2. Include with shipment. C. Operation and Maintenance Manuals: Shall meet the requirements of Division 01. 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 Engineer before releasing the equipment for manufacturing. PART 2 PRODUCTS 2.01 MANUAL MOTOR STARTERS A. Manual starters shall be provided to control and protect 120 volt, single phase motors. They are identified on the Drawings as"M." B. Starters shall be 120 volt, single pole with overload heater sized for the motor nameplate current; General Electric CR101Y, Cutler-Hammer MS, Square D FG5, or equal. PART 3 EXECUTION 3.01 INSTALLATION A. Equipment shall be installed where shown on the Drawings. Contractor shall verify that the space allocated in the facility is adequate for the equipment which is furnished. B. Manual motor starters shall be mounted near the equipment they serve where shown on the Drawings. C. Where motor overload protection is provided by the equipment supplier, specification grade, horsepower-rated toggle switches may be used instead of manual motor starters. MOTOR CONTROL ©2012 Stantec 1 193800463/000332-11135-0 26 24 19-1 SECTION 26 28 19 DISCONNECTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Local disconnects. 1.02 SUBMITTALS A. Data sheets which describe the switches, give electrical ratings, and give dimensions. PART 2 PRODUCTS 2.01 LOCAL DISCONNECTS A. 30 amp, 600 volts, 3 pole, motor starting switch. B. UL listed. C. Leviton MS403, Pass &Seymour 7803, or equal. D. Provide non-metallic box and cover with provisions for padlocking in the open and closed positions. PART 3 EXECUTION 3.01 INSTALLATION A. Disconnect switches shall be installed in a readily accessible location where indicated on the Drawings. Centerline of the switch shall be mounted 4 feet above the ground. B. Each switch shall be identified with an engraved phenolic nameplate. C. Disconnects for single-phase motors shall be manual motor starters or manual motor starting switches specified in Section 26 24 19 Motor Control. 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LU .....j Li,_, I /el /;/' H. 1 < ZOOWl- MtAH 0 Ce " j..... . , Z1LU 1 W 00ZI-Ll0 /-10i LU mm DI 4-1 LLI = U < > cn 0 co -1 ç >- --1 r--:,- 01 ;;:) ! Z `®1 H , .),.--,,,, . . !-DO ! • LLJ to il.c:1 (Z. -4 NI oi ! 0 ACGREP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) L...---- 11/01/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ICERTIFICATE 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 policy(ies)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 FRANK NORANTE AON REED STENHOUSE INC. PHONE AON RISK SERVICES CENTRAL,INC. I E MANo,Ext):1-800-444-3017 1 Fq L,No):952-656-8834 I ADDRESS:FRANK.NORANTE(crAON.COM 900-10025 102A AVENUE INSURER(S)AFFORDING COVERAGE NAIL# EDMONTON,AB T5J 0Y2 INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 I INSURED BONESTROO INC., INSURER B: ZURICH AMERICAN INSURANCE COMPANY 16535 STANTEC CONSULTING SERVICES INC., INSURER c ZURICH I INSURANCE COMPANY 16535 2335 HIGHWAY 36 W, i INS_URER D: ZURICH AMERICAN INSURANCE COMPANY ;16535 ST PAUL, MN 55113 INSURER E f I INSURER F: COVERAGES CERTIFICATE NUMBER: 474 REVISION NUMBER: I THIS IS TO CERTIFY THAT 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.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER. LTR TYPE OF INSURANCE M POLICY D/YYY _._.. -_. __. INSR WVD POLICY NUMBER POLICY EFF LIMITS A GENERAL LIABILITY I X 'GLO 6556026 05/01/11 05/01/12 EACH OCCURRENCE Ls 2,000,000 _X COMMERCIAL GENERAL_LIABILITY DAMAGE TO RENTED - ----- _PREMISES(Ea occurrence) $ 300,000 I CLAIMS-MADE 1 X OCCUR MED EXP(Any one person) -$ --- 1 Q 000--- X CONTRACTUAL/CROSS XCU COVER INCLUDED PERSONAL&ADV INJURY $ 2,000,000 X OWNERS&CONTRACTORS GENERAL AGGREGATE !$ 4,000,000 POLICY X E LIMIT APPLIES PER: $ 2,000,000 PRO OC- PRODUCTS-COMP/OP AGG GEN'LAGGREGAT JECT ' X L $ B AUTOMOBILE.LIABILITY COMBINED SINGLE LIMIT X BAP5940882 11/01/11 11/01/12 (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) )$ I AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ -_--- ------ NON-OWNED PROPERTY DAMAGE HIRED AUTOS - 'AUTOS (Per accident) $ UMBRELLA LIAB I —I — — -- C X EXCESS LIAR X OCCUR 8831307 05/01/11 05/01/12 EACH OCCURRENCE $ 5,000000 X CLAIMS-MADE EMPLOYERS LIABILITY(FOLLOW _,AGGREGATE -_- EXCESS GENERAL,AUTO AND 1DED X RETENTION$1 0,000 FORM] 1$ 5,000,000 WORKERS D AND EMPLOYERS'LIABILITY Y/N WC5940881 _._ 1-1/01/1 1 11/01/12 X TORY LIMITS 1 ETRH_ ANY PROPRIETOR/PARTNER/EXECUTIVE, N- ,000,000 OFFICER/MEMBER EXCLUDED? '( N/A E.L.E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below.... E.L.DISEASE-POLICY LIMIT l $ 1,000,000 )ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) ST. PAUL, MN. BONESTROO/SCSI. RE: ALL WORK PERFORMED. CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL IINSURED BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION I CITY 40TH COLUMBIA HEIGHTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 590-40TH AVENUE NE ACCORDANCE WITH THE POLICY PROVISIONS. COLUMBIA HEIGHTS, MN 55421 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD stwtec Owner: City of Columbia Heights Date July 23, 2012 Contractor: Horwitz NISI Bond Company: Bond No: CHANGE ORDER NO. 1 Boiler Replacement-City Hall STANTEC FILE NO. 193800463 Description of Work Item 1 -Substitute(2) 1250 MBH RBI Futura II boilers for(3) specified 800 MBH High efficiency Lochinvar boilers. Modify pump requirements, combustion air and flue design accordingly. Item 2—Furnish and install controls as follows: a) Provide four(4) radiation zone control valves to be controlled On/Off by existing space thermostats. b) Interface, monitor, and control package for two (2) boilers including indoor/outdoor reset, sequence 2 stages for each boiler, monitor for main flame status and flame failure, readout for water temperature and outdoor temperature. c) Control of primary hot water pumps. d) Modify and add points to existing BAS as required. e) Control wiring. f) Programming. g) Check, test and start. h) Training. i) One year warranty. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 Boiler Substitution LS 1 ($19,360) ($19,360.00) 2 Furnish and Install Controls for New Boiler LS 1 $ 9,250 $ 9,250.00 TOTAL CHANGE ORDER NO. 1: ($10,110.00) Original Contract Amount $158,280.00 Previous Change Orders $ 0.00 This Change Order ($ 10,110.00) Revised Contract Amount (including this change order) $ 148,170.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date) 9/26/2012 Ready for Final Payment (days or date): 10/26/2012 Increase of this Change Order: Substantial Completion (days or date) zero days Ready for Final Payment (days or date): zero days Contract Time with All Approved Change Orders: Substantial Completion (days or date) 9/26/2012 Ready for Final Payment (days or date): 10/26/2012 Recommended for Approval by: STANTEC Consulting Date 7-30-2012 Approved by Contrac Approved by Owner: HORWITZ NS/I CITY OF COLUMBIA IG S received 7/24/2012 Date Date cc: Owner Contractor Bonding Company Stantec