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Home My WebLink About2016-27122016 -2712 CONTRACT DOCUMENTS 250,000 Gallon Water Tower Rehabilitation Columbia Heights, MN 2016 Bolton & Menk Project No. 822.111289 BO L.T'OIV 8. NA B N K , I IV C® Consulting Engineers & Surveyors www.botton- menk.com DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. 250,000 GALLON WATER TOWER REHABILITATION COLUMBIA HEIGHTS, MN FEBRUARY 2016 CONTRACT DOCUMENTS AND SPECIFICATIONS PROJECT NO. M22.111289 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Typed or Printed Name / License No.: Steven G. Nelson / 24388 Signature: Date_ February 26, 2016 BOLTON & MENK, INC. CONSULTING ENGINEERS & LAND SURVEYORS TABLE OF CONTENTS Water Tower Rehabilitation Columbia Heights, MN SPECIFICATIONS 00020 ADVERTISEMENT FOR BIDS 00200 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS 00410 BID FORM 00411 BID SCHEDULE 00412 PROJECT REFERENCES 00415 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE 00430 BID BOND 00450 INFORMATION REQUESTED FROM THE LOW BIDDER 00510 NOTICE OF AWARD 00520 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) 00550 NOTICE TO PROCEED 00610 PERFORMANCE BOND 00615 PAYMENT BOND 00700 EJCDCV C -700 (Rev. 1), STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT COPYRIGHT V 2013 00800 SUPPLEMENTARY CONDITIONS FOR EDITION C -700 EJCDC — 2013 00801 RESIDENT PROJECT REPRESENTATIVE 00991 CHANGE ORDER 00992 ENGINEER'S FIELD ORDER 00993 PROPOSAL REQUEST 00994 WORK CHANGE DIRECTIVE 00995 LETTER OF TRANSMITTAL DIVISION 1 — GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01020 ALLOWANCES 01025 MEASUREMENT AND PAYMENT 01040 SEQUENCE OF CONSTRUCTION 01090 REFERENCES 01092 ABBREVIATIONS 01200 PROJECT MEETINGS 01300 SUBMITTALS 01310 COORDINATION 01400 TESTS AND INSPECTIONS 01410 REGULATORY REQUIREMENTS 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01560 TEMPORARY ENVIRONMENTAL CONTROLS 01562 AIR, LAND AND WATER POLLUTION 01600 MATERIALS, EQUIPMENT, LABOR AND WORKMANSHIP 01700 PROJECT CLOSEOUT DIVISION 9 — FINISHES 09910 WATER TOWER REPAINTING DIVISION 13 — SPECIAL CONSTRUCTION 13211 WATER STORAGE TANK DISINFECTION 13415 ELEVATED WATER STORAGE TANK REHABILITATION R22.111289 - Columbia Heights, MN TABLE OF CONTENTS 250,000 Gallon Water Tower Rehabilitation PAGE 1 APPENDIX A —ROOF HANDRAIL DETAILS, (BY SEH, INC.) APPENDIX B - PRELIMINARY EVALUATION REPORT APPENDIX C — EXAMPLE OF ANTICIPATED LOGO COMPLEXITY APPENDIX D — SECURITY ALLOWANCE BACKGROUND & SCOPE R22.111289 - Columbia Heights, MN TABLE OF CONTENTS 250,000 Gallon Water Tower Rehabilitation PAGE 2 SECTION 00020 - ADVERTISEMENT FOR BIDS 250,000 Gallon Water Tower Rehabilitation Columbia Heights, MN RECEIPT AND OPENING OF PROPOSALS: Notice is hereby given that sealed bids will be received, publicly opened, and read aloud by representatives of the City Council of Columbia Heights, Anoka County, MN, at the Municipal Service Center, 637 — 38t' Avenue NE in said City at 2:00 p.m. on Wednesday, March 9, 2016 for furnishing of all work and materials for consideration of City Improvements: 250,000 GALLON WATER TOWER REHABILITATION; The work includes the following for the rehabilitation of a 250,000 gallon single pedestal spheroid water tank: DESCRIPTION OF WORK: The work includes the following for the rehabilitation of a 250,000 gallon single pedestal spheroid water tank: A. Interior Wet Rehabilitation 1. Complete removal and replacement of protective coating system B. Interior Dry Rehabilitation 1. Spot repair of protective coating system 2. (Alternate Bid) — Complete removal and replacement C. Exterior 1. Complete removal and replacement (with containment) D. Remove and replace protective coating on piping in vault /pit E. New ladder safety climb system F. Miscellaneous grinding, welding, and caulking G. Remove and re- install insulation with new metal jacket for inlet /outlet pipe H. New tank vent I. New aviation obstruction lights J. New City logo /lettering painted on exterior of tank K. New interior wet ladder L. New access manway M. New roof railing N. New security access system The City Council will consider award of contract at their regular meeting held on Monday, March 14, 2016 at 7:00 p.m. in the Council Chamber at 590 40th Avenue N.E. COMPLETION OF WORK: All work under the Contract must be complete within Seventy (70) calendar days after draining the tower the work shall be substantially complete no later than October 1, 2016. MINIMUM CONTRACTOR QUALIFICATIONS: The Bidder shall have experience as a General Contractor in the successful completion of at least two water storage tank rehabilitations, including containment, between 50,000 and 300,000 gallons in the last five (5) years. OBTAINING CONTRACT DOCUMENTS AND BIDDING REQUIREMENTS: Plans and specifications and all contract documents may be obtained at the office of Bolton & Menk, Inc., 7533 Sunwood Drive NW, Suite #206, Ramsey, MN 55303, upon payment of $60.00, (includes sales tax); non - refundable for each full set of R22.111289 - Columbia Heights, MN ADVERTISEMENT FOR BIDS 250,000 Gallon Water Tower Rehabilitation PAGE 00020 -1 specifications and accompanying drawings. Additional shipping charges will apply for delivery to any address not within the lower 48 states. Complete digital project bidding documents are available at www.questcdn.com. You may view the digital plan documents for free by entering Quest project #4268235 on the website's Project Search page. Documents may be downloaded for $20.00. Please contact QuestCDN.com at (952) 233 -1632 or info @questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. A copy of the plans and specifications may be inspected at the following locations: - Office of Bolton & Menk Inc., 7533 Sunwood Drive NW, Suite #206, Ramsey, MN 55303. - Office of Bolton & Menk, Inc., 1960 Premier Drive, Mankato, MN 56001. - Minnesota Builders Exchange, 1123 Glenwood Ave., Minneapolis, MN 55405. PLANHOLDERS LIST, ADDENDA AND BID TABULATION: The planholders list, addenda and bid tabulation will be available on -line at www.bolton - menk.com. Bids will be received on unit price basis as listed in the bid schedule. BID SECURITY: A certified check or a Bid Bond satisfactory to the City of Columbia Heights, Minnesota, in the amount of not less than 5 percent of the total Bid price submitted must accompany each Bid. LABOR RATES - MINIMUM WAGE REQUIREMENTS: This project is being funded by the City of Columbia Heights, Minnesota. The project is not subject to the provisions of Little Davis -Bacon Act. PERFORMANCE AND PAYMENT BONDS: The successful Bidder will be required to furnish a Performance Bond and Labor and Materials Payment Bond each in the amount of the Contract. The Bid, Agreement, and Bonds shall be conditioned upon compliance with all provisions of the Bid Documents. PROJECT ADMINISTRATION: All questions relative to this project prior to the opening of bids shall be directed to the Engineer /Manager for the project. It shall be understood, however, that no specification interpretations will be made by telephone. Address inquiries to: Bolton & Menk Inc. Attn: Steven G. Nelson, P.E. 7533 Sunwood Drive NW Suite #206 Ramsey, MN 55303 Tel: 763- 433 -2851 Fax: 763-427-0833 Email: stevene @bolton- menk.com OWNER'S RIGHTS RESERVED: The OWNER reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the OWNER. Date: February 12, 2016 Published: Sun Focus: Finance and Commerce: February 19, 2016 February 25, 2016. Owner: City of Columbia Heights, Minnesota /S/ Kevin Hansen Director of Public Works /City Engineer R22.111289 - Columbia Heights, MN ADVERTISEMENT FOR BIDS 250,000 Gallon Water Tower Rehabilitation PAGE 00020 -2 SECTION 00200 - INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS 250,000 Gallon Water Tower Rehabilitation Columbia Heights, MN ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions(EJCDC C -700 2013 Edition). 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. B. The OWNER of this project may also be referred to as the Buyer. C. The term "CONTRACTOR" shall be held to mean the firm which is given a Purchase Order and/or Contract for construction. The Contractor may also be referred to as Seller. D. The Engineer for this project is Bolton & Menk, Inc., 7533 Sunwood Drive NW, Suite #206, Ramsey, MN 55303. E. The terms 'Bid" and 'Proposal" have the same meaning. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid. Bid Documents deposit amount, if any, is stated in the advertisement or invitation to bid. Deposits shall be refundable, or not, as indicated in the advertisement or invitation to bid. 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 When the advertisement indicates supplemental digital formats of all or portions of the bidding documents are available for bidding purposes, the Owner and Engineer will, upon request, provide the Bidder with such documents. The terms of use of such documents shall be as set forth in the Bidding Documents ( "Document 00210 - Electronic/Digital Documents "). R22.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, after submitting its Bid and within 5 days of Owner's request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information: A. Minimum Contractor Qualifications 1. The Bidder shall have experience as a General Contractor in the successful completion of at least two water storage tank rehabilitations, including containment, 50,000 gallons or larger in the last five (5) years. Bidder shall list experience on the Project Reference Form (Section 00412) and submit with the Proposal. 3.02 A Bidder's failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder's qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER'S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights -of -way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: (a) those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. (b) those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). (c) reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. (d) Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in 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. R22.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -2 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: 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 5.03, 5.04, and 5.05 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 5.06 of the General Conditions 4.03 Site Visit and Testing by Bidders A. Bidder may conduct Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. See Optional Pre -Site Visit (Article 6) for details on arranging a visit. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner's authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. 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. 4.04 Owner's Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such 822.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -3 other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 - BIDDER'S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself, 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; and (3) Bidder's safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 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; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. R22.111289 - Columbia Heights, NIN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -4 ARTICLE 6 - OPTIONAL PRE -BID SITE VISIT 6.01 All bidders are encouraged to visit the sites prior to the bid date. The City representative will make dates and times available for bidders to visit the tower site. Bidders may email the contact below to request notification regarding available visit times. Lauren McClanahan, Lauren.McClanahannci.columbia- heights mn us 763- 706 -3711 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 Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and 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 released. 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. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven 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 /or 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, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. 822.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -5 M ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or "or- equal" items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or "or- equal" item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post -Bid approvals of "or- equal" or substitution requests are made at Bidder's sole risk. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. 12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers. If requested by Owner, 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, or other individual or entity. 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 an acceptable substitute, in which case apparent Successful Bidder shall submit a 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. 12.04 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, or other individuals or entities. Declining to make requested substitutions will 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 subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A. 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 unit price item, and unit price item listed therein. R22.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -6 B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words "No Bid" or "Not Applicable." 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. 13.03 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 partnership's address for receiving notices shall be shown. 13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm's address for receiving notices shall be shown. 13.05 A Bid by an individual shall show the Bidder's name and address for receiving notices. 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture's address for receiving notices shall be shown. 13.07 All names shall be printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 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. ARTICLE 14 - BASIS OF BID 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The "Bid Price" (sometimes referred to as the extended price) for each unit price Bid item will be the product of the "Estimated Quantity" (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding "Bid Unit Price" offered by the Bidder. The total of all unit price Bid items will be the sum of these "Bid Prices "; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the 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. R22.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -7 rw 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 13.02.13 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each paper copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the ' advertisement or invitation to bid and shall be enclosed in a plainly marked package with the PROJECT TEST (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 the person indicated in the advertisement or invitation to bid. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. 15.04 The Owner does not allow electronic bid submittals. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be 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. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the Bid award. 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified ` from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid 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 bid award. R22.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -8 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 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 19.04 In evaluating whether a Bidder is responsible, Owner will consider applicable mandatory criteria established by governing statutes and regulations, including but not limited to Minnesota Statute 16C.285, qualifications of the Bidder, and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20 - BONDS AND INSURANCE 20.01 Article 6 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 Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. R22.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -9 ARTICLE 22 - SALES AND USE TAXES 22.01 Owner is not exempt from state sales and use taxes on materials and equipment. Said taxes shall be included in the bid. ARTICLE 23 - RETAINAGE 23.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. * ** *END OF SECTION * * ** R22.111289 - Columbia Heights, MN INSTRUCTIONS TO BIDDERS 250,000 Gallon Water Tower Rehabilitation PAGE 00200 -10 SECTION 00410 - BID FORM 250,000 Gallon Water Tower Rehabilitation Columbia Heights, MN Bolton & Menk Project No: R22.111289 ARTICLE I - BID RECIPIENT 1.01 This Bid is submitted to: City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 1.02 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. ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No, Addendum Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself 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 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings." R22.111289 - Columbia Heights, MN BID FORM 250,000 Gallon Water Tower Rehabilitation PAGE 00410 -1 E. Bidder has considered the information known to Bidder itself; 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 any 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; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, 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 given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents ARTICLE 4 - BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D.: 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; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non - competitive levels; and 822.111289 - Columbia Heights, MN BID FORM 250,000 Gallon Water Tower Rehabilitation PAGE 00410 -2 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 e execution of the Contract. E. Bidder has completed and executed the attached Responsible Contractor Verfication and Certification of Compliance Form (Section 00415) relating to Minn Statute 16C.285, "Responsible Contractor ". ARTICLE 5 - BASIS OF BID (UNIT PRICE CONTRACT) 5.01 Bidder will complete the work in accordance with the Contract Documents at the prices shown in the attached Bid Schedule. 5.02 Unit Prices have been computed in accordance with Paragraph 13.03.13 of the General Conditions, 5.03 Bidder acknowledges that estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids. Final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 - TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 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. ARTICLE 7 - ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security in the form of a certified check, bank money order, or a bid bond (on the form attached). B. Section 00411 - Bid Schedule C. Section 00412 - Project References D. Section 00415 - Responsible Contractor Verification and Certification of Compliance E. EPA Forms 6100 -3 and 6100 -4 as found in the PFA Contract Packet. F. Go to the site littm//www-sani.gov. Go to Search Records then under Quick Search, type in Bidder's name, Search. On bottom of search results page, click "Save PDF" and then Print out form indicating that the bidder is not debarred from working on Federal projects. ARTICLE 8 - DEFINED TERMS 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. SEE ATTACHED SECTION 00411— BID SCHEDULE R22.111289 - Columbia Heights, MN BID FORM 250,000 Gallon Water Tower Rehabilitation PAGE 00410 -3 t . BID SUBMITTAL 8.02 This Bid is submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: I L G ✓t C! State of Incorporation 56 Type (General Business, Pr fessional, Service, Limited Liability): By: c / C• ( J (Signature — attach evidence of autftority to sign) Name (typed or printed) Title: (CORPORATE SEAL) Y �% Attest K Date of Qualification to do business in [State where project is located] is R22.111289 - Columbia Heights, MN BID FORM 250,000 Gallon Water Tower Rehabilitation PAGE 00410 -4 A Joint Venture Name of Joint Venture: First Joint Venturer Name: By: (Signature of first venture partner — attach evidence of authority to sign) Name (typed of printed): Title: Second Joint Venture Name: In tNignature of second venture partner — attach evidence of authority to sign) Name (typed or printed) Title: (SEAL) (SEAL) (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.) Bidder's Business Address V 1 ['7 yl J % /&C 1i ✓e CC , h C� C` Phone No. �(r? - c y (v c� pax_Fa. E -mail C( CF' l/I cell Z, �r L7v� SUBMITTED on�/afc b� 20 State Contractor License No. [If applicable] R22.111289 - Columbia Heights, MN BID FORM 250,000 Gallon Water Tower Rehabilitation PAGE 00410 -5 SECTION 00411— BID SCHEDULE Bid Form for construction of- 250,000 Gallon Elevated Water Storage Tank City of Columbia Heights, Minnesota The undersigned declares that the only persons or parties interested in this Bid as principals are as stated; that the Bid is made without any collusion with other persons, firms, or corporations; that he has carefully examined all the Contract Documents as prepared by Bolton & Menk, Inc.; that he has informed himself fully in regard to all conditions pertaining to the Work and the place where it is to be done, and from them the undersigned makes this Bid. The Bid price covers all expenses incurred in performing the Work required under the Contract Documents, of which this Bid Form is a part. Note: Bids shall include sales tax and all applicable taxes and fees. The Bidder has based the following Total Project Base Bid Price upon providing the equipment and materials of the encircled manufacturers as listed in the Materials Schedule attached to this Bid Form, Should Bidder fail to indicate which named manufacturer his Total Project Base Bid Price is based upon, the Bidder will supply the first -named manufacturer's material. Bidder has also indicated substitute materials that he proposes to be utilized in place of the encircled manufacturers' equipment /materials, subject to the following: I. Allowance of "alternate" material does not constitute a waiver of the Specifications. if the Bidder desires to offer material by an "alternate" manufacturer instead of the "Basis of Bid" manufacturer, he shall indicate in the appropriate schedule the installed price of the "alternate" material along with the installed price of the "Basis of Bid" manufacturer. Additional "alternate" manufacturers, along with installed prices, can be listed on the sheet provided. 2. In order that the Owner may determine if the proposed "alternate" manufacturer is a satisfactory substitute to that specified, the bidder shall submit one set of drawings, Specifications, full descriptive material, performance data and a detailed list of exceptions taken to the Specifications with the bid or to the ENGINEER in advance of the bid. Any revisions or any other work necessary by such "alternate" material must be submitted for approval and the entire cost for such revisions shall be included in the installed price of "alternate." 3. The Engineer will review all proposed "Alternate" Manufacturer's material qualification submittals in a timely manner to determine conformance with the performance and technical requirements of this project. The Engineer will be the sole judge as to the comparative quality and suitability of such material, and his /her decision shall be final. 4. If awarded a Contract on this project, all materials be guaranteed by the undersigned and his Surety to meet the performance requirements of the Contract Documents. That all installed prices stated on the Materials Schedule include the preparation and submittal of detailed drawings showing all modifications, if any, to the Contract Drawing necessary to accommodate such equipment and furthermore that all installed costs stated on the Schedule include complete operating installation, and the furnishing and installing of any and all change or additions necessary to accommodate the material. This Proposal is submitted after careful study of the plans and specifications and from personal knowledge of the conditions to be encountered at the project site, which knowledge was obtained from the undersigned's own sources of information and not from any official or employee of the OWNER. If a discrepancy appears between the written and the numerical, the written words will be used as the quoted price. If an error appears in an extension or the addition of items, the corrected extension or total of the parts shall govern. R22.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -1 In accordance with the above understanding, the undersigned proposes to perform the Work, furnish all materials, and complete the Work in its entirety in the manner and under the conditions required for the Unit Price Contract Price(s) listed on the following pages. BID of .1 J L G '1 Tr o e_ c AI V,-, (Name of Bidder) C. Schedule of Prices for Construction of: 250,000 Gallon Elevated Water Storage Tank City of Columbia Heights, MN Bidder agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in the UNIT PRICE BID SCHEDULE and the MATERIALS SCHEDULE, 'Basis of Bid" Manufacturer and named "Alternate" Manufacturer Installed Deduct Price as furnished and ADD ITEMS. UNIT PRICE BID SCHEDULE — BASE BID Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Item No. Description Unit Estimated Quantity Bid Unit Price Bid Price I Mobilization and site maintenance L.S. 1 $ $ / ON , O (� O , O G 2. Grinding (mist.) Hour 25 $ 1 U u L' u $ Z Y6 o t1 3. Welding (mist.) L.F. 10 $ ! "Z S U U $ 1 o 4. Pit filler (mist.) L.F. 100 $ 1 U. 0 0 $ 1 n v c, U 0 5. Caulking (mist.) Hour 1 $ U 0 $ 15 v b 0 6. Complete Sandblasting and Reconditioning of Tower (Interior Wet) L.S. 1 $ ) U; v o c, v U$? D, 000 0 0 7. Complete Sandblasting and Reconditioning of Tower (Exterior)- L.S. 1 $ U o U U U 0 $�> U v u o U 8. Partial (Spot) Sandblasting and Reconditioning of Tower (Interior Dry) - <15% L.S. 1 $ i 5, u v • o� $ 5 0 0 �� , o D 9. Complete Sandblasting and Reconditioning of piping (Vault /Pit) L.S 1 $ S, Uc) u 0 $ 5 u p c> U 0 10. Containment L.S. 1 $ -70, o u o vi) $ 7 e, o o o- D U 11. Install New Frost Free Vent L.S. 1 $ 00- • vu $ �" e o U 12. Tower Logos EA. 2 $ q U e 0 oo $ s3 o (z c) o 0 13. Carefully remove and reinstall insulation and install new metal jacket L.S. I $ 5, (J v o v b $ S; U L� o G D R22.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -2 Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. R22.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -3 Provide new two -step entrance concrete pad with footings L.S. 1 $ $ �1, rJ0 u 0 b Provide and install new drain "mud" valve and piping to $ 15. overflow pipe in tank bottom L.S. 1 3,0�on, ��o $ 0 p 1J 16 Remove saddle penetration and patch hole in overflow pipe L.S. 1 $ t p p 0 O CR $ /, 0 o v [5 U 17. Provide and install new overflow pipe screen L.S. 1 $ Soc.� O v $ .S'00 O O Install new conduit and telecommunication coax support $ 18. "T" brackets in cone base 6) EA 6 U D U U $ 11 00 0 0 19. Provide and install new safety climb system for all ladders L.S. 1 $ S" o(-,0 . 00 $ ra p 0 0 o 0 20 Remove existing Provide and install new roof railing L.S. 1 $ '7 • 0 o v � L7U $ ?,oco DU 21 • Provide and install 30" roof manway to interior wet L.S. 1 $ 3, (� o v U $ 22• Provide and install new interior wet ladder L.S. I $ S o0 c) 00 $ 5 0 D (> Provide and install new upper landing with drain into L.S. 23 overflow tube (Alternate Bid) 1 $ Install new dual LED aviation obstruction light and new L.S. 24, steel pivoting post 1 $ � 5 U C, 0$ '�� S b C, D 0 25• Install new water proof lights in tower interior dry (6) EA. 6 $ ° " $ 44 so O 00 Provide and install 3 bars over the top of the inlet /outlet L.S. 26 pipe in the interior wet 1 $ S a O 0 0 $ 5 0 0 - D 0 Temporarily remove and replace heated shelter in cone L.S. 27. base. 1 $a,(S6 0 $x,000 D0 Modify bottom of ladder in cone base L.S. 28. 1 $ 1 0 0 0- 00 $ l D D C) • 60 29 Replace tank bottom and dry riser tube manway gaskets EA. SOU Ob [, 60 2 $ $ poc - 30. Replace Electrical Panel in Cone Base L.S. I $I t IJ b �D 00 $ 4- U 0 p 0 U 31. Modify Roof hatch to a sealed fit L.S. 1 $ 1 v C, r> C) $ !• U b C) c) 0 Provide and Install new Rubber Boots on all roof telecom EA. 32 penetrations 15 $ Ibb -oa $ /SOU• 0b 33. Disinfection L.S. I Is I 00o - o $ r �� o C� 00 34. Two (2) Year Warranty L.S. 1 $ i O 0 o, 60 $/ c) 6 o 00 35. Site Restoration L.S. 1 $ 1, i1 0 c) . Ob Is r, 0" n U A TOTAL BASE BID UNIT PRICE $ u> (z, L 0 O Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. R22.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -3 B) TOTAL PROJECT BASE BID PRICE [Al TOTAL BASE BID UNIT PRICE + $35.000 ALLOWANCE 1. Construction of all rehabilitation items as shown on the Bid Schedule and specified in the Contract Specifications and the �r Allowance. $ C 0 ALTERNATE BIDS — UNIT PRICE SCHEDULE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Alternate v Y1 L� Y_ el Bid DOLLARS) ALTERNATE BIDS — UNIT PRICE SCHEDULE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Alternate Bid Estimated Item No. Description Unit Quantity Bid Unit Price Bid Price Complete Sandblasting and Reconditioning of Tower Alt 1. (Interior -Dry) L.S. 1 $ 1 5 U. 0• U 0$ 415, 60 b. 0 0 Provide and install new upper landing with drain into Alt_2. overflow tube L.S. 1 $ �� (3 bU • G U $ S' 0 0 U • 0 Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. 822.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -4 MATERIALS SCHEDULE INSTRUCTIONS A. Items in the following schedule have been designated as the major material items to be furnished. For each item, the Bidder must indicate which of the named manufacturer's material he intends to supply and upon which he developed his Total Unit Price Bid. Such indication should be shown by circling the manufacturer's name. B. The Bidder shall encircle one, and only one, manufacturer's name for each item in the schedule. Should Bidder fail to indicate which named manufacturer his Total Unit Price Bid is based upon, the Bidder will supply the first -named manufacturer's material. The prices for the circled materials schedule do not have to be furnished with the Bid. The lowest three bidders shall supply the equipment/material prices as requested by the ENGINEER. C. If the Bidder wishes to supply items by an un -named alternate manufacturer, he may propose a substitute manufacturer and indicate the amount by which his Total Unit Price Bid may be reduced, if the substitution is acceptable to the Owner and Engineer. Substitute materials manufacturers will generally be considered provided that: 1. The substitute material is of equal quality, function and performance to the listed material item, and it will perform satisfactorily and continuously. In this case, it will be assumed that the cost to the Contractor, if the material proposed to be substituted is accepted, is less than the material named in the schedule, and, if the substitution is approved, the contract price shall be reduced a corresponding amount by a Change Order which will be executed simultaneously with the signing of the Agreement. The cost to be deducted from the Total Unit Price Bid for acceptable substitute material shall be listed in the appropriate space on this materials schedule. 2. The material proposed for substitution is superior in construction and efficiency to that named in the Contract. In this case, there may be no Total Unit Price Bid reduction shown (indicated by a price of zero). 3. No substitute material will be considered unless, in the opinion of the Owner, it conforms to the Contract Drawings and Specifications in all respects, except for make and manufacturer and minor details. MATERIALS SCHEDULE Specification Section and Equipment Item Material Item (circle one — if not circled, first item will be used ) Name of "Alternate" Manufacturer and Amount of Deduct for "Alternate" Manufacturer 09910 Water Tank Painting Sherwin Williams nemec 1. $ Installed Price Add /Deduct 2. Installed Price Add /Deduct * * ** END OF SECTION * * ** 822.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -5 SECTION 00412 — PROJECT REFERENCES Below is a listing of the most recent projects that meet the following minimum contractor qualifications: MINIMUM CONTRACTOR QUALIFICATIONS: The Bidder shall have experience as a General Contractor in the successful completion of at least two water storage tank rehabilitations, including containment, between 50,000 and 300,000 gallons in the last five (5) years. I . Contracting Agency Description of Work Type of Storage Tank and Capacity (gallons per minute or MGD) Agency Representative Title Phone 2. Contracting Agency Description of Work Type of Storage Tank and Capacity (gallons per minute or MGD) Agency Representative Title Phone 3. Contracting Agency Description of Work Type of Storage Tank and Capacity (gallons per minute or MGD) Agency Representative Title Phone 4. Contracting Agency Description of Work Type of Storage Tank and Capacity (gallons per minute or MGD) Agency Representative Title Contract Completion Date Contract Completion Date Contract Completion Date Phone Contract Completion Date * * ** END OF SECTION * * ** R22.111289 — Columbia Heights, MN PROJECT REFERENCES 250,000 Gallon Water Tower Rehabilitation PAGE 00412 -1 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 250,000 Gallon Water Tower Rehabilitation - Columbia Heights, MN 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not mum criteria in subdivision 3 or fails to verify that it meets those Ethe criteria is not a responsible d is not eligible to be awarded a construction contract for the project or to perform work on the Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the. solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three -year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three -year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three -year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;" Rev. 11 -13 -2014 RESPONSIBLE CONTRACTOR VERIFICATION R22.111289 — Columbia Heights, MN AND CERTIFICATION OF COMPLIANCE 250,000 Gallon Water Tower Rehabilitation PAGE 00415 -1 (3) The contractor or related entity is in compliance with and, during the three -year period before submitting the verification, has not violated section 181.723 or chapter 32613. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;" (4) The contractor or related entity has not, more than twice during the three -year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;" (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three -year period before submitting the verification;" Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5, SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. RESPONSIBLE CONTRACTOR VERIFICATION 822.111289 — Columbia Heights, NIN AND CERTIFICATION OF COMPLIANCE 250,000 Gallon Water Tower Rehabilitation PAGE 00415 -2 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE, I A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) 1 have included Attachment A -1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A -2 as required. Authorized Signa ure of Ow_ er o fficer• Printed Name: *(Alv Title: Date: rCompany Name :: J NOTE: Minn. Stat. § 16C,285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. RESPONSIBLE CONTRACTOR VERIFICATION R22.111289 — Columbia Heights, NIN AND CERTIFICATION OF COMPLIANCE 250,000 Gallon Water Tower Rehabilitation PAGE 00415 -3 ATTACHMENT A -1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE j l PROJECT TITLE: a Qc) L Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project.... C" ), 6 G-L FIRST TIER SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located i,NC- RESPONSIBLE CONTRACTOR VERIFICATION R22.111289 — Columbia Heights, MN AND CERTIFICATION OF COMPLIANCE 250,000 Gallon Water Tower Rehabilitation PAGE 00415 -4 ATTACHMENT A -2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: This form must be submitted to the Project Manager or individual as identified in the solicitation document Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.... ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) home office is located RESPONSIBLE CONTRACTOR VERIFICATION R22.111289 — Columbia Heights, MN AND CERTIFICATION OF COMPLIANCE 250,000 Gallon Water Tower Rehabilitation PAGE 00415 -5 ADDITIONAL SUBCONTRACTOR NAMES Name of city where company (Legal name of company as registered with the Secretary of State) I home office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A -2 By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A -2 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. Authorized Si ature of Owner qr Officer- Printed Name: ,r Title: ! Date: Company Name: Aar, ' Z� G l e C iC( iv c J' RESPONSIBLE CONTRACTOR VERIFICATION R22.111289 —Columbia Heights, MN AND CERTIFICATION OF COMPLIANCE 250,000 Gallon Water Tower Rehabilitation PAGE 00415 -6 Experience Record 2015 Eaton Corporation Consulting Engineer: KLM Engineering Engineers Representative: Scott Kriese (651)773 -5111 Cleaning, Repairing, Painting and Full Containment of 100,000 Gallon Elevated Storage Reservoir Contract Price: $124,000.00 Eaton Corporation 14900 Technology Drive Eden Prairie, MN 55118 City of Eveleth, Minnesota Owner's Representative: Mike Wiskow (218)735 -8914 Cleaning, Repairing and Painting 200,000 Gallon Elevated Storage Reservoir Contract Price: $414,500.00 Consulting Engineer: KLM Engineering Engineers Representative: Scott Kriese (651)773 -5111 City of Eveleth 413 Pierce Street Eveleth, MN 55734 Hasting Veterans Home Consulting Engineer: Bolton & Menk Engineer's Representative: James Connor (507)625 -4171 Cleaning, Repairing, Full Lead Paint Removal and Recoating a 200,000 Gallon Elevated Reservoir State of Minnesota contract No. 75HA0021 Contract Price: $475,500.00 Odland Protective Coatings, Inc. Experience Record 2013 City of Elk River, MN Owner's Representative: Troy Adams P.E, (763) 441 -2020 Badger State Inspections Engineers Representative: Kelley Mulhern Cleaning, Repairing, Painting and Full Containment of 1,000,000 Gallon Elevated Storage Reservoir Contract Price: $625,000.00 City of Elk River 13069 Orono Parkway P.O. Box 430 Elk River, MN 55330 Experience Record 2012 City of Staples, MN Owner's Representative: Doug Bendorf (218) 894 -2550 KLM Engineering, Inc. Engineers Representative: Jack Kollmer (651)773 -5111 Cleaning, Repairing, Painting and Full Containment of 500,000 Gallon Elevated Storage Reservoir Contract Price: $525,000.00 City of Staples City Hall 112 6"' Street NE Staples, MN 55121 City of Mounds View, MN Owner's Representative: Nick DeBar (763)717 -4050 Consulting Engineer: KLM Engineering Engineers Representative: Jack Kollmer (651)773 -5111 Cleaning, Repairing and Painting 500,000 Gallon Elevated Water Storage Reservoir, Tower No. 1 Contract Price: $449,800 City of Mounds View 2401 Hwy 10 Mounds View, MN 55112 Experience Record 2011 City of Oak Park Heights, MN Owner's Representative: Chris Long (651)636 -4600 Consulting Engineer: Bonestroo Engineering Engineers Representative: Chris Long (651)636 -4600 Cleaning, Repairing, Painting and Full Containment of 500,000 Gallon Elevated Storage Reservoir Contract Price: $353,000.00 City of Oak Park Heights City Hall 14168 Oak Park Blvd. Oak Park Heights, MN 55082 City of St. Paul, MN Owner's Representative: Brad Eilts (651)266 -6878 Removal of three De -Icers unit from 2,000,000 Gallon Ground Reservoir Contract Price: $14,962.50 St. Paul Regional Water Services 1900 Rice St. St. Paul, MN 55113 City of Waconia, MN Owner's Representative: Drew Anderson (952)442 -4459 Consulting Engineer: KLM Engineering Engineers Representative: Kelly Mulhern (651)773 -5111 Cleaning, Repairing and Painting 250,000 Gallon Elevated Water Storage Reservoir, Tower No. 2 Contract Price: $153,000.00 City of Waconia 201 South Vine Street Waconia, MN 55387 Experience Record 2010 City of Mendota Heights, MN Owner's Representative: Ryan Ruzek (651)- 255 -1152 Consulting Engineer: KLM Engineering Engineers Representative: Kelly Mulhern (651)- 773 -5111 Cleaning, Repairing, Painting and Full Containment of 2,000,000 Gallon Elevated Storage Reservoir Contract Price: $1,118,000.00 City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 a 9UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407 -3909 319 - 399 -5700 Bid Bond CONTRACTOR: (Name, legal status and address) Odland Protective Coatings, Inc. 7655 Vernon Street Rockford, MN 55373 OWNER: (Name, legal status and address) City of Columbia Heights 637 - 38th Avenue NE Columbia Heights, MN SURETY: (Name, legal status and principal place Of Business) United Fire & Casualty Company 118 Second Avenue SE P.O. Box 73909 Cedar Rapids, IA 52407 BOND AMOUNT: Five Percent (5 %) of Amount Bid PROJECT: (Name, location or address, and Project number, if any) 250,000 Gallon Water Tower Rehabilitation Columbia Heights, MN This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Sign ands led this 15t day of March, 2016. (Witness) KLEIN AGENCY, INC, 3570 No. Lexington Ave. Ste. 206 /St. Paul, MN 55126 (651) 484-6461 (Witness) CONT0525 (072010) Odland Protective Coatings, Inc. (Principal) Timothv R. Odland. PreCclent & (Surety) (Seal) Attorney in Fact John C. Klein (Title) The language in this document conforms exactly to the language used in AIA Document A310 2010 edition. INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT STATE OF COUNTY OF On this personally appeared to me known to be the person bond, and acknowledged that act and deed. STATE OF MINNESOTA COUNTY OF RAMSEY On this 1" day of he , before me described in and who executed the forgoing executed the same as free CORPORATION ACKNOWLEDGEMENT day of March personally came Timothy R. Odland Notary Public 2016 , before me to me known, who being by me duly sworn, did depose and say; that he is the President of Odland Protective Coatings, Inc. , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. RITA M. CARLSON Notary Public "NOTARY PUBLIC _ MINNESOTA AAA STATE OF MINNESOTA COUNTY OF RAMSEY On this 1St SURETY ACKNOWLEDGMENT day of March , 2016 , before me appeared John C. Klein to me personally known, who, being duly sworn, did say that he is the Attorney -In -Fact of United Fire & Casualty Company of Cedar Rapids, IA that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. NOTARY PLIBLIC- MINNE TA- ��' ; `J a Notary Public UNITED TIRE & CASUALTY CONWANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WTBSTER, TX Inquiries. Surety Depai rment FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN., CA 118 Second Ave SE CERTIF'TE D COPY OF POWER OF ATTORNEY Cedar Rapids, IA 52401 (original on file ai Home Office of Company — See Certification F-NOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASU LTY COMPAN -l-, a corporation duly organized and existing under the laws of the State of Iowa, UNITED FIRE & INDEMNTTY`COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANyCLAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California �.. D. KLEIN. t called OR tJ QHNmCKL )� pK �� co. rate headquarters in Cedii; ids, State of Ir'v!ra does maKe constitute and appoint HEN M. KLEIN, OR KRISTIN M. BAKOS. OR CLINT RODNINGEN, JR., ALL INDIVIDUALLY of SAINT PAUL MN their true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bands, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $10010000,000,00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly, authorized officers of the Companies and all of the acts of'said .Attorney, pursuant to thoauthority hereby given and hereby ratificd and wrif mi ed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIP-E & 1NDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY, This Power of Attorney is made and e.xet-mled pursuant co and by authority of the fblloAi% t;ylaw, duly; adopted on May 15, 2C.'•.?, by tl:e Boards of Duectors of UNITED FIRE & CASUALT`y COMPANY, UNITED FIRE. & 1NDEMNTIY COMPANY, and FINANCIAL PACIFIC 1NSLTRANC'E COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may; from time to time., appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of arry officer authorized here by, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby, such signature and seat; when so used, being adopted by the Companies acs the original signature of such officer and the original seat of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such aiturneys -in -fart, subject to the limitations set forth ir . their respective certificates of authority shall have fall power to bind the Companies by their signature and wrutson of any such instruments and to attach the seal of the Companies thereto The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN RTTNESS WHEREOF, the COMPA_NEFS have each caused these presents to be signed by its CORPOEhTE t ' LnD ~'Fr' :� n ?�`OpP i 5 vice president and its corporate seat to be hereto affixed this 1 st day of December, 2014 . ? cuaeoEArE _ 0 _ '�� v UNITED FIRE & CASUALTY COMPANY %� sent a 6GL +r 3 r966 aa_ U'1TTED FIRE & INDEMNITY COMPAPJY =' `.ZIFOa` Y`101 FINANCIAL PACIFIC INSURANCE COMPANY dip hz►eNs.��i1' i�'e1xs T•* �` rr,nrn State of Iowa, County of Linn, ss: '�'„"`` �� On 1st day of December, 2014, before me personally came Dennis J. Richmann President to me known, who being by me duly swom, did depose and say-. that he resides in Cedar Rapids, State of Iowa, that he is a Vice President of UNITED FIRE & CASUALTY" COMPANY, a Vice President of UNITED FIRE & INL> ND41Y COMPANY , and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; That the seal affixed to the said inst€unient is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges satire to be the act and deed. of said corporations. _�p+e Mary A Bertsch�u loula issi Not anal Seal • Comtrliaai4n numt�er713273 My Commission Expires 10126,'2016 No an, Public M� Lomn;iasion expires: I012&201-6 L David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary- of UNITED FIRE. & INDEMNITY COMPANY, and Assistant Secretary of F171ANCLAL PACIFIC NSURANCE. COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said. Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN T'HE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof; and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is ;taw in full force and effect- In testimony whereof I have hereunter subscribed my name and affixed the corporate seal of the said Corporations this 1St day of March 201, _. „�,I,II,ur,,,. 04 t �.�itY4�. 0qq CaEPOEATE .` 9 6EnL BPOA004P 9115 3 iii. `y0 INS(,M�ayy =C cetWJllAIE� a.S4: -Si a� REAL tF z2.-.. 1986 a IN111{�` 'yr- r�hr�rumna`ti * +�`` Secretary, OF &C Assistant Secretary, UF&ITPIC. DOCUMENT 00450 - INFORMATION REQUESTED FROM THE LOW BIDDER (The low bidder may be requested to provide this information after the Bids are received but prior to issuing the Notice of Award) GENERAL INFORMATION The low bidder is requested to furnish the following information. Additional sheets shall be attached as required. Contractor's name and address: Contractor's telephone number: Contractor's FAX number: Contractor's E -mail address: Contractor's license: Primary Classification State License No. Supplemental Classifications held, if any Number of years as a Contractor in construction work of this type Names and titles of all officers of Contractor's firm: ATTACH TO THIS BID a list of five (5) construction contracts completed by the Contractor during the last five (5) years involving work of similar type and comparable value. The list shall include the following information as a minimum: • Name, address and telephone number of owner. • Name of project. • Location of project. • Brief description of the work involved. • Contract amount. • Date of completion of contract. • Name, address and telephone number of architect or engineer. • Name of owner's project engineer. R22.111289 — Columbia Heights, MN INFORMATION REQUESTED FROM THE LOW BIDDER 250,000 Gallon Water Tower Rehabilitation PAGE 00450 -1 LIST OF SUBCONTRACTORS The low bidder is requested to list below the name and business address of each subcontractor who will perform work under this contract in excess of one -half of one percent of the Contractor's total bid price, and shall also list the portion of the work which will be done by such subcontractor. * ** *END OF SECTION * * ** R22.111289 — Columbia Heights, NIN INFORMATION REQUESTED FROM THE LOW BIDDER 250,000 Gallon Water Tower Rehabilitation PAGE 00450 -2 Work to be Performed Percent of Contract or Dollar Amount Subcontractor Name and Address 1. 2. 3. 4. 5. 6. 7. 8. * ** *END OF SECTION * * ** R22.111289 — Columbia Heights, NIN INFORMATION REQUESTED FROM THE LOW BIDDER 250,000 Gallon Water Tower Rehabilitation PAGE 00450 -2 EJCDC = E'7OIKERS J01'J C(?P:TRICT DOJO "E": S CO "'WTTLE NOTICE OF AWARD Date of Issuance: Owner: City of Columbia Heights, Minnesota Engineer: Bolton & Menk, Inc. Project: 250,000 Gallon Water Tower Rehabilitation Columbia Heights, MN Bidder: Odland Protective Coatings, Inc. Bidder's Address: 7655 Vernon Street, Rockford, MN 55373 TO BIDDER: Owner's Contract No.: Engineer's Project No.: R22.111289 Contract Name: You are notified that Owner has accepted your Bid dated March 9, 2016 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Alt-1 is selected to be performed in lieu of Bid Item No. 8. Net increase to Total Bid Project Base Bid Price of $30,000. The Total Project Base Bid Price with the allowances and selected Alternatives shall be $393,600.00. The Contract Price of the awarded Contract is: Three Hundred Ninety Three Thousand Six Hundred Dollars ($393,600.00) Four (4) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. [revise if multiple copies accompany the Notice ofAward] ❑ a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award: 1. Deliver to Owner four (4) counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Copy: Engineer EJCDC' C -510, Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 / 7 ® DATE(MM /DD /YYYY) LoRO CERTIFICATE OF LIABILITY INSURANCE 4/13 DATE(/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the 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). 20DUCER NAME: CONTACT C. Klein KLEIN AGENCY INC PHONE 651 484 -6461 FAX 651 484 -6861 A/C No Et : ) A C, No : 3570 N Lexington Ave #206 A DORIESS:Jcklein @kleinagency.com St Paul, MN 55126 -2805 INSURER(S) AFFORDING COVERAGE NAIC# INSURED Odland Protective Coatings, Inc. 7655 Vernon Street Rockford, MN 55373 OVERAGES CERTIFICATE NUMBER- INSURER A : General Casualty Insurance Co. INSURER B: INSURER C: INSURER D INSURER E INSURER F RFVI.glnM NIIMRFR- 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. �LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DDNYYY POLICY EXP YY MM /DD/YY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE CI OCCUR EACH OCCURRENCE $ 1 O00 000 PREMISES Ea occurrence $ 100 000 X MED EXP (Any one person) $ 5,000 A Contractual X CCI 2145900 4/01/164/01/17 Liability PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- X POLICY CI J CT ❑ LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ A ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS CBA 2145900 4/01/164/01/17 P id BODILY INJURY (Per accent ( ) $ HIRED AUTOS X NON -OWNED AUTOS X PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAB CLAIMS -MADE CCU 2145900 4/01/164/01/17 DED X RETENTION$ lO , 000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER'EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A PER TH- STATUTE PER E. L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ $1,000,000 Limit B Pollution X Y G27974259 001 4/12/164/12/17$1,000,000 Aggregate Liability $2,500 Deductible - SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 250,000 Gallon Water Tower Rehabilitation '"he City of Columbia Heights and Bolton & Menk, Inc. are named as additional nsureds if required by written contract per the endorsement attached to the general liablity policy. uERTIFICATE HOLDER CANCELLATION City of Columbia Heights SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 590 40th Avenue NE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Columbia Heights, MN 55421 AUTHORIZED REPRESENTATIV ©1988 -2CH4 ACORD CORPORATION. All rights reserved. CORD25(2014/01) The ACORD name and logo are registered marks of ACORD f1 C 12C�� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD./YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 4/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the 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 Klein Agency Inc NAME: Berkley Risk Administrators, LLC 3570 N Lexington Ave Ste 206 A/c No. Ext : (888) 548 -7431 FAX No.): (866) 215 -8118 E -MAIL PolicyServices@berkleyrisk.com ADDRESS: ySOrVICeS berkle risk.com y INSURERS AFFORDING COVERAGE NAIC # St Paul, MN 55126 -8058 INSURER A: MN Workers Compensation Assigned Risk Plan 0 INSURED ODLAND PROTECTIVE COATINGS, INC. INSURER B: INSURER C: AUTOMOBILE LIABILITY 7655 VERNON STREET INSURER D: INSURER E: $ ROCKFORD MN 55373 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NIJMRFR- 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A DL INSR SUBR WVD POLICY NUMBER POLICY FF MM /DD;YYYY POLICY EXP MM /DDJYYYY LIMITS GENERAL LIABILITY AUTOMOBILE LIABILITY $ WORKERS COMPENSATION WC STATU- OTH- X ❑ A AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE [0 OFFICE /MEMBER EXCLUDED? N/A WC- 22- 04- 230129 TORY LIMITS ER E.L EACH ACCIDENT $ 100000,00 Mandatory in NH) -01 4/2/2016 4/2/2017 E.L. DISEASE -EA EMPLOYEE $ 100000.00 I (f yes, describe under E.L. DISEASE - POLICY LIMIT $ 500000.00 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Election Category Election Status Name Issue State: All Entities /Insureds: Officer Include TIMOTHY R ODLAND MN ODLAND PROTECTIVE COATINGS INC. Officer Include RILEY ODLAND 7655 VERNON STREET ROCKFORD MN 55373 CER I iFiGA I E HOLDER CANCELLATION City of Columbia Heights 590 40th Ave NE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Columbia Heights MN 55421 AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) BRAC3139 SECTION 00520 - AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Columbia Heights, Minnesota ( "Owner ") and Odland Protective Coatings, Inc. ( "Contractor "). Owner and Contractor hereby 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 all labor, materials, equipment, utilities and all other things necessary for the construction of the 250,000 Gallon Water Tower Rehabilitation, Columbia Heights, MN. 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: A. Interior Wet Rehabilitation 1. Complete removal and replacement of protective coating system B. Interior Dry Rehabilitation 1. Spot repair of protective coating system 2. (Alternate Bid) — Complete removal and replacement C. Exterior 1. Complete removal and replacement (with containment) D. Remove and replace protective coating on piping in vault/pit E. New ladder safety climb system F. Miscellaneous grinding, welding, and caulking G. Remove and re- install insulation with new metal jacket for inlet/outlet pipe H. New tank vent I. J. K. L. M. N. ARTICLE 3 - EN New aviation obstruction lights New City logo /lettering painted on exterior of tank New interior wet ladder New access manway New roof railing New security access system GINEER 3.01 The Project has been designed by Bolton & Menk, Inc., Mankato, which is to act as Owner's representative, assume all duties and responsibilities, and 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. R22.111289 — Columbia Heights, MN AGREEMENT 250,000 Gallon Water Tower Rehabilitation PAGE 00520 -1 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 Time and Dates for Substantial Completion and Final Payment A. All Work must be complete within Seventy (70) calendar days after the draining the tower. In addition all work must be substantially complete on or before October 1, 2016. Substantial completion shall be defined as the tower being able to consistently be on -line and functioning as intended. The tower shall be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before October 15, 2016. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02, above, plus any extensions thereof allowed in accordance with the Contract. 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): B. Substantial Completion: Contractor shall pay Owner one thousand five hundred dollars ($1,500.00) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02, above for Substantial Completion until the Work is substantially complete. C. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after such time until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE (UNIT PRICE) 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01A, and 5.01B below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work time the actual quantity of that item in accordance with the "Schedule of Unit Prices" attached hereto (Page 00520 -1 through page 00520 -7). The total estimated contract price is Three Hundred Ninety Three Thousand Six Hundred Dollars ($393,600.00). The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. B. For all work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. R22.111289 — Columbia Heights, MN AGREEMENT 250,000 Gallon Water Tower Rehabilitation PAGE 00520 -2 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 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 each month during performance of the Work as provided in Paragraph 6.02 A. 1. below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. The cut -off date for calculation of completed unit price quantities for monthly progress payments will be on the 251h of each month. (a) Ninety five (95) percent of Work completed (with the balance being retainage). (b) Ninety five (95) percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. The initial Progress Payment shall be paid in coordination with the OWNER'S regular accounts payable schedule falling closest after the initial Progress Payment becomes due in accordance with Paragraph 14.02 of the General Conditions. Due to differences in the OWNER'S accounts payable cycle and start of construction, initial Progress Payment may cover a period of more than or less than one month of construction. After the initial Progress Payment, subsequent Progress Payments will be made monthly in accordance with the OWNER'S regular accounts payable schedule. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 - INTEREST ARTICLE 8 - For contracts involving payment with public funds, including but not limited to cities, counties, towns, school districts, political subdivisions, or agencies of local governments, all monies not paid when due as provided in the General Conditions or Supplemental Conditions shall bear interest at a rate specified by statute. Per Minnesota Statutes 471.425, Subd4, it shall be 1 '' /z% per month or part of a month. Contractor's Representations 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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. R22.111289 — Columbia Heights, MN AGREEMENT 250,000 Gallon Water Tower Rehabilitation PAGE 00520 -3 C. Contractor is familiar with and is satisfied as to all 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings E. Contractor has considered the information known to Contractor itself, 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; and the Site - related reports and drawings identified in 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; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 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. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 3, inclusive). 4. Other bonds (pages to , inclusive). (a) (pages (b) (pages (c) (pages to , inclusive). to , inclusive). to , inclusive). 5. General Conditions (pages 1 to 65, inclusive). 6. Supplementary Conditions (pages 1 to 9, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. R22.111289 — Columbia Heights, MN 250,000 Gallon Water Tower Rehabilitation AGREEMENT PAGE 00520 -4 8. Drawings consisting of 0 sheets with each sheet bearing the following general title: for) the Drawings listed on attached sheet index. 9. Addenda (N /A). 10. Exhibits to this Agreement (enumerated as follows): (a) Contractor's Bid (pages 00410 -1 to 00430 -2, inclusive). (b) Responsible Contractors Certification and Attachment A -1 (c) Documentation submitted by Contractor prior to Notice of Award (N /A). (d) Responsible Contractor Verification and Certification of Compliance (00415 -01- 00415 -06) 11. 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 (page 00550 -1, inclusive). (b) Work Change Directives. (c) Change Orders. 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 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. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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 successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 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: R22.111289 — Columbia Heights, MN AGREEMENT 250,000 Gallon Water Tower Rehabilitation PAGE 00520 -5 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions 10.07 Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC(T C -700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline /strikeout), or in the Supplementary Conditions. R22.111289 — Columbia Heights, MN AGREEMENT 250,000 Gallon Water Tower Rehabilitation PAGE 00520 -6 A . f r �r s 1 �R 1V 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 March 30 2016 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City Columbia He hts, M' a to _. Odland Protective Coatings, Inc. By: , q c. By: Title: Mayor Title: By: ,G : l Title: Citv Manager— Attest: Title: � Address for giving notices: 590 40' Avenue NE Columbia Heights, MN 55421 (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: — (/L , Title: lal.1/IV dm- a"A&MV Address for giving notices: 7655 Vernon Street Rockford, MN 55373 License No.: (Where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority Agent for service of process: to sign and resolution or other documents authorizing execution of this Agreement.) * ** *END OF SECTION * * ** R22.111289 — Columbia Heights, MN AGREEMENT 250,000 Gallon Water Tower Rehabilitation PAGE 00520 -7 In accordance with the above understanding, the undersigned proposes to perform the Work, furnish all materials, and complete the Work in its entirety in the manner and under the conditions required for the Unit Price Contract Price(s) listed on the following pages. BID of Odland Protective Coatings Inc (Name of Bidder) Schedule of Prices for Construction of: 250,000 Gallon Elevated Water Storage Tank City of Columbia Heights, MN Bidder agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in the UNIT PRICE BID SCHEDULE and the MATERIALS SCHEDULE, 'Basis of Bid" Manufacturer and named "Alternate" Manufacturer Installed Deduct Price as furnished and ADD ITEMS. UNIT PRICE BID SCHEDULE — BASE BID Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Item Estimated No. Description Unit Quantity Bid Unit Price Bid Price I. Mobilization and site maintenance L. S. 1 $10,000.00 $10,000.00 2. Grinding (misc.) Hour 25 $100.00 $2,500.00 3. Welding (misc.) L.F. 10 $125.00 $1,250.00 4. Pit filler (misc.) L.F. 100 $10.00 $1,000.00 5. ICaulking (misc.) Hour 1 $150.00 $150.00 te Sandblasting and Reconditioning of Tower Wet) +7(Exterior) L. S. 1 $70,000.00 $70,000.00 te Sandblasting and Reconditioning of Tower - L.S. 1 $80,000.00 $80,000.00 Partial (Spot) Sandblasting and Reconditioning of Tower 8. (Interior Dry) - <15% L. S. 1 $15,000.00 $15,000.00 Complete Sandblasting and Reconditioning of piping 9. (Vault/Pit) L.S 1 $5,000.00 $5,000.00 10. Containment L. S. 1 $70,000.00 $70,000.00 Install New Frost Free Vent 11. 1 L. S. 1 $5,000.00 $5,000.00 12. Tower Logos EA. 2 $4,000.00 $8,000.00 Carefully remove and reinstall insulation and install new metal jacket L.S. 1 13. 5 000.00 $5,000.00 R22.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -2 14. Provide new two -step entrance concrete pad with footings L.S. 1 $2,000.00 $2,000.00 Provide and install new drain "mud" valve and piping to L.S. 1 15. overflow pipe in tank bottom $3,000.00 $3,000.00 16. 1 Remove saddle penetration and patch hole in overflow pipe L.S. 1 $1,000.00 17. Provide and install new overflow pipe screen L.S. 1 $500.00 $500.00 Install new conduit and telecommunication coax support EA 6 18. "T" brackets in cone base 6) $200.00 $1,200.00 19. Provide and install new safety climb system for all ladders L.S. 1 1$5,000.00 $5,000.00 20. Remove existing Provide and install new roof railing L. S. 1 $7,000.00 $7,000.00 21 • Provide and install 30" roof manway to interior wet L. S. 1 $3,000.00 $3,000.00 22, Provide and install new interior wet ladder L.S. 1 $5,000.00 $5,000.00 Provide and install new upper landing with drain into L.S. 23 overflow tube (Alternate Bid) 1 $5,000.00 $5,000.00 Install new dual LED aviation obstruction light and new L.S. 24. steel pivoting post 1 $2,500.00 $2,500.00 25. Install new water proof lights in tower interior dry (6) EA. 6 $750.00 $4,500.00 Provide and install 3 bars over the top of the inlet/outlet L.S. 26. pipe in the interior wet 1 $500.00 $500.00 Temporarily remove and replace heated shelter in cone L.S. 27 base. 1 $2,000.00 $2,000.00 L.S. Modify bottom of ladder in cone base 28• 1 $1,000.00 $1,000.00 29 Replace tank bottom and dry riser tube manway gaskets EA. 2 $500.00 $1,000.00 30. Replace Electrical Panel in Cone Base L.S. 1 $4,000.00 $4,000.00 31. Modify Roof hatch to a sealed fit L.S. 1 $1,000.00 $1,000.00 Provide and Install new Rubber Boots on all roof telecom EA. 32 penetrations 15 $100.00 $1,500.00 33. Disinfection L. S. 1 $1,000.00 1$1,000.00 34. Two (2) Year Warranty L.S. 1 $1,000.00 $1,000.00 35. Site Restoration L. 1 $1,000.00 $1,000.00 A TOTAL BASE BID UNIT PRICEI $328,600.00 Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. R22.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -3 B) TOTAL PROJECT BASE BID PRICE fA) TOTAL BASE BID UNIT PRICE + $35,000 ALLOWANCEI 1. Construction of all rehabilitation items as shown on the Bid Schedule and specified in the Contract Specifications and the Allowance. $328,600.00 (Three Hundred Twenty Eight Thousand Six Hundred DOLLARS) ALTERNATE BIDS — UNIT PRICE SCHEDULE Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Alternate Bid Estimated Item No. Description Unit Quantity Bid Unit Price Bid Price Complete Sandblasting and Reconditioning of Tower Alt-1. (Interior -Dry) L.S. 1 $45,000.00 $45,000.00 Provide and install new upper landing with drain into Alt-2- overflow tube L. S. 1 $5,000.00 $5,000.00 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. R22.111289 — Columbia Heights, MN BID SCHEDULE 250,000 Gallon Elevated Water Storage Tank PAGE 00411 -4 SECTION 00550 - NOTICE TO PROCEED Date: Project: 250,000 Gallon Water Tower Rehabilitation Columbia Heights, MN Owner: City of Columbia Heights, Minnesota Owner's Contract No.: Contract Amount: $393,600.00 Engineer's Project No.: R22.111289 Contractor: Odland Protective Coatings, Inc. Contractor's Address: 7655 Vernon Street, Rockford, MN 55373 You are notified that the Contract Times under the above Contract will commence to run on , On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, all work must be complete within Seventy (70) calendar days after the draining of the tower. In addition the date of Substantial Completion is October 1, 2016, and the date of readiness for final payment is October 15, 2016. Before you may start any Work at the Site, Paragraph 2.01.13 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. City of BY: TITLE: ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this, the day of , 20 By Title Copy to Engineer R22.111289 — Columbia Heights, MN NOTICE TO PROCEED 250,000 Gallon Water Tower Rehabilitation PAGE 00550 -1 E_XEIC= E`,G!",EERS JO!',- GVFRfi Si G 't W',`-, rU't):: M-F CONTRACTOR (name and address): Odland Protective Coatings, Inc. 7655 Vernon Street Rockford, MN 55373 Executed in four copies PERFORMANCE BOND SURETY (name and address of principal place of business): United Fire & Casualty Company 118 Second Avenue SE, PO Box 73909 Cedar Rapids, IA 52407 -3909 OWNER (name and address): City of Columbia Heights, Minnesota 590 40th Ave. N E Columbia Heights, MN 55121 CONSTRUCTION CONTRACT Effective Date of the Agreement: March 30, 2016 Amount: $ 393,600.00 Description (name and location): 250,000 Gallon Water Tower Rehabilitation - Columbia Heights, MN BOND Bond Number: 54- 208229 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): April 5, 2016 Amount: $393,600.00 Modifications to this Bond Form: ® None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Odland Protective Coatings, Inc. (se I) Contractor's Name an Corporate Seal By / r' ✓C� Signature Print Name Timothy R. Odland Title President Attest: Signature Title SURETY United Fire & Casualty Company (seal) Surety's Name and Corporate Seal By: Signature (attach power of orney) Print Na 4e John C. Klein KLEIN AGENCY, INC. Title Attorney -in -Fact o. Lexington Ave. 0p, ul, MN 55126 Attest: �JW�JV�•{�/h� f j_�� Signature ' Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or 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 the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. E1CDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 11. 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 located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond areas follows: EJCDC® C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 INDIVIDUAL ACKNOWLEDGEMENT STATE OF COUNTY OF On the day of , 20 , before me, a Notary Public within and for said county, personally appeared , to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that (s)he executed the same as his /her free act and deed. Notary Public, My Commission Expires: (Notarial Seal) CORPORATE ACKNOWLEDGEMENT STATE OF Minnesota COUNTY OF County, On the day of , 20 , before me, personally appeared Timothy R. Odland to me known, who being by me duly sworn, did depose and say that (s)he resides in , that (s)he is the President ofodland Protective Coatings, Inc the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that Whe signed his /her name thereto by like order. (Notarial Seal) STATE OF Minnesota S' Notary Public, SG County, % niqRSO �Q My Commission Expires: 3/ 20 0 If ACKNOWLEDGEMENT OF CORPORATE SURETY COUNTY OF Ramsey ) On the 5th day of April , 20 16 , before me, appeared John Q. Klein , to to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the United Fire & Casualty , a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (�I'��✓ rV(l� �� d¢� Notary Public, &M'S'ev County, Mi n n e s o to �3 SIO$HAN CHERRY ��1 s, NOTARY PUBLIC MINNESOTA My Commission Expires: �f y it t • I �Q�Q �,m;,•y My Cormussion Expires Jan. 31, 2020 E113 09/16/13 EJCDC PAYMENT BOND Executed in four copies CONTRACTOR (name and address): SURETY (name and address of principal place of business): Odland Protective Coatings, Inc. United Fire & Casualty Company 7655 Vernon Street 118 Second Avenue SE, PO Box 73909 Rockford, MN 55373 Cedar Rapids, IA 52407 -3909 City of Columbia Heights, Minnesota OWNER (name and address): 590 40th Ave. NE CONSTRUCTION CONTRACT Columbia Heights, MN 55121 Effective Date of the Agreement: March 30, 2016 Amount: $393,600.00 Description (name and location): 250,000 Gallon Water Tower Rehabilitation - Columbia Heights, MN BOND Bond Number: 54- 208229 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): April 5, 2016 Amount: $393,600.00 Modifications to this Bond Form: ❑X None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Odland Protective Coatings, Inc (seal) Contractor's Name a Corporate Seal eag4t5��By� Signatur Timothy R. Odland Print Name President Title 411:411 United Fire & Casualty Company (seal) Surety's Name and Corporate Se Sig ature (attach power of AGENCY, INC. ?: John C. Klein ' No Lexington Ave, Print Name 484 -6461 Attorney -i n -Fact Title Attest: SA& Attest: �- Signature Signature okm Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC° C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind 6. If a notice of non - payment required by Paragraph 5.1.1 is of the Construction Contract and to satisfy claims, if any, themselves, their heirs, executors, administrators, given by the Owner to the Contractor, that is sufficient to and the name of the party to whom the successors, and assigns to the Owner to pay for labor, satisfy a Claimant's obligation to furnish a written notice of they agree that all funds earned by the Contractor in the materials, and equipment furnished for use in the non - payment under Paragraph 5.1.1. labor was done or performed, within performance of the Construction Contract, which is ninety (90) days after having last this Bond, subject to the Owner's priority to use the funds incorporated herein by reference, subject to the following 7. When a Claimant has satisfied the conditions of Paragraph materials or equipment included in the terms. 5.1 or 5.2, whichever is applicable, the Surety shall 10. The Surety shall not be liable to the Owner, Claimants, or promptly and at the Surety's expense take the following 2. If the Contractor promptly makes payment of all sums due actions: liable for the payment of any costs or expenses of any to Claimants, and defends, indemnifies, and holds Claimant under this Bond, and shall have under this Bond 5.2 Claimants who are employed by or have a direct harmless the Owner from claims, demands, liens, or suits 7.1 Send an answer to the Claimant, with a copy to the behalf of Claimants, or otherwise have any obligations to by any person or entity seeking payment for labor, Owner, within sixty (60) days after receipt of the 13). materials, or equipment furnished for use in the Claim, stating the amounts that are undisputed and 11. The Surety hereby waives notice of any change, including performance of the Construction Contract, then the Surety the basis for challenging any amounts that are and the Contractor shall have no obligation under this disputed; and Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, Bond. 7.2 Pay or arrange for payment of any undisputed 3. If there is no Owner Default under the Construction amounts. Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the 7.3 The Surety's failure to discharge its obligations Contractor and the Surety (at the address described in under Paragraph 7.1 or 7.2 shall not be deemed to Paragraph 13) of claims, demands, liens, or suits against constitute a waiver of defenses the Surety or the Owner or the Owner's property by any person or Contractor may have or acquire as to a Claim, entity seeking payment for labor, materials, or equipment except as to undisputed amounts for which the furnished for use in the performance of the Construction Surety and Claimant have reached agreement. If, Contract, and tendered defense of such claims, demands, however, the Surety fails to discharge its liens, or suits to the Contractor and the Surety. obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable 4. When the Owner has satisfied the conditions in Paragraph attorney's fees the Claimant incurs thereafter to 3, the Surety shall promptly and at the Surety's expense recover any sums found to be due and owing to defend, indemnify, and hold harmless the Owner against a the Claimant. duly tendered claim, demand, lien, or suit. 8. The Surety's total obligation shall not exceed the amount 5. The Surety's obligations to a Claimant under this Bond of this Bond, plus the amount of reasonable attorney's shall arise after the following: fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good 5.1 Claimants who do not have a direct contract with faith by the Surety. the Contractor, 9. Amounts owed by the Owner to the Contractor under the 5.1.1 have furnished a written notice of non- Construction Contract shall be used for the performance payment to the Contractor, stating with of the Construction Contract and to satisfy claims, if any, substantial accuracy the amount claimed under any construction performance bond. By the and the name of the party to whom the Contractor furnishing and the Owner accepting this Bond, materials were, or equipment was, they agree that all funds earned by the Contractor in the furnished or supplied or for whom the performance of the Construction Contract are dedicated labor was done or performed, within to satisfy obligations of the Contractor and Surety under ninety (90) days after having last this Bond, subject to the Owner's priority to use the funds performed labor or last furnished for the completion of the work. materials or equipment included in the Claim; and 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated 5.1.2 have sent a Claim to the Surety (at the to the Construction Contract. The Owner shall not be address described in Paragraph 13). liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond 5.2 Claimants who are employed by or have a direct no obligation to make payments to or give notice on contract with the Contractor have sent a Claim to behalf of Claimants, or otherwise have any obligations to the Surety (at the address described in Paragraph Claimants under this Bond. 13). 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents, 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond areas follows: EJCDC® C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 This Page Left Blank Intentionally INDIVIDUAL ACKNOWLEDGEMENT STATE OF COUNTY OF On the day of , 20 , before me, a Notary Public within and for said county, personally appeared , to me known to be the person described in and who executed the foregoing instrument, as Principal, and acknowledged to me that (s)he executed the same as his /her free act and deed. Notary Public, My Commission Expires: (Notarial Seal) CORPORATE ACKNOWLEDGEMENT STATE OF Minnesota COUNTY OF ) County, On the day of , 20 , before me, personally appeared Timothy R. Odland to me known, who being by me duly sworn, did depose and say that (s)he resides in , that (s)he is the President ofodiand Protective Coatings, inc the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his /her name thereto by like order. S108HAN CHERRY Notary Public, #Ise County, nnes o14 NOTARY PUBLIC - MINNESOTA �MY 'w &#ec Jim. 31,2020 My Commission Expires: Ll 31 262o (Notarial Seal) ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF Minnesota COUNTY OF Ramsey On the 5th day of April , 20 16 , before me, appeared John C. Klein , to to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the United Fire & Casualty , a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. T4&w v"M Notary Public, kams-ew County, / nnesofq o SI08HANCHERRY �I 2.02-0 2.02-0 D NOTARYPUBLIC - MINNESOTA My Commission Expires: �.! r�� i w.L.,s My CWr*wiw Expires Jan. 31, 2020 (No E113 09/16/13 AMC UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX Inquiries: Surety Department g1p:1 UM FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA 118 Second Ave SE CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids, IA 52401 (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE. COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collective) called the Comppanies) andhavin their corporate headquarters in Cedar Rapids, State of Iowa, does make constitute and appoint JOHN D. KLEIN, OR JOHN C. KLEIN, OR STEPHEN M. KLEIN, OR KRISTIN M. BAKOS, OR CLINT RdDNINGEN, JR., ALL INDIVIDUALLY of SAINT PAUL MN their true and lawful Attorney(s) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. " +«40+1011"''�, IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its G�F ......... pggy�':� vice president and its corporate seal to be hereto affixed this 1st day of December, 2014 CORI'OAATE y''r. w.A C01iPORATf g? � Q; 2G0 'Wj�, ��_ PLY zz �' � __ UNITED FIRE &CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY SEAL 1986 = SEAL 'ems a 'aa OFOP�\!'T2� FINANCIAL PACIFIC INSURANCE COMPANY By. State of Iowa, County of Linn, ss: Vice President On 1st day of December, 2014, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; 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 corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.. Pt +e Mary o rial Seal C�Z�'^ "' Iowa Notarial Seal Commission number 713273 Notary Public owe My Commission Expires 10/26/2016 My commission expires: 10/26/2016 I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in fall force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 5th day of April 12Q_ 16 . y +a�'�r,s "u,,�''� k CO 2 CORPORATE °Yy ,a= SEAL ''''�' Ililp +�O`� BP'OA0049 0115 aptt lN© /Nii� ��\\ \6 INsV'lll�y � i'i, .� GtE 49y y r. eotxroRATE �vLY zz� o —'— - s SEAL }� 1986 °: e9C lFGRa T�� %.1 114 BY: Secretary, OF &C Assistant Secretary, UFReI/FPIC 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. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by EJCDC'- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC %nktc �N (aioN(n M ENGINI l t;inc ( ONIP .Mj S ASCE •\%'!RICA, LCJF U .....'16:77;,;.. National Society of - ° Professional Engineerse Endorsed by SCSI NpqAt EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC° C -520, Stipulated Sum, or C -525, Cost -Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC° C -800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C -001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347 -7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.eacdc.org, or from any of the sponsoring organizations above. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS ARTICLE 1— Definitions and Terminology ...................................................... ............... Page ...............1 1.01 Defined Terms ..................................................................................... ..............................1 1.02 Terminology ........................................................................................ ..............................5 ARTICLE 2 — Preliminary Matters ................................................................... ..............................6 2.01 Delivery of Bonds and Evidence of Insurance ...................................... ............................... 6 2.02 Copies of Documents ........................................................................... ..............................6 2.03 Before Starting Construction ............................................................... ..............................6 2.04 Preconstruction Conference; Designation of Authorized Representatives ..........................7 2.05 Initial Acceptance of Schedules ........................................................... ............................... 7 2.06 Electronic Transmittals ........................................................................ ..............................7 ARTICLE 3 — Documents: Intent, Requirements, Reuse .................................. ..............................8 3.01 Intent ................................................................................................. ............................... 8 3.02 Reference Standards ........................................................................... ..............................8 3.03 Reporting and Resolving Discrepancies ................................................ ..............................8 3.04 Requirements of the Contract Documents .......................................... ............................... 9 3.05 Reuse of Documents ......................................................................... ......I........................ 10 ARTICLE 4 — Commencement and Progress of the Work ............................... .............................10 4.01 Commencement of Contract Times; Notice to Proceed ............................................. I...... 10 4.02 Starting the Work ............................................................................. ............................... 10 4.03 Reference Points ................................................................................ .............................10 4.04 Progress Schedule ............................................................................ ............................... 10 4.05 Delays in Contractor's Progress .......................................................... .............................11 ARTICLE 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions.................................................................................................... .............................12 5.01 Availability of Lands .......................................................................... ............................... 12 5.02 Use of Site and Other Areas .............................................................. ............................... 12 5.03 Subsurface and Physical Conditions .................................................... .............................13 5.04 Differing Subsurface or Physical Conditions ...................................... ............................... 14 5.05 Underground Facilities ...................................................................... ............................... 15 5.06 Hazardous Environmental Conditions at Site .................................... ............................... 17 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i ARTICLE 6 - Bonds and Insurance ................................................................. .............................19 6.01 Performance, Payment, and Other Bonds ......................................... ............................... 19 6.02 Insurance - General Provisions ........................................................... .............................19 6.03 Contractor's Insurance ..................................................................... ............................... 20 6.04 Owner's Liability Insurance ................................................................. .............................23 6.05 Property Insurance ............................................................................. .............................23 6.06 Waiver of Rights ............................................................................... ............................... 25 6.07 Receipt and Application of Property Insurance Proceeds .................. ............................... 26 ARTICLE 7 - Contractor's Responsibilities ..................................................... .............................26 7.01 Supervision and Superintendence ..................................................... ............................... 26 7.02 Labor; Working Hours ....................................................................... ............................... 26 7.03 Services, Materials, and Equipment .................................................. ............................... 26 7.04 "Or Equals" ....................................................................................... ............................... 27 7.05 Substitutes ....................................................................................... ............................... 28 7.06 Concerning Subcontractors, Suppliers, and Others ........................... ............................... 29 7.07 Patent Fees and Royalties ................................................................. ............................... 31 7.08 Permits ............................................................................................... .............................31 7.09 Taxes .................................................................................................. .............................32 7.10 Laws and Regulations ....................................................................... ............................... 32 7.11 Record Documents ............................................................................. .............................32 7.12 Safety and Protection ....................................................................... ............................... 32 7.13 Safety Representative ....................................................................... ............................... 33 7.14 Hazard Communication Programs ....................................................... .............................33 7.15 Emergencies ....................................................................................... .............................34 7.16 Shop Drawings, Samples, and Other Submittals ................................ ............................... 34 7.17 Contractor's General Warranty and Guarantee ................................. ............................... 36 7.18 Indemnification .................................................................................. .............................37 7.19 Delegation of Professional Design Services ....................................... ............................... 37 ARTICLE8 - Other Work at the Site .............................................................. .............................38 8.01 Other Work ...................................................................................... ............................... 38 8.02 Coordination .................................................................................... ............................... 39 8.03 Legal Relationships ............................................................................. .............................39 ARTICLE 9 - Owner's Responsibilities ........................................................... .............................40 9.01 Communications to Contractor ......................................................... ............................... 40 9.02 Replacement of Engineer .................................................................... .............................40 E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii 9.03 Furnish Data ..................................................................................... ............................... 40 9.04 Pay When Due .................................................................................... .............................40 9.05 Lands and Easements; Reports, Tests, and Drawings ........................... .............................40 9.06 Insurance ........................................................................................... .............................40 9.07 Change Orders .................................................................................. ............................... 40 9.08 Inspections, Tests, and Approvals ....................................................... .............................41 9.09 Limitations on Owner's Responsibilities .............................................. .............................41 9.10 Undisclosed Hazardous Environmental Condition ............................... .............................41 9.11 Evidence of Financial Arrangements ................................................... .............................41 9.12 Safety Programs ............................................................................... ............................... 41 ARTICLE 10- Engineer's Status During Construction .................................... .............................41 10.01 Owner's Representative ................................................................... ............................... 41 10.02 Visits to Site ...................................................................................... ............................... 41 10.03 Project Representative ..................................................................... ............................... 42 10.04 Rejecting Defective Work ................................................................. ............................... 42 10.05 Shop Drawings, Change Orders and Payments .................................... .............................42 10.06 Determinations for Unit Price Work .................................................... .............................42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................42 10.08 Limitations on Engineer's Authority and Responsibilities .................... .............................42 10.09 Compliance with Safety Program ........................................................ .............................43 ARTICLE 11- Amending the Contract Documents; Changes in the Work ...... .............................43 11.01 Amending and Supplementing Contract Documents ........................... .............................43 11.02 Owner- Authorized Changes in the Work ............................................. .............................44 11.03 Unauthorized Changes in the Work .................................................... .............................44 11.04 Change of Contract Price .................................................................... .............................44 11.05 Change of Contract Times ................................................................. ............................... 45 11.06 Change Proposals ............................................................................... .............................45 11.07 Execution of Change Orders ............................................................... .............................46 11.08 Notification to Surety ......................................................................... .............................47 ARTICLE12 - Claims ..................................................................................... .............................47 12.01 Claims ................................................................................................ .............................47 ARTICLE 13 - Cost of the Work; Allowances; Unit Price Work ....................... .............................48 13.01 Cost of the Work .............................................................................. ............................... 48 13.02 Allowances ......................................................................................... .............................50 13.03 Unit Price Work ................................................................................ ............................... 51 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii ARTICLE 14 —Tests and Inspections; Correction, Removal or Acceptance of Defective Work ..... 52 14.01 Access to Work ................................................................................. ............................... 52 14.02 Tests, Inspections, and Approvals ..................................................... ............................... 52 14.03 Defective Work ................................................................................. ............................... 53 14.04 Acceptance of Defective Work .......................................................... ............................... 53 14.05 Uncovering Work ................................................................................ .............................53 14.06 Owner May Stop the Work ............................................................... ............................... 54 14.07 Owner May Correct Defective Work ................................................. ............................... 54 ARTICLE 15 — Payments to Contractor; Set -Offs; Completion; Correction Period .......................55 15.01 Progress Payments ........................................................................... ............................... 55 15.02 Contractor's Warranty of Title .......................................................... ............................... 58 15.03 Substantial Completion .................................................................... ............................... 58 15.04 Partial Use or Occupancy .................................................................... .............................59 15.05 Final Inspection ................................................................................ ............................... 59 15.06 Final Payment ..................................................................................... .............................59 15.07 Waiver of Claims .............................................................................. ............................... 61 15.08 Correction Period ............................................................................. ............................... 61 ARTICLE 16 — Suspension of Work and Termination ..................................... .............................62 16.01 Owner May Suspend Work ............................................................... ............................... 62 16.02 Owner May Terminate for Cause ...................................................... ............................... 62 16.03 Owner May Terminate For Convenience ........................................... ............................... 63 16.04 Contractor May Stop Work or Terminate .......................................... ............................... 63 ARTICLE 17 — Final Resolution of Disputes .................................................... .............................64 17.01 Methods and Procedures .................................................................. ............................... 64 ARTICLE18— Miscellaneous ......................................................................... .............................64 18.01 Giving Notice ...................................................................................... .............................64 18.02 Computation of Times ...................................................................... ............................... 64 18.03 Cumulative Remedies ......................................................................... .............................64 18.04 Limitation of Damages ...................................................................... ............................... 65 18.05 No Waiver ........................................................................................ ............................... 65 18.06 Survival of Obligations ...................................................................... ............................... 65 18.07 Controlling Law ................................................................................ ............................... 65 18.08 Headings .......................................................................................... ............................... 65 E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv ARTICLE 1– DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set -off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 65 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern — Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq. ( "CERCLA "); (b) the Hazardous Materials Transportation Act, 49 U.S.C. § §5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. § §6901 et seq. ( "RCRA "); (d) the Toxic Substances Control Act, 15 U.S.C. § §2601 et seq.; (e) the Clean Water Act, 33 U.S.C. § §1251 et seq.; (f) the Clean Air Act, 42 U.S.C. § §7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer —The individual or entity named as such in the Agreement. 21. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 24. Liens — Charges, security interests, or encumbrances upon Contract - related funds, real property, or personal property. 25. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A written notice 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. 28. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. 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. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start -up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual —The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 43. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. 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; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs 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 Article 10 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 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well - known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 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. 2.04 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 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, 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 and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 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 2.03.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 the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project - related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, 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. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers 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 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; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. 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. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 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 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EICDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. 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, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, 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 Times and Contract Price. 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. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. 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. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 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. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, 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 any such claim, and against all 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 claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent 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); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, 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 fall within any one or more of the categories described in Paragraph 5.04.A; 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 Paragraph 13.03; and, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 c. 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. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a 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 otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent 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 do not warrant or guarantee 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 information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; 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 Paragraph 13.03; c. 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; and d. Contractor gave the notice required in Paragraph 5.05.6. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 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 removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) 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 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set -off against payments to account for the associated costs. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If 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, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set -off. H. 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, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. To the fullest extent permitted 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 (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.6, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. 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 failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 6S ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance— General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A -VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self- insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self- insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set -off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability— Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. 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. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured — Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against 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. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 industry- standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean -up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; 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 (including as applicable those arising from both ongoing and completed operations) on a non - contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that 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. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07' and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner - furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co- insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance /hot testing and start -up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each otherinsured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, 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 insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the 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 Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, 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 or Contractor as trustee or fiduciary, 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 occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.13 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, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the 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, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 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, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.03 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 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work 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. 7.04 "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 Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item 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 is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that 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, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or- equal" request. Engineer may require Contractor to furnish additional EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 data about the proposed "or- equal" item. Engineer will be the sole judge of acceptability. No "or- equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or- equal ", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or- equal" request shall result in any change in Contract Price. The Engineer's denial of an "or- equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.6, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. 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. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. 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 the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. 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 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. 7.08 Permits A. Unless otherwise provided in the Contract Documents, 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 the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 7.09 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. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance 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 or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and 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 such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value- added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 6S 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.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 at its expense (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 protection 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 15.06.6 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion), G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 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. 7.14 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 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 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. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; C. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. 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 EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. 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. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set -off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 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 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; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, 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 indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any 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, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 37 of 65 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16. D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owners employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. 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. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, 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 Contractors Work except for latent defects and deficiencies in such other work. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. 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. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set -off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set -off against payments due to Contractor. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) 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 any such claims, and against all 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 damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor 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. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs 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. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 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. 10.02 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 10.08. Particularly, but without limitation, during E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. Page 41 of 65 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. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. 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. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, orjudgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. E1CD[® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 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 15.06.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 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes 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. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner - 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. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 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, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04. C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.6.1 and 13.01.6.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.6.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.6.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set -off against payment due; or seek other relief under EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. 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; 2. changes in Contract Price resulting from an Owner set -off, unless Contractor has duly contested such set -off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 — CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one -half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost - plus -fee, time - and - materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work 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 13.01.C, 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, and vacation and holiday pay applicable EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 6S 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 13.01. 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. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.6. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 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. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 B. Cash Allowances: Contractor agrees that: 1. 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 2. 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: 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. 13.03 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. Payments to Contractorfor Unit Price Work will be based on actual quantities. 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. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price 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; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it 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 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 ARTICLE 14— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction 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. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set -off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set -off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set -off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 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 perform the Work in such a way that the completed Work will conform to the Contract Documents, then 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. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: I. 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, a warehouse bond, 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. C. Review of Applications: Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, 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. 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: EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 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 13.03, 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; 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 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set -off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non - compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set -off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 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 and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. 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 preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 58 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. 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 punch list. 15.04 Partial Use or Occupancy 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. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be 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 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the 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. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 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 Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 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 to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms 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. 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 repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 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, 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 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 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 written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and 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); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.13 and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) 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 16.03. 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 determined 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 are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 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, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non - enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 Supplementary Conditions for Edition C -700 EJCDC - 2013 250,000 Gallon Water Tower Rehabilitation City of Columbia Heights, Minnesota 822.111289 Page intentionally left blank DOCUMENT 00800 - SUPPLEMENTARY CONDITIONS EJCDC C -700 — 2013 Standard Edition INDEX SUPPLEMENTARY CONDITIONS GENERAL COMMENTS SC -5.03 SUBSURFACE AND PHYSICAL CONDITIONS SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS SC -6.02 INSURANCE — GENERAL PROVISIONS SC -6.03 CONTRACTOR'S INSURANCE SC -6.05 PROPERTY INSURANCE SC -7.08 PERMITS SC -7.11 RECORD DOCUMENTS SC -7.12 SAFETY AND PROTECTION SC -7.20 PROGRESS PAYMENTS TO SUBCONTRACTORS SC -8.02 COORDINATION SC -10.03 PROJECT REPRESENTATIVE SC -13.03 UNIT PRICE WORK SC- 15.01.13.4 APPLICATIONS FOR PAYMENTS SC- 15.01.D.1 PAYMENT BECOMES DUE SC -15.04 PARTIAL UTILIZATION SC- 15.06.A.4 WITHHOLDING OF INCOME TAX AT SOURCE SC -15.08 CORRECTION PERIOD R22.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -1 Page intentionally left blank. R22.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS ' 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -2 SUPPLEMENTARY CONDITIONS TO THE STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SUPPLEMENTARY CONDITIONS - GENERAL COMMENTS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C -700 (2013 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terns used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS Delete subparagraphs 5.06.A.1 and 5.06.A.2 in their entirety and insert the following: 5.06.A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. SC -6.02 INSURANCE — GENERAL PROVISIONS SC -6.02 Add the following paragraph immediately after Paragraph 6.02.B: Contractor may obtain worker's compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the project is located, (b) is certified or authorized as a worker's compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker's compensation insurance for similar projects by the state within the last 12 months. SC -6.03 CONTRACTOR'S INSURANCE SC -6.03 Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: State: Federal, if applicable (e.g., Longshoreman's): Employer's Liability: Bodily injury, each accident Bodily injury by disease, each employee Bodily injury/disease aggregate Foreign voluntary worker compensation 822.111289 — Columbia Heights, MN 250,000 Gallon Water Tower Rehabilitation Statutory Statutory $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 Statutory SUPPLEMENTARY CONDITIONS PAGE 00800 -3 2. Contractor's Commercial General Liability under Paragraphs 6.03.13 and 6.03.0 of the General Conditions: General Aggregate 2,000,000.00 Products - Completed Operations Aggregate $ 2,000,000.00 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 Personal and Advertising Injury $ 1,000,000.00 3. Automobile Liability under Paragraph 6.03.D. of the General Conditions: Bodily Injury: Each person $ 1,000,000.00 Each accident $ 1,000,000.00 Property Damage: Each accident $ 1,000,000.00 OR Combined Single Limit of $ 1,000,000.00 4. Contractor's Pollution Liability: Per Occurrence $ 1,000,000 General Aggregate $ 1,000,000 ❑ If box is checked, Contractor is not required to provide Contractor's Pollution Liability insurance under this Contract 5. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following: [Here list by name (not category, role, or classification) other persons or entities to be included on the commercial general liability, automobile liability, umbrella or excess, and pollution liability policies as additional insureds.] SC -6.05 PROPERTY INSURANCE SC -6.05 Add the following to the list of items in Paragraph 6.05.A, as numbered items: 14. include for the benefit of Owner loss of profits and soft cost coverage including, without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days, plus attorney's fees and engineering or other consultants' fees, if not otherwise covered; 15. include by express endorsement coverage of damage to Contractor's equipment. Add the following to the list of requirements in Paragraph 6.05.A, after item 13, as numbered items: 14. include for the benefit of Owner loss of profits and soft cost coverage including, without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days, plus attorney's fees and engineering or other consultants' fees, if not otherwise covered; 15. Include by express endorsement coverage of damage to Contractor's equipment. r� 822.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -4 SC -7.08 PERMITS The following Paragraph 7.08.13 shall be added immediately after Paragraph 7.08.A: 7.08.13. If the OWNER has obtained, or has applied for, the necessary construction permits from any regulatory agencies, they will be addressed in Section 01410, Regulatory Requirements, of the Specifications. CONTRACTOR shall obtain and pay for all construction permits, licenses and bonds, not specifically highlighted as previously obtained, or applied for, in the referenced Section. SC -7.11 RECORD DOCUMENTS The following Paragraphs 7.11.13 through 7.1 LC shall be added immediately after Paragraph 7.11.A: 7.11.13. The purpose of the final Project Record Documents is to provide factual information regarding all aspects of the work, both concealed and visible, to enable future modification of the work to proceed without lengthy and expensive site measurement, investigation, and examination. 7.11.C. Prior to submitting a request for final payment, submit the final Project Record Documents to the Engineer and/or Owner for approval. Approval of the Record Documents shall not constitute final acceptance of the completed project. SC -7.12 SAFETY AND PROTECTION The following Paragraph 7.12.A.4 shall be added immediately after Paragraph 7.12.A.3: 7.12.A.4. The OWNER, ENGINEER or their representatives may indicate potential safety hazards noticed at the construction site. However, the CONTRACTOR shall remain the only party liable for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. SC -7.20. PROGRESS PAYMENTS TO SUBCONTRACTORS Add the following Paragraph 7.20 immediately after Paragraph 7.19 7.20. Progress Payments to Subcontractors (Use only for Minnesota Projects) For contracts involving payment with public funds within the State of Minnesota, including but not limited to cities, counties, towns, school districts, political subdivisions or agencies of local government, within ten days after receipt of payment has been made to the Prime Contractor, the Prime Contractor shall make payment to all Subcontractors for undisputed services provided by the Subcontractor. The Prime Contractor shall pay interest of 1.5% per month or for any part of a month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00 for an unpaid balance of less than $100.00, the Prime Contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil action to collect interest penalties from a Prime Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. SC -8.02 COORDINATION Delete Paragraph 8.02.A and 8.02.13 in its entirety and replace with the following: 8.02.A. Owner intends to contract with others for the performance of other work on the Project at the Site. 1. All work associated with wireless equipment removal is planned to occur prior to work covered by the project manual; 2. Some coordination with Owner and Owner's wireless equipment consultant (SEH, Inc.) will be required and shall be incidental to Contractors bid price; 822.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -5 SC -10.03 PROJECT REPRESENTATIVE Add the following new paragraphs immediately after Paragraph 10.03.A: 10.03.B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project - related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. C. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor - approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. C. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; R22.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -6 and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. C. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. C. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer's visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer's final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. R22.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -7 Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. 10.03.C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SC -13.03 UNIT PRICE WORK Delete Paragraph 13.03.E. in its entirety and insert the following in its place: 13.03.E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the original bid amount of a particular item of Unit Price Work amounts to five (5) percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than twenty (20) percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if Contractor believes that Contractor has incurred additional expense as a result thereof or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. SC- 15.01.B.4 APPLICATIONS FOR PAYMENT Add the following Paragraph 15.01.13.4 immediately after Paragraph 15.01.B.3. 15.01.13.4. All out -of -state contractors shall comply with all State of Minnesota surety deposit requirements. The OWNER may withhold an additional sum of 8 percent of the amount due the CONTRACTOR from each payment and forward it to the Department of Revenue until the CONTRACTOR's state tax obligations are considered fulfilled unless the CONTRACTOR can show reason for exemption. Exemption will be granted provided the out - of -state CONTRACTOR meets the exemption guidelines established for the Minnesota Department of Revenue. All necessary forms may be obtained from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, Minnesota 55146 -4450, or phone 1- 800 - 657 -3777 or online at: http• / /www revenue. state.mn.us / businesses /withholding /Pages/Forms.aspx . R22.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -8 SC- 15.01.D.1 PAYMENT BECOMES DUE Delete Paragraph 15.01.D.I in its entirety and replace with the following: 15.01.D. I The time period for payment shall be in accordance with the Agreement. SC -15.04 PARTIAL UTILIZATION Add the following Paragraph 15.04.B immediately after Paragraph 15.04.A.4 of the General Conditions. Paragraph 15.043 modifies Paragraph 15.04.A of the General Conditions and reference is made thereto. 15.04.B. Nothing in Paragraph 15.04.A shall obligate the CONTRACTOR to apply for a Certificate of Substantial Completion for any part of this Project. The provisions for partial utilization of the Project, if any, are established by the Specifications and no Certificate of Substantial Completion will be issued for partial utilization occurring within the terms of the Specifications. Partial utilization of the Project not covered by the Specifications shall be in accordance with Paragraph 15.04.A and its sub - paragraphs. If a Certificate of Substantial Completion is not issued, Substantial Completion shall be when final payment is due in accordance with Paragraph 15.06.D. SC- 15.06.A.4. WITHHOLDING OF INCOME TAX AT SOURCE Add the following Paragraph 15.06.A.4. Immediately following Paragraph 15.06.A.3 of the General Conditions and immediately before 15.06.B: 15.06.A.4. "Final payment will not be made to the CONTRACTOR until a certificate showing that the CONTRACTOR has complied with the provisions of M.S.A. 290.92 requiring withholding of income tax on wages at the source. Said certificate shall be executed by the Commissioner of Revenue. Forms for certification may be obtained from the Commissioner of Revenue, Centennial Building, St. Paul, Minnesota 55145." SC -15.08 CORRECTION PERIOD Modify Paragraphs 15.08.A of the General Conditions to change all references for the correction period length from one year to two years, except for luminaries, which is five years. Add the following Paragraph 15.08.17 immediately after Paragraph 15.08.E: 15.08.F. For purposes of this Paragraph 15.08, the date of Substantial Completion shall be interpreted as the date when final payment is due in accordance with Paragraph 15.06.13 and 15.06.C, and the two year correction period shall commence on the date when final payment is due in accordance with Paragraph 15.06.13 and 15.06.C, unless otherwise modified by the Specifications or by Written Agreement. * * ** END OF SECTION * * ** R22.111289 — Columbia Heights, MN SUPPLEMENTARY CONDITIONS 250,000 Gallon Water Tower Rehabilitation PAGE 00800 -9 SECTION 00801 - RESIDENT PROJECT REPRESENTATIVE PART 1 -- GENERAL 1.1 RESIDENT PROJECT REPRESENTATIVE A. If OWNER and ENGINEER agree, the ENGINEER will furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the Work of the CONTRACTOR. 1.2 LIAISON WITH THE ENGINEER A. Through more extensive on -site observations of the Work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER endeavors to provide further protection for OWNER against defects and deficiencies in the Work; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 1.3 DUTIES AND RESPONSIBILITIES OF THE RPR A. The duties and responsibilities of the RPR are limited to those of ENGINEER in the construction Contract Documents, and are further limited and described as follows: B. General 1. RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. C. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: (a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. (b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: (a) Record date of receipt of Shop Drawings and samples. R22.111289 - Columbia Heights, MN RESIDENT PROJECT REPRESENTATIVE 250,000 Gallon Water Tower Rehabilitation PAGE 00801 -1 (b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. (c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: (a) Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. (b) Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. (c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. (d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: (a) Maintain orderly files for correspondence, reports or job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other project related documents. (b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. (c) Record names, addresses and telephone numbers of all contractors, subcontractors and major suppliers of materials and equipment. 9. Reports: (a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. (b) Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. (c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. (d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. R22.111289 - Columbia Heights, MN RESIDENT PROJECT REPRESENTATIVE 250,000 Gallon Water Tower Rehabilitation PAGE 00801 -2 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: (a) Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. (b) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. D. Limitations of Authority 1. Resident Project Representative: (a) Shall not authorize any deviation from the Contract Document or substitution of materials or equipment, unless authorized by ENGINEER. (b) Shall not exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. (c) Shall not undertake any of the responsibilities of CONTRACTOR, subcontractor or CONTRACTOR'S superintendent. (d) Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. (e) Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. PART 2 -- NOT USED PART 3 -- NOT USED * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN RESIDENT PROJECT REPRESENTATIVE 250,000 Gallon Water Tower Rehabilitation PAGE 00801 -3 SECTION 00991— CHANGE ORDER (Instructions on reverse side) No. PROJECT: DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: ENGINEER'S Project No.: CONTRACTOR: ENGINEER: You are directed to make the following changes in the Contract Documents. Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion days or dates $ Ready for final payment days or dates Net changes from previous Change Orders No. _ to No. _ Net changes from previous Change Orders No.—to No._ $ _ days Contract Price Prior to this Change Order Contract Times prior to this Change Order Substantial Completion days or dates $ Ready for final payment days or dates Net (Increase/Decrease/No Change) of this Change Order Net (Increase/Decrease/No Change) of this Change Order $ _days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion days or dates $ Ready for final payment days or dates RECOMMENDED: APPROVED: ACCEPTED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date: I EJCDC No. 191008 -B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. R22.111289 — Columbia Heights, MN CHANGE ORDER 250,000 Gallon Water Tower Rehabilitation PAGE 00991 -1 CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed, any effect of a Change Order thereon should be addressed. For supplemental instructions and monitor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachment based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. R22.111289 — Columbia Heights, MN CHANGE ORDER 250,000 Gallon Water Tower Rehabilitation PAGE 00991 -2 SECTION 00992 — ENGINEER'S FIELD ORDER OWNER ❑ ENGINEER'S ENGINEER ❑ CONSULTANTS ❑ FIELD ORDER CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: FIELD ORDER NO: (name, address) OWNER: DATE: TO: (CONTRACTOR) ENGINEER'S PROJECT NO: CONTRACT FOR: CONTRACT DATED: You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If ou consider that a change in Contract y g act Sum or Contract Time is required, please submit your itemized proposal to the Engineer immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Field Order will in that event be suspended by a Change Order. Description: (Here insert a written description of the interpretation or change) Attachments: (Here insert listing of attached documents that support description) ENGINEER: R22.111289 - Columbia Heights, MN 250,000 Gallon Water Tower Rehabilitation DATE: ENGINEER'S FIELD ORDER PAGE 00992 -1 SECTION 00993 — PROPOSAL REQUEST OWNER ❑ PROPOSAL ENGINEER ❑ CONSULTANTS ❑ REQUEST CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: (name, address) OWNER: TO: (CONTRACTOR) PROPOSAL REQUEST NO: DATE: ENGINEER'S PROJECT NO: CONTRACT FOR: CONTRACT DATED: Please submit an itemized quotation for changes in the Contract Sum and /or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written Description of the Work) Attachments: (List Attached Documents that Support Description) ENGINEER: DATE: R22.111289 - Columbia Heights, MN PROPOSAL REQUEST 250,000 Gallon Water Tower Rehabilitation PAGE 00993 -1 SECTION 00994 — WORK CHANGE DIRECTIVE (Instructions on reverse side) No. PROJECT: DATE OF ISSUANCE: OWNER: OWNER's Contract No.: CONTRACTOR: EFFECTIVE DATE: ENGINEER: You are directed to proceed promptly with following change(s). Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If a claim is made that the above change(s) have affected Contract Price or Contract Times, any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of detennining change in Contract Price: ❑ Unit Prices ❑ Lump Sum ❑ Other Estimated Increase (Increase/Decrease) in Contract Price: If the change involves an increase, the estimated amount is not to be exceeded without further authorization. RECOMMENDED: By: ENGINEER (Authorized Signature) R22.111289 - Columbia Heights, MN 250,000 Gallon Water Tower Rehabilitation Method of determining change in Contract Times: ❑ Contractor's records ❑ Engineer's records ❑ Other Estimated Increase (Increase/Decrease) in Contract Times: Substantial Completion: days; Ready for final payment: days. If the change involves an increase, the estimated times are not to be exceeded without further authorization. AUTHORIZED: By: OWNER (Authorized Signature) WORK CHANGE DIRECTIVE PAGE 00994 -1 WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a possible change in the Contract Price or the Contract Times a Field Order may be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERRING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or change Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated price is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable ". METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIMES: Mark the method to be used in determining the change in Contract Times and the estimated increase or decrease in Contract Times. If the change involves an increase in the Contract Times and the estimated times are approached before the additional or changed Work is complete, another Work Change Directive must be issued to change the times or Contractor may stop the changed Work when the estimated times are reached. If the Work Change Directive is not likely to change the Contract Times, the space for estimated increase (decrease) should be marked "Not Applicable ". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize change in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Once the Work covered by this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. R22.111289 - Columbia Heights, MN WORK CHANGE DIRECTIVE 250,000 Gallon Water Tower Rehabilitation PAGE 00994 -2 BOLTON a- M F== N K , I NC® • Consulting Engineers & Surveyors t� 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433 -2851 • Fax (763) 427 -0833 www.bolton - menk.com LETTER OF TRANSMITTAL Contractor Name ATTN Contractor Address Contractor City, State, WE ARE SENDING YOU ® Attached ® Shop drawings DATE: BMI #. ATTENTION: RE: Project Name Project Location SUBMITTAL NO. ❑ Under separate cover via the following items: ❑ Prints ❑ Specifications ❑ Copy of letter No. Copies Specification Section Subject of Shop Drawing or Other Submittal Review Action Submitted (One (1) spec section per submittal) (To be filled in by Engineer) Review Action Explanation: A. No Exceptions Taken C. Amend - Resubmit B. Make Corrections Noted D. Rejected- Resubmit Comments: (To be filled in by Engineer) ❑ The CONTRACTOR hereby notifies the OWNER that this Shop Drawing is in conformance with Article 6 of the General Conditions to the Contract Documents. ❑ The CONTRACTOR hereby notifies the OWNER that this Shop Drawing is not in conformance with Article 6 of the General Conditions to the Contract Documents and nevertheless asks approval thereof. The features not in conformance are as follows: 1. 2. CONTRACTOR SIGNED: 3. 4. DATE: 5. (To be filled in by Engineer) COPY TO: ENGINEER SIGNED: DATE: Distribution: LJ Contractor U Owner ❑ File ❑ Field Office ❑ Other R22.111289 - Columbia Heights, MN LETTER OF TRANSMITTAL 250,000 Gallon Water Tower Rehabilitation PAGE 00995 -1 DIVISION 1 GENERAL REQUIREMENTS SECTION 01010 - SUMMARY OF WORK PART 1 -- GENERAL 1.1 GENERAL A. The WORK to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, supplies, and manufactured articles and for furnishing all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be performed, furnished, and installed by the CONTRACTOR as though originally so specified or shown, at no increase in cost to the OWNER. 1.2 PROJECT LOCATION A. The project is located in the City of Columbia Heights, Minnesota which is located in Anoka County, Minnesota. The project location is shown on the vicinity map in the design drawing set. 1.3 PROJECT DESCRIPTION A. The work hereafter referred to requires the complete construction and start-up necessary for the facility with all required necessary equipment, generally described, but not limited to, in the following paragraphs: B. Interior Wet Rehabilitation 1. Complete removal and replacement of protective coating system C. Interior Dry Rehabilitation 1. Spot repair of protective coating system 2. (Alternate Bid) — Complete removal and replacement D. Exterior 1. Complete removal and replacement (with containment) E. Remove and replace protective coating on piping in vault /pit F. New ladder safety climb system G. Miscellaneous grinding, welding, and caulking H. Remove and re- install insulation with new metal jacket for inlet /outlet pipe I. New tank vent J. New aviation obstruction lights K. New City logo /lettering painted on exterior of tank L. New interior wet ladder M. New access manway N. New roof railing O. New security access system R22.111289 - Columbia Heights, MN SUMMARY OF WORK 250,000 Gallon Water Tower Rehabilitation PAGE 01010 -1 1.4 ORDER OF THE WORK A. The work shall be carried on at such places on the project and also in such order or precedence as may be found necessary by the Engineer to expedite the completion of the project. After work has begun on any portion of the project, it shall be carried forward to its final completion. All work shall conform to the provisions of the approved Contractor's schedule. 1.5 INTERFERENCE WITH WORK ON UTILITIES A. The Contractor shall cooperate fully with all utility forces of the OWNER or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the work, and shall schedule the work so as to minimize interference with said relocation, altering, or other rearranging of facilities. 1.6 SEQUENCE OF CONSTRUCTION A. The Contractor shall at all times conduct his operations so as to minimize any impact on existing treatment processes and water supply. At no time shall the Contractor's operations cause the OWNER to abandon any portion of the treatment process. B. The Contractor shall coordinate all process interruptions with the OWNER, Engineer and operations staff. All construction shall be coordinated with the plant operations staff at all times. Any night work and overtime payments which may be required for modifications performed at low flow shall be considered to have been included in the price bid for work. 1.7 CONTRACTOR USE OF PROJECT SITE A. The CONTRACTOR's use of the project site shall be limited to its construction operations, including on -site storage of materials, on -site fabrication facilities, and field offices. B. Wireless providers will remove their equipment from the tower prior to the project start date. Coordination with Owner (and SEH, Inc., the Owner's wireless consultant) may be required and shall be incidental to Contractors bid. 1.8 OWNER USE OF THE PROJECT SITE A. The OWNER may utilize all or part of the existing site and existing facilities during the entire period of construction. The CONTRACTOR shall cooperate with the OWNER to minimize interference with the CONTRACTOR's operations and to facilitate the OWNER's operations. In any event, the OWNER shall be allowed access to the project site during the period of construction. . . PART 2 -- PRODUCTS (NOT USED) , PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION r� y. R22.111289 - Columbia Heights, MN SUMMARY OF WORK 250,000 Gallon Water Tower Rehabilitation PAGE 01010 -2 - SECTION 01020 — ALLOWANCES PART 1 -- GENERAL 1.1 GENERAL A. Contractor shall include in total base bid allowances as specified in this Section. 1.2 DEFINITION OF ALLOWANCES A. General Construction Allowance: Allowance to be utilized for payment of miscellaneous project changes. Use of allowance requires Engineer approval of project changes and associated cost. B. Security Allowance: Allowance to be utilized for payment of Security /Access Contractor designated by the Owner to add hardware and electrical appurtenances and coordinate with City IT Department to incorporate HID proximity card access at water tower truck -gate, man -gate and man-door, as well as Pump House No. 3 man-door. Coordination with security contractor is expected to be minimal but shall be incidental to bid. See Appendix D for background figure and scope of work by Security /Access Contractor. Use of allowance requires Engineer approval of project changes and associated cost. 1.3 SCHEDULE OF ALLOWANCE /VALUES A. General Construction Allowance: $20,000 B. Security Allowance: $15,000 C. Total Allowance to be Included in Base Bid: $35,000 PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN ALLOWANCES 250,000 Gallon Water Tower Rehabilitation PAGE 01020 -1 SECTION 01025 - MEASUREMENT AND PAYMENT PART 1 -- GENERAL 1.1 SCHEDULE OF VALUES A. Within ten days after the Effective Date of the Agreement, the CONTRACTOR shall prepare and submit to the ENGINEER for approval, a detailed Schedule of Values or cost by breakdown by major specification sections of the total contract price. The Schedule of Values shall be sufficiently detailed to provide a basis for progress payments. 1.2 REQUEST FOR PAYMENTS A. Applications for payment shall be submitted in accordance with the Schedule of Values and General Conditions and shall be submitted on forms approved by the ENGINEER. Application for payment shall be made at least two days prior to the monthly Construction Progress Meeting. B. The CONTRACTOR shall furnish the ENGINEER promptly, upon request, all information and records necessary to determine the cost of the work for purposes of estimating monthly payments, including a satisfactory itemized statement of the actual cost of all acceptable materials delivered by the CONTRACTOR to the site as required by the General Conditions. 1.3 ENGINEER'S PAY ESTIMATE A. On or about the 25th day of each month, the ENGINEER will prepare and certify to the OWNER, an estimate of the cumulative amount and value of work performed by the CONTRACTOR up to that date. Said amount will include all acceptable materials and equipment delivered to the site of the work as defined in the General Conditions. Said value will be based on certified copies of invoices delivered by the CONTRACTOR to the ENGINEER. To this figure will be added all amounts due or paid the CONTRACTOR for performance of extra work in accordance with change orders. B. The ENGINEER's estimate of the monthly payment due the CONTRACTOR will not be required to be made by strict measurement, and an approximate estimate will suffice. The monthly payments may be withheld or reduced if, in the ENGINEER's opinion, the CONTRACTOR is not diligently or efficiently endeavoring to comply with the intent of the contract, or if the CONTRACTOR fails to pay his labor and material bills as they become due. C. No monthly payment shall be construed as an acceptance of the work or of any portion of the work, nor shall the making of such payment preclude the OWNER from demanding and recovering from the CONTRACTOR any damages caused by the CONTRACTOR's failure to comply with the requirements of the Contract. 1.4 PROGRESS PAYMENT A. Progress payments will become due 30 days after presentation of the Application for Payment with ENGINEER's recommendation as required by the General Conditions and as modified by the Supplementary Conditions. B. The schedule of Progress Payments may be altered by the Agreement or Purchase Order. 1.5 FINAL PAYMENT A. Final payment will be made as specified in Section 01700 and subject to provisions of the General Conditions and as modified by the Supplementary Conditions. R22.111289 - Columbia Heights, MN MEASUREMENT AND PAYMENT 250,000 Gallon Water Tower Rehabilitation PAGE 01025 -1 1.6 CHANGE ORDER PROCEDURES A. Changes in the Work will be authorized by a written Change Order, or Engineer's Field Order. B. Changes of contract price will be made by a written Change Order. C. The ENGINEER or OWNER will request an official proposal for change orders. D. Refer to the General Conditions for change order details. E. Blank copies of a Change Order, Proposal Request and Engineer's Field Order are included in project section 00991, 00992 and 00993. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN MEASUREMENT AND PAYMENT 250,000 Gallon Water Tower Rehabilitation PAGE 01025 -2 SECTION 01040 - SEQUENCE OF CONSTRUCTION PART 1 -- GENERAL 1.1 INTERRUPTION OF WATER SUPPLY AND DISTRIBUTION A. The Contractor shall at all times conduct his operations so as to minimize any impact on existing water supply and distribution system. B. The Contractor shall coordinate all process interruptions with the OWNER, Engineer and operations staff. All construction shall be coordinated with the operations staff at all times. Construction if requires interruption shall not proceed until written approval has been given by the Engineer. Any night work and overtime payments required for modifications performed at low flow or demand period shall be considered to have been included in the price bid for work. 1.2 SEQUENCE OF CONSTRUCTION A. General Work under the contract shall be scheduled and performed in such a manner as to result in the least possible disruption to the operation of the existing water system facilities. The Contractor shall submit to the Engineer a construction schedule covering the entire work before any work is commenced. The schedule shall be complete with estimated dates for start and finish of each item of work. The following construction constraints should be used as a guideline in preparing the scheduling. Deviation from these suggested sequences is permitted if techniques and methods known to the Contractor will result in reducing the disruption of the facility operation and is concurred with by the Engineer. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * ** END OF SECTION * ** R22.111289 - Columbia Heights, MN SEQUENCE OF CONSTRUCTION 250,000 Gallon Water Tower Rehabilitation PAGE 01040 -1 SECTION 01090 - REFERENCES PART 1 -- GENERAL 1.1 GENERAL A. Applicable codes and standards referred to in these specifications shall establish minimum requirements for equipment, materials, construction and shall be superseded by more stringent requirements of drawings and specifications when and where they occur. B. Reference to standard specifications of any technical society, organization, or association or to codes of local or State authorities shall mean the latest standard, code, specification or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. C. All equipment furnished and installed under the contract shall be so designed, fabricated, assembled, installed, and placed into service that such equipment will conform to the applicable provisions of the Federal and State Safety and Health Standards. D. All construction methods and tools shall conform to the applicable provisions of the Federal and State Safety and Health Standards, and shall comply with commonly accepted standards for safety and health of personnel engaged on construction work. E. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the ENGINEER for clarification and directions prior to ordering or providing any materials or labor. The CONTRACTOR shall bid the most stringent requirements. 1.2 TRADE NAMES AND ALTERNATIVES A. For convenience in designation in the Contract Documents, materials to be incorporated in the WORK may be designated under a trade name or the name of a manufacturer and its catalog information. The use of alternative material which is equal in quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and suitability of such alternative equipment products, or other materials shall be upon the CONTRACTOR. 2. The ENGINEER will be the sole judge as to the comparative quality and suitability of such alternative equipment, products, or other materials and its decision shall be final. B. Wherever in the Contract Documents the name or the name and address of a manufacturer or distributor is given for a product or other material, or if any other source of a product or material is indicated, such information is given for the convenience of the CONTRACTOR only, and no limit, restriction, or direction is indicated or intended thereby, nor is the accuracy or reliability of such information guaranteed. It shall be the responsibility of the CONTRACTOR to determine the accuracy of the information and to identify and locate any such manufacturer, distributor, or other source of any product or material called for in the Contract Documents. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN REFERENCES 250,000 Gallon Water Tower Rehabilitation PAGE 01090 -1 SECTION 01092 - ABBREVIATIONS PART 1 -- GENERAL 1.1 GENERAL A. Wherever in these Specifications references are made to the standards, specifications, or other published data of the various national, regional, or local organizations, such organizations may be referred to by their acronym or abbreviation only. As a guide to the user of these specifications, the following acronyms or abbreviations which may appear in these specifications shall have the meanings indicated herein. 1.2 ABBREVIATIONS AND ACRONYMS AAMA American Architectural Manufacturers Association AASHTO American Association of the State Highway and Transportation Officials ACI American Concrete Institute AFBMA Anti - Friction Bearing Manufacturer's Association, Inc. AGA American Gas Association AGMA American Gear Manufacturers' Association Al The Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association ASA Acoustical Society of America ASAE American Society of Agriculture Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating, and Air Conditioning Engineers ASLE American Society of Lubricating Engineers ASME American Society of Mechanical Engineers ASQC American Society for Quality Control ASSE American Society of Sanitary Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BBC Basic Building Code, Building Officials and Code Administrators International BHMA Builders Hardware Manufacturer's Association CBM Certified Ballast Manufacturers CEAM City Engineer's Association of Minnesota CGA Compressed Gas Association CLFMI Chain Link Fence Manufacturers Institute CMA Concrete Masonry Association CRSI Concrete Reinforcement and Steel Institute EIA Electronic Industries Association ETL Electrical Test Laboratories IBC International Building Code, International Conference of Building Officials ICBO International Conference of Building Officials 822.111289 - Columbia Heights, NIN ABBREVIATIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01092 -1 IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association ISA Instrument Society of America ISO Insurance Services Office MBMA Metal Building Manufacturer's Association MnDOT Minnesota Department of Transportation MPTA Mechanical Power Transmission of Association NAAMM National Association of Architectural Metal Manufacturer's NACE National Association of Corrosion Engineers NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NGLI National Lubricating Grease Institute OSHA Occupational Safety and Health Act of 1970 PCA Portland Cement Association SAE Society of Automotive Engineers SAMA Scientific Apparatus Makers Association SMA Screen Manufacturer's Association SSPC Steel Structures Painting Council SSPWC Standard Specifications for Public Works Construction UL Underwriters' Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau WCRSI Western Concrete Reinforcing Steel Institute WRI Wire Reinforcement Institute, Inc. WWPA Western Wood Products Association PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN ABBREVIATIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01092 -2 SECTION 01200 - PROJECT MEETINGS PART 1 -- GENERAL 1.1 PRECONSTRUCTION CONFERENCE A. Prior to the start of construction, a joint meeting will be held with representatives of the Contractor, the OWNER, the Engineer, and any other interested parties. This meeting is intended to introduce the various key personnel from each organization and to discuss the start of construction, order of work, labor and legal requirements, provisions of State labor laws, insurance requirements, method of payment, weekly payrolls, shop drawing requirements, protection of existing facilities, location of disposal and stockpile areas, and other pertinent items associated with the project. B. The Contractor shall be required to discuss his proposed detailed construction progress schedule as presented in Section 01300, and Schedule of Values as required by paragraph 2.05.A.3. of the General Conditions at this conference. All such construction schedules shall be subject to the approval of the Engineer and applicable public agencies. 1.2 CONSTRUCTION PROGRESS MEETINGS A. Meetings may be held at least monthly or as needed between the OWNER, Contractor and Engineer for the purpose of reviewing the project schedule, the status of the project, and the Contractor's request for payment. B. The Contractor shall submit within at least two working days before the Construction Progress Meeting, a brief written report as to status of project in relation to the construction schedule and issues to be discussed at the Construction Progress Meeting. C. The Contractor shall submit to the Engineer at least two working days before the monthly progress meeting a request for payment. 1.3 FINAL PROJECT COMPLETION MEETINGS A. Final project completion meetings shall be held between the Contractor, the OWNER, and the Engineer and any other interested parties to determine final acceptance of the project. The final project completion meeting shall follow the loan or grant issuing agency and state regulatory agency completion of construction policy. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN PROJECT MEETINGS 250,000 Gallon Water Tower Rehabilitation PAGE 01200 -1 SECTION 01300 - SUBMITTALS PART 1 -- GENERAL 1.1 LIST OF SUBCONTRACTORS AND SUPPLIERS A. Prior to the execution and delivery of the contract, the successful bidder shall submit a complete list of all sub - contractors and suppliers with whom he proposes to contract. The list shall be divided into sections corresponding to the specification divisions, and shall state name, address and telephone numbers together with work or items to be furnished. The list cannot be revised without written approval by the OWNER. The CONTRACTOR is responsible for compliance with specified requirements by all sub - contractors. B. This list shall be submitted in addition to or as a supplement to any similar lists required to be submitted with the bid. 1.2 CONSTRUCTION PROGRESS SCHEDULE A. A project management tool such as a bar chart shall be employed by the CONTRACTOR for cost value reporting, planning and scheduling of all work required under the Contract Documents. B. Time of Submittal: Within 10 working days after the Effective Date of the Agreement, the CONTRACTOR shall submit for approval of the ENGINEER a bar chart diagram describing the activities to be accomplished in the project and their dependency relationships. The schedule produced and submitted shall indicate a project completion date on or before the contract completion date. The ENGINEER, within 10 working days after receipt of the bar chart diagram, shall meet with a representative of the CONTRACTOR to review the proposed plan and schedule. C. Review Period: Within five working days after the conclusion of the ENGINEER's review period, the CONTRACTOR shall revise the bar chart diagram as required and re- submit the diagram. D. Acceptance: When the initial construction schedule has been accepted, the CONTRACTOR shall submit to the ENGINEER four copies of the accepted schedule. E. Construction Schedule Revisions: The ENGINEER may require the CONTRACTOR to modify any portions of the bar chart schedule that become infeasible because of "activities behind schedule" or for any other valid reason. An activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. Failure to submit a revised project schedule where so requested by the ENGINEER shall be cause for withholding a requested progress payment. F. Revision Due to Change Order: Upon approval of a change order, the approved change shall be reflected in the next bar chart submittal by the CONTRACTOR. 1.3 SCHEDULE OF VALUES A. Schedule of values shall be submitted as specified in Section 01025 "Measurement and Payment ". 1.4 CONTRACTOR'S DAILY REPORTS A. The CONTRACTOR shall complete a daily report on forms furnished by the ENGINEER indicating manpower, equipment and sub - contractors involved in performance of the work. B. CONTRACTOR shall submit copies of daily report forms to the ENGINEER monthly. R22.111289 - Columbia Heights, MN SUBMITTALS 250,000 Gallon Water Tower Rehabilitation PAGE 01300 -1 1.5 MONTHLY PROJECT STATUS REPORT A. The CONTRACTOR shall submit within two working days before the Construction Progress Meeting, a brief written Monthly Project Status Report. B. The Monthly Project Status Report shall discuss the status of the project in relation to the construction progress schedule and identify issues to be discussed at the Monthly Construction Progress Meeting. 1.6 SHOP DRAWINGS A. The CONTRACTOR shall submit, within 10 days after the effective date of the agreement a complete list of equipment and materials requiring shop drawing approval. The term "shop drawing" as used herein shall be understood to include detailed design calculations, fabrication and installation drawings, erection drawings, lists, graphs, operating instructions, catalog sheets, data sheets and similar items. Unless otherwise required, said drawings shall be submitted at a time sufficiently early to allow review of same by the ENGINEER, and to accommodate the rate of construction progress required under the contract. The shop drawing list shall contain an estimated submittal date for each piece of equipment. The ENGINEER shall return prints of each shop drawing with his comments within 30 calendar days after receipt of shop drawings from the CONTRACTOR. If the CONTRACTOR and OWNER determines that a speedy review of a submittal is critical to progress of the project, then he should notify the ENGINEER at least 15 days in advance and request a speedy review of the submittal. The ENGINEER will return submittal within 15 days such critical submittals. If the review by the ENGINEER is delayed beyond a reasonable period usually sixty days then the CONTRACTOR shall notify the ENGINEER in writing that unless the said shop drawing is returned to the contractor within three (3) business days or there may be a delay CONTRACTOR's construction schedule. B. The CONTRACTOR shall review all the submittals before forwarding them to the ENGINEER for review. The submittals shall be on conformance with the CONTRACT DOCUMENTS and any minor variations shall be noted in the transmittal form. It is considered reasonable that the CONTRACTOR shall make a complete and acceptable submittal by the second submission of drawings. The OWNER reserves the right to withhold money due the CONTRACTOR to cover additional costs of the ENGINEER's review beyond the second submission. Six copies of shop and settings drawings and schedules are required. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him six corrected copies, and furnish such other copies as required. If the CONTRACTOR desires more than one approved copy, he shall submit additional drawings. All shop drawings shall be submitted through the General CONTRACTOR and be accompanied by the ENGINEER's standard shop drawing transmittal form. This form may be obtained in quantity from the ENGINEER at reproduction cost. All resubmittals shall include one copy of the previously rejected submittal. C. All shop drawings shall be submitted electronically utilizing Submittal Exchange as follows: 1. ELECTRONIC SUBMITTAL PROCEDURES — SUBMITTAL EXCHANGE (a) Summary: (1) Shop drawing and product data submittals shall be transmitted to Engineer in electronic (PDF) format using Submittal Exchange, a website service designed specifically for transmitting submittals between construction team members. (2) The intent of electronic submittals is to expedite the construction process by reducing paperwork, improving information flow, and decreasing turnaround time. (3) The electronic submittal process is not intended for color samples, color charts, or physical material samples R22.111289 - Columbia Heights, MN SUBMITTALS 250,000 Gallon Water Tower Rehabilitation PAGE 01300 -2 (b) Procedures: (1) Submittal Preparation — Contractor may use any or all of the following options: 1. Subcontractors and Suppliers provide electronic (PDF) submittals to contractor via the Submittal Exchange website. 2. Subcontractors and Supplier provide paper submittals to General Contractor who electronically scans and converts to PDF format. 3. Subcontractors and Supplier provide paper submittals to Scanning Service which electronically scans and converts to PDF format. (2) Contractor shall review and apply electronic stamp certifying that the submittal complies with the requirements of the Contract Documents including verification of manufacturer / product, dimensions and coordination of information with other parts of the work. (3) Contractor shall transmit each submittal to Engineer using the Submittal Exchange website, www.submittalexchange.com. (4) Engineer review comments will be made available on the Submittal Exchange website for downloading. Contractor will receive email notice of completed review. (5) Distribution of reviewed submittals to subcontractors and suppliers is the responsibility of the Contractor. (6) Contractor shall submit three paper copies of reviewed submittals upon approval of shop drawings to Engineer. (c) Costs: (1) General Contractor shall include the full cost of Submittal Exchange project subscription in their Lump Sum Base Bid. This cost shall be included in the contract amount. Contact Submittal ExchangeChris Fiddelke @ 515- 393 -2414 to verify cost prior to bid. (2) At Contractor's option, training is available from Submittal Exchange regarding use of website and PDF submittals. Contact Submittal Exchange at 1- 800 - 714 -0024. (3) Internet Service and Equipment Requirements: a. Email address and Internet access at Contractor's main office. b. Adobe Acrobat (www.adobe.com), Bluebeam PDF Revu (www.bluebeam.com), or other similar PDF review software for applying electronic stamps and comments. D. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Drawings and Specifications, and shall not be taken as the basis of claims for extra work. The CONTRACTOR shall have no claim for damages or extension of time due to any delay resulting from the CONTRACTOR's having to make the required revisions to shop drawings. The review of said drawings by the ENGINEER will be limited to checking for general agreement with the specifications and drawings, and shall in no way relieve the CONTRACTOR of responsibility for errors or omissions contained therein, nor shall such review operate to waive or modify any provision contained in the Specifications or Contract Drawings. Fabricating dimensions, quantities of material, applicable code requirements and other contract requirements shall be the CONTRACTOR's responsibility. The ENGINEER will not be responsible for any delays arising from equipment supplier's delay in making the changes requested to meet the specifications. E. Each submittal shall contain data representing only one specification Section. R22.111289 - Columbia Heights, MN SUBMITTALS 250,000 Gallon Water Tower Rehabilitation PAGE 01300 -3 1.7 SAMPLES A. Unless otherwise specified, whenever in the Specifications samples are required, the CONTRACTOR shall submit not less than two samples of each such item or material to the ENGINEER for approval at no additional cost to the OWNER. B. Samples, as required herein, shall be submitted for approval a minimum of 21 days prior to ordering such material for delivery to the job -site, and shall be submitted in an orderly sequence so that dependent materials or equipment can be assembled and reviewed without causing delays in the work. C. All samples shall be individually and indelibly labeled or tagged, indicating thereon all specified physical characteristics and manufacturer's names for identification and submittal to the ENGINEER for approval. Upon receiving approval of the ENGINEER, one set of the samples will be stamped and dated by the ENGINEER and returned to the CONTRACTOR. One set will be retained by the ENGINEER until completion of the work. D. Unless otherwise specified, all colors and textures of specified items will be selected by the ENGINEER from the manufacturer's standard colors and standard materials, products or equipment lines. 1.8 MAINTENANCE MANUALS A. The CONTRACTOR shall submit to the ENGINEER, four (4) copies of the manufacturer's maintenance manuals for all mechanical, electrical and instrumentation equipment provided under this contract. B. All maintenance manuals shall be submitted together with a copy of approved shop drawings for the respective item of equipment. Maintenance manuals shall be submitted prior to the 75 percent project completion stage. C. The maintenance manuals shall be complete with recommended maintenance procedures, recommended spare parts and complete assembly and disassembly instructions. D. Operation and maintenance instructions shall include, as a minimum, the following data for each item of mechanical, electrical, and instrumentation equipment: 1. An itemized list of all data provided. 2. Name and location of the manufacturer, the manufacturer's local representative, the nearest supplier and spare parts warehouse. 3. Approved submittal information applicable to operation and maintenance. 4. Recommended installation, adjustment, start-up, calibration, and troubleshooting procedures. 5. Tabulation of proper setting for all pressure relief valves (low/high), pressure switches and other related equipment protection devices. 6. Recommended lubrication, including lubricant SAE grade, frequency of required lubrication and an estimate of yearly quantity needed. 7. Recommended step -by -step procedures for all modes of operation. 8. Complete internal and connection wiring diagrams, including list of all electrical relay settings. 9. Recommended preventive maintenance procedures and schedule. 10. Complete parts lists, by generic title and identification number with exploded views of each assembly. 11. Recommended spare parts. 12. Disassembly, overhaul, and reassembly instructions. R22.111289 - Columbia Heights, MN SUBMITTALS 250,000 Gallon Water Tower Rehabilitation PAGE 01300 -4 E. The CONTRACTOR shall furnish four (4) complete sets of maintenance manuals bound in black expandable three post binders. Each set shall include a table of contents and a quick reference list of local manufacturer's representatives. 1.9 RECORD DRAWINGS A. The CONTRACTOR shall maintain at the construction site one complete set of drawings suitably marked to show all deviations from the original set of drawings and other information as specified. Supplementary sketches shall be included, if necessary, to clearly indicate all work as constructed. B. All work shall be clearly shown and the record drawings shall be satisfactory to the OWNER in order to insure that adequate information is indicated to show the actual construction. The complete set of the record drawings shall be submitted to the ENGINEER prior to submittal of the final Application for Payment. Failure of the CONTRACTOR to maintain an up -to -date set of record drawings on the project site shall be reason to withhold payments. All underground lines shall be determined from the record drawings. 1.10 MATERIAL SAFETY DATA SHEETS A. The Contractor shall submit two copies of material safety data sheets for each material on site to the OWNER. B. The Contractor shall maintain an orderly file of material safety data sheets at the job site. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN SUBMITTALS 250,000 Gallon Water Tower Rehabilitation PAGE 01300 -5 SECTION 01310 - COORDINATION PART 1 -- GENERAL 1.1 SEQUENCE OF CONSTRUCTION A. A project management network scheduling tool (i.e., critical path (CPM), etc.) or a DETAILED bar chart shall be employed by the Contractor for cost value reporting, planning and scheduling of all work required under the Contract Documents. This schedule shall show the order in which the Contractor proposes to execute the work with dates on which it proposes to start the various phases of the work and the estimated completion date of each phase. The Contractor shall submit a preliminary version of its intended schedule within 10 working days following the Notice ofAward on a form of its own choosing. B. Unless otherwise approved by the Engineer, the schedule shall also include an anticipated payment schedule for the volume of work to be completed each month. This schedule shall indicate the Contractor's intention and ability to complete the work within the contract times, as specified in Article 3 of the Agreement. C. The Preconstruction Conference will not be conducted until the schedule is submitted. In addition, no construction staking shall be provided until the schedule is submitted by the Contractor and reviewed by the Engineer. 1.2 WORKING HOURS A. Except in connection with safety or emergency situations, all work at the site shall be performed during Monday through Friday during hours approved by the City at the Pre - Construction Meeting. B. The Contractor shall notify the Owner and Engineer of any work planned on Saturday, Sunday, or any legal holiday at least 48 hours prior to such work. C. The Contractor shall coordinate with OWNER any construction or hauling activity in the vicinity of churches, schools, medical facilities, and funeral homes. The Contractor shall be cognizant of the disruptive effects of continued construction during funerals. The Owner reserves the right to temporarily stop construction within one block of, and during the time of, any funeral procession. No compensation shall be granted to the Contractor due to temporary delays caused by funerals. 1.3 COORDINATION WITH UTILITY COMPANIES A. The contractor is responsible for working with public and private utility companies in protecting and /or relocating existing or new utility lines located near and affected by this construction. 1. Coordination with the utility companies is very important and should be considered in planning the work and the associated extra costs involved. 2. Private utility companies are responsible for their own lines and are so obligated under City Code Agreements to protect and /or relocate their utilities, if required by the City (Owner). B. The Contractor shall also work with the City's maintenance personnel to provide for scheduled water shutdowns in a given area and to provide for continued water service to the properties along the project throughout the duration of the project. C. The Contractor shall work with all utility companies, as necessary, to allow for installation and for maintenance of service of gas, power, lighting, telephone, cable TV, etc. in the boulevards or across the streets prior to final shaping of aggregate base and/or topsoil. This coordination with the utility companies is the responsibility of the Contractor and is considered incidental to the construction and no additional compensation shall be granted. R22.111289 - Columbia Heights, MN COORDINATION 250,000 Gallon Water Tower Rehabilitation PAGE 01310 -1 1.4 COOPERATION WITH OTHER CONTRACTORS A. The Contractor shall cooperate with other contractors performing construction on other projects in the vicinity of this Project, including but not limited to allowing access for the delivery of equipment and materials. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * ** *END OF SECTION * * ** R22.111289 - Columbia Heights, MN COORDINATION 250,000 Gallon Water Tower Rehabilitation PAGE 01310 -2 SECTION 01400 - TESTS AND INSPECTIONS PART 1 -- GENERAL 1.1 SCOPE OF TESTS A. All materials, equipment, installation, and workmanship included in this contract, if so required by the ENGINEER, shall be tested and inspected to prove compliance with the contract requirements. B. No tests specified herein shall be applied until the item to be tested has been inspected and approval given for the application of such test. C. Tests and inspections shall include: 1. The delivery acceptance tests and inspections. 2. The installed tests and inspections of items as installed. 3. Performance guarantee tests. 4. Final testing and start-up. D. Tests and inspections, unless otherwise specified or accepted, shall be in accordance with the recognized standards of the industry. E. The CONTRACTOR shall pay for tests and inspections normally conducted by manufacturers and material suppliers and for any other tests and inspections, which may be so specified herein. The OWNER shall pay the cost of testing and inspection not normally conducted by manufacturers or material suppliers or not specified herein. F. CONTRACTOR shall conduct field tests on his work as required to comply with applicable codes, to determine acceptability of workmanship, and as specified including but not limited to the following: 1. Hydrostatic tests of piping, equipment and water retaining structures. 2. Tests of welded joints as specified. 3. Leakage tests on steel tanks assembled by CONTRACTOR and hydraulic structures. 4. Calibration tests. 5. Simulation tests on control systems. 6. Preliminary tests and checks associated with placing equipment and systems into service. 7. Thickness and holiday tests on painting. 8. Other tests as defined in the specifications. 1.2 EVIDENCE OF TEST A. The form of evidence of satisfactory fulfillment of delivery acceptance test and of installed test and inspection requirements shall be, at the discretion of the ENGINEER, either by tests and inspections carried out in his presence or by certificates or reports of tests and inspections carried out by approved persons or organizations. 1.3 DELIVERY ACCEPTANCE TESTS A. The delivery acceptance tests and inspections shall be at the CONTRACTOR's expense for any materials or equipment specified herein and shall include the following: R22.111289 - Columbia Heights, NIN TESTS AND INSPECTIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01400 -1 1. Test of items during the process of manufacture and/or on completion of manufacture, comprising material test, hydraulic pressure tests, electric tests, performance and operating tests, and inspections in accordance with the relevant standards of the industry and, more particularly, as detailed in individual clauses of these specifications or as may be required by the ENGINEER to satisfy himself that the items tested and inspected comply with the requirements of this contract. 2. Inspection of all items delivered at the site in order that the ENGINEER may be satisfied that such items are of the specified quality and workmanship and are in good order and condition at the time of delivery. 1.4 INSTALLED TESTS AND INSPECTIONS OF ITEMS AS INSTALLED A. All mechanical and electrical equipment shall be tested by the CONTRACTOR to the satisfaction of the ENGINEER before any facility is put into operation. Tests shall be as specified herein and shall be made to determine whether the equipment has been properly assembled, aligned, adjusted, and connected. Any changes, adjustments, or replacements required to make the equipment operate as specified shall be carried out by the CONTRACTOR as part of the work. 1.5 PERFORMANCE GUARANTEE TEST A. Where performance guarantee tests are required, the CONTRACTOR shall conduct the test as specified in the presence of ENGINEER. 1.6 FINAL TESTING AND START -UP A. At least 60 days before the time allowed in his construction schedule for commencing testing and start- up procedures, the CONTRACTOR shall submit to the ENGINEER, in duplicate, details of the procedures he proposed to adopt for testing and start-up of all mechanical and electrical equipment to be operated singly and together, excepting when such procedures have been covered in the specifications. Tests of pumps or other equipment requiring water for operation shall be conducted using clear water. The water required for such tests shall be provided by the CONTRACTOR. B. During the testing of mechanical, instrumentation, and electrical equipment, the CONTRACTOR shall make available experienced factory- trained representatives of the manufacturers of all the various pieces of equipment, who shall instruct the OWNER's personnel in the operation and care thereof. Instruction shall include step -by -step troubleshooting procedures with all necessary test equipment. C. After successful testing, the manufacturer's representatives shall provide the CONTRACTOR with an affidavit that the equipment installation is complete and has been carried out in full conformance with the manufacturer's recommendations. The CONTRACTOR shall forward to the ENGINEER copies of each affidavit received prior to final payment. D. If, under test, any portion of the work fails to fulfill the contract requirements and is altered, renewed or replaced, tests on that portion so altered, removed, replaced, together with all other portions of the work as are affected thereby, shall, if so required by the ENGINEER, be repeated within reasonable time and in accordance with the specified conditions, and the CONTRACTOR shall pay to the OWNER all reasonable expenses incurred by the OWNER as a result of the carrying out of such tests. E. Before final acceptance of the work, the CONTRACTOR shall return any units, which have been put in temporary storage to an operating condition. He shall demonstrate that all components of the mechanical systems are properly functioning and in a fully operational condition. All pumps, motors, and related equipment shall be operated during the trial period. A range of discharge head conditions shall be affected for pumping units by partially closing valves as directed by the ENGINEER. In the event malfunctions are discovered, the CONTRACTOR shall correct them. If necessary, manufacturer's representatives shall be recalled to make corrections or adjustments. R22.111289 - Columbia Heights, MN TESTS AND INSPECTIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01400 -2 F. Final testing and start-up shall be combined with the instruction of operating personnel to the end that when final testing is completed, the stations can be turned over to the OWNER in an operating condition and the district personnel will be prepared to continue the operation in an orderly manner. Instruction of operating personnel by manufacturer's representatives shall be performed during this period. 1.7 REPEAT TESTS A. Where, in the case of an otherwise satisfactorily installed test, any doubt, dispute or difference should arise between the ENGINEER and the CONTRACTOR regarding the test results or the methods or equipment used in the carrying out by the CONTRACTOR of such test, then the ENGINEER may order the test to be repeated. If the repeat test, using such modified methods or equipment as the ENGINEER may require, substantially confirms the previous test, then all costs in connection with the repeat test will be paid the OWNER; otherwise, the costs shall be borne by the CONTRACTOR. Where the results of any installed test fail to comply with the contract requirements for such test, then such repeat tests as may be necessary to achieve the contract requirements shall be made by the CONTRACTOR at his own expense. 1.8 TESTING AND LABORATORY SERVICES A. Independent Testing Laboratory: Where test or inspections by an independent testing laboratory are required by this specification, the CONTRACTOR shall employ and arrange for, at his expense, the services of an approved independent testing laboratory satisfactory to the ENGINEER to perform the testing utilizing recognized standard procedures and criteria. B. Reports and Certificates: The CONTRACTOR shall submit reports and certificates of all inspections and test to ENGINEER in duplicate. The reports and certificates become the property of the OWNER. C. Sample Materials: The CONTRACTOR shall furnish all sample materials required for these tests and shall deliver same without charge to the testing laboratory or other designated agency when and where directed by them. D. Additional Tests: Any additional tests required beyond these required under this specification may be ordered by the ENGINEER to settle disagreements with the CONTRACTOR regarding quality of work done. If the work is defective, the CONTRACTOR shall pay all costs of the extra tests and shall correct the work. If the work is satisfactory, the OWNER will pay for extra tests. 1.9 ENGINEER'S REPRESENTATIVE AND INDEPENDENT LABORATORY TESTING A. The ENGINEER will provide a full time Resident Project Representative (RPR) to ascertain that the work is generally accomplished properly and in accordance with the plans and specifications. Whether in the field or in the CONTRACTOR's shop or shops of his subcontractors, the RPR shall have full access to the work and shall be given full cooperation. The RPR shall have the authority, subject to the final decision of the ENGINEER, to reject any defective work or material or to suspend the work if not being properly performed. The RPR shall have no authority to permit any deviation from the plans and specifications except on written order from the ENGINEER. B. The OWNER will retain and compensate a qualified testing laboratory to provide testing of concrete, earthwork, roadway surfacing and similar items of work. Field tests and job samples shall be made by the CONTRACTOR at the option of the ENGINEER to ensure proper control of materials and installation of materials under this Contract. R22.111289 - Columbia Heights, MN TESTS AND INSPECTIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01400 -3 1.10 LEAKAGE TESTING AND DISINFECTION A. General 1. Except as otherwise provided herein, the CONTRACTOR shall furnish all equipment, labor and materials required for testing hydraulic structures and pipelines as specified. Water for testing and disinfecting will be furnished by the OWNER; however, the CONTRACTOR shall make all necessary provisions for conveying the water from the OWNER- designated source to the points of use. 2. All hydraulic structures and pressure pipelines shall be tested; however, disinfection shall be limited to pipelines, tanks, and structures designed for potable water service. Disinfection shall be accomplished by chlorination. Chlorine dosages will be computed by the ENGINEER who will furnish the CONTRACTOR with instructions for proper application of the chlorine. All chlorinating and testing operations shall be done in the presence of the ENGINEER. 3. Disinfection operations shall be scheduled by the CONTRACTOR as late as possible during the Contract time period, so as to assure maximum degree of sterility of the facilities at the time work is accepted by the OWNER. Bacteriological testing shall be performed by a certified testing laboratory acceptable to the OWNER. Results of the testing shall be satisfactory to the Department of Health. 4. Release of water from structures and pipelines, after testing and disinfecting have been completed, shall be as directed by the ENGINEER. 5. Prior to both testing and disinfecting, all hydraulic structures shall be cleaned by thoroughly hosing down all surfaces with a high pressure hose and nozzle of sufficient size to deliver a minimum flow of 50 gpm; all pipelines shall be thoroughly flushed or blown out, as appropriate. B. Testing of Hydraulic Structures 1. Testing shall be performed prior to backfilling, except where otherwise permitted by the ENGINEER. Testing shall not be performed sooner than 14 days after all portions of structure walls have been completed. The test shall consist of filling the structure with water to the maximum operating water surface. The rate of filling shall not exceed 24 inches of depth per day. After testing has been completed, water shall be disposed of as directed by the ENGINEER. 2. If the structure does not require backfilling around it, then the structure could be filled with water at a rate chosen by the CONTRACTOR provided the concrete has reached its design strength. 3. After the structure has been filled as specified, the leakage test shall be performed as follows: An initial water level reading shall be made. Seven days following the initial reading, a second reading shall be made. The structure shall be considered to have passed the test if water loss during the 7 -day period, as computed from the 2 water level readings, does not exceed 1/20 of 1 percent of the total volume (0.0005 X Tank Volume) after allowance is made for evaporation loss. Visible leaks or seepage shall be fixed regardless of the leakage test results. Should the structure fail to pass the test, the test shall be repeated for up to 3 additional 7 -day test periods. If, at the end of 28 days, the structure still fails to pass the leakage test, the CONTRACTOR shall empty the structure as directed by the ENGINEER and shall examine the interior for evidence of any cracking or other conditions that might be responsible for the leakage. Any cracks shall be "vee' d" and sealed with sealant. Regardless of the leakage test results any evidence of leakage or seepage through the cracks and joints shall be repaired to the satisfaction of the ENGINEER. Seepage through the cracks may sealed using Zypex or Kryton products. Following these operations, the CONTRACTOR shall again test the hydraulic structure. In the case of a clearwell or reservoir, the retesting shall again be combined with disinfection, exclusive of the spraying operation. R22.111289 - Columbia Heights, NIN TESTS AND INSPECTIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01400 -4 C. Disinfection of Hydraulic Structures and Appurtenant Pipelines 1. All hydraulic structures, which store or convey potable water, shall be disinfected by chlorination. Chlorination of hydraulic structures shall be performed in accordance with the requirements of AWWA C652 using Method 1, 2 or 3 or a combination of methods, except that filter basins shall be disinfected in accordance with AWWA C653. D. Hydrostatic Testing of Pipelines 1. Piping shall be field tested for leakage at 100 psi in accordance with the appropriate section (hydrostatic tests) of AWWA C600 -87. Test pressure and duration shall be per AWWA C600 -87, and allowable leakage shall be determined in accordance with the formula: L = SDP where factors and units are defined as follows: L= Leakage (gal/hr), S= Length (ft.), 133,200 D = Nominal Diameter (in.), and P = Average Test Pressure (PSI). CONTRACTOR shall conduct tests under supervision of the ENGINEER. Line Test Pressure* Forcemains and Watermains 150 psi Two -Inch Water Service 150 psi Gravity Full Flow Process Piping 50 psi * Test pressure based on the elevation of the lowest point in the line under test and corrected to the elevation of the test gauge. E. Testing Gravity Pipe Lines and Sewer Mains 1. Hydrostatic Test Procedure (a) The test section shall be bulkheaded and the pipe be subjected to a hydrostatic pressure produced by a head of water at a depth of three (3) feet above the top of the pipe or sewer at the upper structure or manhole under test. In areas where the groundwater exists, this head shall be 3 feet above existing water table. (b) This head of water shall be maintained for a period of one (1) hour for pipe body to absorb water completely and thereafter for a further period of one (1) hour for the leakage test. During this one hour test period, the measured maximum allowable rate of exfiltration shall not exceed 100 gallons per inch diameter per mile of pipe per 24 hours. Sewer Diameter inches Max. Allowable Loss Gal/hr 100 ft. 6 0.5 8 0.6 10 0.8 12 1.0 15 1.2 18 1.4 21 1.7 24 & larger 1.9 2. Air Test Procedure (a) If the CONTRACTOR elects to air test, he shall perform these tests with equipment similar to Air -Loc equipment manufactured by Cherne Industrial Inc., Hopkins, Minnesota. (b) The air test shall be made on clean pipe. The line shall be plugged at each end with pneumatic balls. Low pressure air shall be introduced into the line to pressurize line 4 psi above the average back pressure on pipe due to submergence in groundwater. Allow at least two (2) minutes for air temperature to stabilize and then start timing and the pressure readings. R22.111289 - Columbia Heights, MN TESTS AND INSPECTIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01400 -5 (c) The portion of the line being tested shall not loose air at a rate to cause the pressure to drop from 3.6 psi to 3.0 psi in less time than listed below: Pipe Diameter in. Minimum Allowable Time minutes 4 2.0 6 3.0 8 4.0 10 5.0 12 6.0 14 7.0 15 7.0 18 8.5 20/21 10.0 F. Disinfecting Pipe Lines 1. All potable water pipelines, except those appurtenant to hydraulic structures, shall be disinfected in accordance with the requirements of AWWA C651 using either continuous -feed method as modified herein. 2. Chlorination: A chlorine -water mixture shall be uniformly introduced into the pipeline by means of solution feeding equipment. The chlorine solution shall be introduced at one end of the pipeline through a tap such that an initial concentration of 50 mg/L shall be obtained in the watermain being tested. The dosage of calcium hypochlorite powder containing 70% available chlorine shall be one pound for each 1680 gallons of water of pipe capacity. 3. Retention Period: Chlorinated water shall be retained in the pipeline for at least 24 hours. After the chlorine treated water has been retained for 24 hours, the free chlorine residual at the pipeline extremities and at other representative points shall be at least 10 mg/L. 4. Final Flushing: After applicable retention period, the heavily chlorinated water shall be flushed from the pipeline until chlorine measurements show that the concentration in the water leaving the pipeline is no higher than that generally prevailing in the system or is acceptable for domestic use. If there is any question that chlorinated discharge will cause damage to the environment, a reducing agent shall be applied to the water to neutralize thoroughly the chlorine residual remaining in the water. 5. Bacteriological Testing: After final flushing and before the pipeline is placed in service, a sample (or samples) shall be collected from the end of the pipeline and shall be tested for bacteriological quality in accordance with the requirements of the Department of Health. For this purpose the pipe shall be re- filled with fresh potable water and left for a period of 24 hours before any sample is collected. Should the initial disinfection treatment fail to produce satisfactory bacteriological test results, the disinfection procedure shall be repeated until acceptable results are obtained. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN TESTS AND INSPECTIONS 250,000 Gallon Water Tower Rehabilitation PAGE 01400 -6 SECTION 01410 - REGULATORY REQUIREMENTS PART 1 -- GENERAL 1.1 SUMMARY A. Applicable codes and standards referred to in these specifications shall establish minimum requirements for equipment, materials, construction and shall be superseded by more stringent requirements of drawings and specifications when and where they occur. B. All equipment furnished and installed under the contract shall be designed, fabricated, assembled, installed, and placed into service. The equipment will conform to the applicable provisions of the Federal and State Safety and Health Standards, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. C. All construction methods and tools shall comply with commonly accepted standards for safety and health of personnel engaged on construction, including but not limited to Federal Occupational Safety and Health Regulations for Construction; the Division of Environmental Health, Minnesota Department of Health; the Minnesota Pollution Control Agency; the Department of Natural Resources; the Minnesota Department of Transportation, Division of Highways; the Minnesota Industrial Commission and ordinances of the City that apply to this work. D. Any conflicts between specifications and applicable codes and standards shall be referred to the Engineer. 1.2 PERMITS OBTAINED BY OWNER A. The Owner has applied for the following permits from appropriate authorities. It is anticipated that permission to proceed will be authorized prior to execution of Contract. The Contractor shall perform all work and conduct itself in full accordance with the requirements of the applicable permit: 1. Minnesota Department of Health - Water Tower Renovation. B. Contractor shall be responsible for posting any bonds, which may be required as a condition to any permit, and for securing and paying the cost of any other permits not mentioned above, which may be required. 1.3 PERMITS OBTAINED BY THE CONTRACTOR A. The Contractor shall secure and pay the cost of these and any other permits not mentioned, which may be required including but not limited to: 1. Storm Water Pollution Prevention Permit 1.4 WORK WITHIN A RAILROAD RIGHT OF WAY A. The contractor shall comply with requirements of the Railroad Company. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * ** *END OF SECTION * * ** R22.111289 - Columbia Heights, MN REGULATORY REQUIREMENTS 250,000 Gallon Water Tower Rehabilitation PAGE 01410 -1 SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 -- GENERAL 1.1 WORK INCLUDED A. Electricity and Lighting B. Potable Water C. Temporary Heating D. Sanitary Facilities E. Temporary Bracing F. Enclosures G. Cleaning During Construction H. Removal 1.2 ELECTRICITY AND LIGHTING A. The CONTRACTOR shall furnish, install and maintain a construction light and power system for use during construction. The CONTRACTOR shall pay the costs of electrical energy necessary for the work of the project. B. As soon as possible after commencement of the work, the CONTRACTOR shall arrange for the temporary service with the power company. The CONTRACTOR shall furnish and install a weatherhead, meter socket and all feeders and panels required from this point and shall pay for all power company service fees. The service made available by the power company will be 200 amp, 120/240 volts, single phase, 3 wire. Coordinate the location of the pole with the CONTRACTOR and utility. The CONTRACTOR shall pay the costs of any permits, connect/disconnect charges and meter deposits. C. The CONTRACTOR shall install a temporary power panel and a minimum of four 20 amp, 120 volt, weatherproof, GFI grounding, and duplex receptacles at or near the pole. Each outlet shall be circuited separately. D. As soon as conditions permit, the CONTRACTOR shall extend the temporary service to the new buildings and install a temporary distribution system and temporary power and lighting branch circuits within the buildings. E. Temporary lighting shall consist of at least one 200 -watt incandescent lamp, or equivalent lighting for each 625 square feet of floor area with at least one light in each room. Provide additional lights in stairwells as necessary to provide adequate illumination. The CONTRACTOR shall furnish all light bulbs for the temporary lighting system. F. The CONTRACTOR shall provide at least one 20 amp, 120 volt, temporary branch circuit with three grounding, duplex receptacles for each 1000 square feet of floor area. Receptacles shall be located so that extension cords will not exceed 100 feet in length. The temporary branch circuits may be used for portable tools, portable lights and other small power loads. Each contractor shall furnish his own extension cords, and contractors requiring supplemental lights shall furnish their own portable lights. G. The temporary light and power system shall not be used for electric heating, electric welders, or other loads exceeding 1.5 KVA at 120 volts or 3.0 KVA at 250 volts. If any contractor requires power for CONSTRUCTION FACILITIES AND 822.111289 - Columbia Heights, MN TEMPORARY CONTROLS 250,000 Gallon Water Tower Rehabilitation PAGE 01500 -1 tools larger than these maximum loads, he shall make arrangements for a separate temporary service and distribution system and pay the energy and other costs thereof. H. The CONTRACTOR shall remove the temporary light and power system when no longer required. I. The CONTRACTOR shall make arrangement and pay the costs for electrical service, lighting and power for his field office, storage sheds and other temporary buildings. J. When installation of the permanent electrical service and distribution system is sufficiently complete to be operated safely, the system may be used to provide construction light and power and testing and operation of permanent equipment. K. The OWNER will assume the responsibility and pay the costs of providing electrical light and power, including the energy costs on the date of his occupancy or the Date of Substantial Completion, whichever is sooner. 1.3 POTABLE WATER A. The CONTRACTOR may purchase potable water from the OWNER. However, the CONTRACTOR shall provide the facilities necessary to convey water (meter, backflow preventer, pipe, etc.) from the OWNER- designated source to the points of use. The location of the water source shall be as shown on the drawings or as dictated by the OWNER. This potable water may be used for construction uses such as hydrostatic tests. The CONTRACTOR shall notify the OWNER before utilizing the potable water for construction uses and shall cooperate with the OWNER in scheduling any large water demands so as to minimize the disruptions to the OWNER's water distribution system. 1.4 TEMPORARY HEATING A. At the "Temporary Enclosure" stage, the CONTRACTOR shall provide and pay costs of heat, fuel, and services necessary to perform and protect his work. B. Such temporary heat shall be provided as required to: 1. Facilitate progress of work. 2. Protect work and products against dampness and cold. 3. Provide suitable ambient temperature and humidity levels for installation and/or curing of materials. 4. Provide ventilation to meet health regulations for safe working environment. 5. Allow beneficial occupancy of the project, or portion thereof, prior to final completion. C. Temperature Required 1. Generally, 24 hours daily, maintain minimum 40° F (4.5° Q. 2. Twenty -four hours daily during concrete placement and 7 days thereafter, minimum 45° F (7.5° Q. 3. Twenty -four hours daily, 7 days prior to, and during placing of interior finishes, and 24 hours daily thereafter until substantial completion: 68 °F (20 °C) minimum. D. Ventilation required: 807 (27° C) maximum. 1. Prevent hazardous accumulations of dusts, fumes, mists, vapors or gases in all areas during construction. 2. Provide adequate ventilation for curing installed materials. n CONSTRUCTION FACILITIES AND R22.111289 - Columbia Heights, MN TEMPORARY CONTROLS 250,000 Gallon Water Tower Rehabilitation PAGE 01500 -2 E. Heating shall be provided by the permanent heating system (to the extent reasonably possible) or by such temporary units, piping, etc., necessary to maintain the above temperatures. 1.5 SANITARY FACILITIES A. The CONTRACTOR shall make arrangements for use of adequate toilet facilities at or near the site of work. Such facilities shall be subject to the acceptance of the ENGINEER as to location and type. The CONTRACTOR shall maintain the same in sanitary condition from the beginning of the work until completion and shall then remove the facilities and disinfect the premises. All portions of the work shall be maintained at all times in a neat, clean, and sanitary condition. 1.6 TEMPORARY BRACING A. CONTRACTOR shall provide all temporary bracing necessary to hold frame or walls securely plumb and true until all permanent structural elements are in place and securely fastened. This includes temporary bracing of frame members as necessary to withstand wind loads. All bracing, sheeting and shoring used in the performance of the work shall be removed prior to backfilling of trenches unless otherwise directed by the ENGINEER. 1.7 ENCLOSURES A. The CONTRACTOR shall be responsible for both temporary and permanent weathertightness of all walls and roofs. Temporary enclosures must be provided at all openings which might admit rain or snow. All work on roofs, after the roofs are installed, must be done over planking or other suitable protection. 1.8 CLEANING DURING CONSTRUCTION A. Waste material and other accumulated rubbish shall be disposed daily. 1.9 REMOVAL A. Remove temporary materials, equipment, services and construction prior to substantial completion inspection. B. Clean and repair damage caused by installation or use of temporary facilities. Grade site and restore existing facilities used during construction to specified or original condition. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** CONSTRUCTION FACILITIES AND R22.111289 - Columbia Heights, MN TEMPORARY CONTROLS 250,000 Gallon Water Tower Rehabilitation PAGE 01500 -3 SECTION 01560 - TEMPORARY ENVIRONMENTAL CONTROLS PART 1 -- GENERAL 1.1 EXPLOSIVES AND BLASTING A. The use of explosives will not be permitted. 1.2 DUST ABATEMENT A. The CONTRACTOR shall furnish all labor, equipment and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals, or causing a nuisance to persons living in, or occupying buildings in, the vicinity. The CONTRACTOR shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the CONTRACTOR is relieved of further responsibility by the ENGINEER. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the CONTRACTOR's bid price. 1.3 RUBBISH CONTROL A. During the progress of the work, the CONTRACTOR shall keep the site of the work and other areas used by him in a neat and clean condition, and free from any accumulation of rubbish. The CONTRACTOR shall dispose of all rubbish and waste materials of any nature occurring at the work site, and shall establish regular intervals of collection and disposal of such materials and waste. He shall also keep his haul roads free from dirt, rubbish, and unnecessary obstructions resulting from his operations. Equipment and material storage shall be confined to areas approved by the ENGINEER. Disposal of all rubbish and surplus materials shall be off the site of construction, at the CONTRACTOR's expense, all in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and to the particular requirements of Subpart H, Section 1926.252 of the OSHA Safety and Health Standards for Construction. 1.4 CHEMICALS A. All chemicals used during project construction or furnished for project operation, whether defoliant, soil sterilant, herbicide, pesticide, disinfectant, polymer, reactant or of another classification, shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer. 1.5 EROSION CONTROL A. The CONTRACTOR shall comply with the MPCA's "General Storm Water Permit ". B. The CONTRACTOR shall furnish all labor, equipment and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing any soil erosion in amounts damaging to property or adjacent lands. The CONTRACTOR shall be responsible for any damage resulting from any soil erosion originating from his operations. Erosion abatement measures shall be continued until the CONTRACTOR is relieved of further responsibility by the ENGINEER. No separate payment will be allowed for erosion abatement measures and all costs thereof shall be included in the CONTRACTOR's bid price. R22.111289 - Columbia Heights, MN TEMPORARY ENVIRONMENTAL CONTROLS 250,000 Gallon Water Tower Rehabilitation PAGE 01560 -1 C. Suggested erosion abatement measures are as follows: 1. Proper site grading and prompt turf re- establishment. 2. The use of bales on all excavated or non re- established turf slopes. 3. Completion of all county ditch crossings during workday. 4. Pave all disturbed streets as quickly as practical. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Minimize stripping vegetation or turf cover and exposing soils. B. Provide and maintain storm sewer inlet protection at project site and down gradient of project. C. Any excavations shall not be left open at night and shall require chain link fence around the pit or heavy steel plates over the pit. D. Protect stockpiles from erosion. E. Repair disturbed streets as quickly as possible. * * ** END OF SECTION * * ** 822.111289 - Columbia Heights, MN TEMPORARY ENVIRONMENTAL CONTROLS 250,000 Gallon Water Tower Rehabilitation PAGE 01560 -2 SECTION 01562 - AIR, LAND AND WATER POLLUTION PART 1 -- GENERAL 1.1 AIR AND WATER POLLUTION A. Pollution of natural resources of air, land and water by operations under this contract shall be prevented, controlled, and abated in accordance with the rules, regulations and standards adopted and established by the State Regulatory Agency, and in accordance with the local city and county ordinances. B. The Contractor shall perform dust control operations whenever necessary to prevent the production of dust in amounts damaging to property, vegetation, animals, or persons in the vicinity of the construction. The Contractor shall be responsible for any damage resulting from dust originating from the construction. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Engineer. C. The Contractor shall provide and maintain all sanitary accommodations for use by employees as may be necessary to provide for their health and welfare which complies with Federal, State and local codes and regulations. D. All solid waste material shall be disposed by the Contractor in accordance with the local and State solid waste disposal regulations. 1.2 USE OF CHEMICALS A. All chemicals used during project construction or furnished for project operation, whether defoliant, soil sterilant, herbicide, pesticide, disinfectant, polymer, reactant or of another classification, shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture. B. Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instruction of the manufacturer. 1.3 EROSION CONTROL A. Contractor shall furnish and install the necessary materials and equipment to control soil erosion within and from the construction site. 1.4 COMPENSATION A. Additional compensation will not be paid for air, land and water pollution control, including but not limited to temporary check dams, dikes, berms, silt fences, sediment basins, culverts, hay bales, and the application of water, unless specifically identified as a payable unit of work. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * ** *END OF SECTION * * ** R22.111289 - Columbia Heights, MN AIR, LAND AND WATER POLLUTION 250,000 Gallon Water Tower Rehabilitation PAGE 01562 -1 SECTION 01600 - MATERIALS, EQUIPMENT, LABOR AND WORKMANSHIP PART 1 -- GENERAL 1.1 THE REQUIREMENTS A. Products B. Transportation and Handling C. Storage and Protection 1.2 PRODUCTS A. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the ENGINEER for clarification and directions prior to ordering or providing any materials or labor. The CONTRACTOR shall bid the most stringent requirements. B. The naming of a manufacturer in this specification is not an indication that the manufacturer's standard equipment is acceptable in lieu of the specified component features. Naming is only an indication that the manufacturer may have the capability of engineering and supplying a system as specified. All exceptions to the specifications shall be indicated in the shop drawing. C. Unless otherwise specified, all equipment and materials shall be new and of first line quality. All workmanship shall be of first line quality and free from defects. D. All equipment and materials incorporated in the work shall be designed to meet the applicable safety standards of federal, state and local laws, rules and regulations. All equipment requiring electrical power shall have Underwriter Laboratories "UL" label. Equipment sent to the project site without "UL" label will be rejected. E. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the source, kind and quality of equipment and materials. F. CONTRACTOR shall furnish, or require his subcontractors to furnish, proper tools and equipment and the services of all mechanics, laborers, and other employees necessary in the construction, testing, and execution of the work and the placing of all equipment in service. G. All equipment and materials shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processor, except as otherwise provided in the Contract Documents. 1.3 TRADE NAMES AND ALTERNATIVES A. For convenience in designation in the Contract Documents, materials to be incorporated in the WORK may be designated under a trade name or the name of a manufacturer and its catalog information. The use of alternative material which is equal in quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and suitability of such alternative equipment products, or other materials shall be upon the CONTRACTOR. 2. The ENGINEER will be the sole judge as to the comparative quality and suitability of such alternative equipment, products, or other materials and its decision shall be final. MATERIALS, EQUIPMENT, LABOR R22.111289 - Columbia Heights, MN AND WORKMANSHIP 250,000 Gallon Water Tower Rehabilitation PAGE 01600 -1 B. Wherever in the Contract Documents the name or the name and address of a manufacturer or distributor is given for a product or other material, or if any other source of a product or material is indicated, such information is given for the convenience of the CONTRACTOR only, and no limit, restriction, or direction is indicated or intended thereby, nor is the accuracy or reliability of such information guaranteed. It shall be the responsibility of the CONTRACTOR to determine the accuracy of the information and to identify and locate any such manufacturer, distributor, or other source of any product or material called for in the Contract Documents. 1.4 TRANSPORTATION AND HANDLING A. All equipment shall be adequately and effectively protected against damage from moisture, dust, handling, or other cause during transport from the CONTRACTOR's premises to the site. Ponding of water shall not be permitted in the equipment storage area. B. Prior to any equipment delivery, the CONTRACTOR shall attain the manufacturer's storage requirements for his equipment and forward one copy to the ENGINEER. C. Each item or package shall be clearly marked with the appropriate number of this specification, and each separate portion of the plant shall receive, as far as practicable, a fitting or distinguishing mark which shall be shown on the packing lists. Each item of equipment shall have a firmly affixed label or tag with its equipment number or other discrete identifying marks. D. The bearings of motors shall be relieved of load during transport by means of jacks or some other method to prevent `Brinelling." E. Stiffeners shall be used where necessary to maintain shapes and to give rigidity. Parts or equipment may be delivered in assembled or sub - assembled units where possible. 1.5 STORAGE AND PROTECTION A. Products shall be stored in accordance with the manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather -tight enclosures which maintain temperature and humidity recommended by the manufacturer. B. Store loose granular materials on solid surfaces in well - drained area; prevent mixing with foreign matter. C. Arrange storage to provide access for inspection. D. Prior to and after installation, all equipment shall be protected against weather, dust, moisture and mechanical damage. During concrete operations, including finishing, all equipment that may be affected by cement dust must be completely covered. During painting operations, all grease fittings and similar openings shall be covered to prevent the entry of paint. Electrical switchgear, unit substation, and motor load centers shall not be installed until after the concrete work in those areas has been completed and accepted and the ventilation systems installed. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** MATERIALS, EQUIPMENT, LABOR R22.111289 - Columbia Heights, MN AND WORKMANSHIP 250,000 Gallon Water Tower Rehabilitation PAGE 01600 -2 ? R SECTION 01700 - PROJECT CLOSEOUT PART 1 -- GENERAL 1.1 CLEANUP A. The CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the work, and at the completion of the work he shall remove all waste materials, rubbish and debris from the premises as well as all tools, construction equipment and machinery, and surplus materials. He shall leave the site clean and ready for occupancy by the OWNER. Early acceptance of process equipment shall not waive clean up prior to final acceptance. B. The Contract shall provide cleaning of all surfaces, systems and fixtures, including removal of labels, tags, grease, oil, dirt stains, etc. C. This cleaning will include removal of dust from walls and other vertical surfaces and ceilings, washing of all glass and counter surfaces. It also will include cleaning and waxing or sealing of all floors as specified for the individual floor material. D. Upon acceptance of a building, the OWNER will assume the normal janitorial cleaning services. Re- cleaning of any soiled areas due to CONTRACTOR's operation shall be the responsibility of the CONTRACTOR. 1.2 GUARANTEE A. The CONTRACTOR shall guarantee all work and material against all defects for a period as specified in the General Conditions and or as modified by the Supplementary Conditions from the date of substantial completion. The CONTRACTOR shall repair or replace any such defective work and materials to conform to the provisions of the contract and without expense to the OWNER, within ten (10) days after notification in writing by the OWNER or ENGINEER of such defective work or material. The CONTRACTOR shall perform his work so as to cause the OWNER a minimum of inconvenience and interruption of services. If the CONTRACTOR has not done said repairs or replacements or made arrangements for the correction thereof within the period specified above, the OWNER may do so and charge the cost to the CONTRACTOR. B. Guarantee on equipment placed into operation prior to substantial completion shall start from the date of substantial completion. C. If performance bond is posted, the performance bond will not be released until the guarantee period is over. 1.3 CORRECTION OF DEFECTIVE WORK DURING THE WARRANTY PERIOD A. If, during the warranty period, any work is found to be defective, the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's written instructions, either correct such defective work, or if it has been rejected by the OWNER, remove it from the site and replace it with acceptable work. B. Replacement of earth fill or backfill, where it has settled below the required finish elevations, shall be considered as a part of such required repair work, and any repair or resurfacing constructed by the CONTRACTOR which becomes necessary by reason of such settlement shall likewise be considered as part of such required repair work. C. If the CONTRACTOR does not promptly comply with the terms of such instructions, the OWNER may have the defective work corrected or the rejected work removed and replaced and all direct and R22.111289 - Columbia Heights, MN PROJECT CLOSEOUT 250,000 Gallon Water Tower Rehabilitation PAGE 01700 -1 indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by the CONTRACTOR. D. The OWNER shall give notice of observed defects with reasonable promptness. E. Under emergency conditions, the OWNER may remedy defective work without waiting for action by the CONTRACTOR. The OWNER will notify the CONTRACTOR immediately of the circumstances and actions taken and the CONTRACTOR shall pay all reasonable substantiated costs of such actions. 1.4 FINAL INSPECTION A. After the cleaning up of the work, premises, and all other areas and structures connected with the performance of the contract, the work as a whole, shall be inspected by the ENGINEER and OWNER; and, any workmanship or materials found not meeting the requirements of the specifications shall be removed by, and at the expense of, the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 1.5 PROJECT ACCEPTANCE A. The project shall be accepted after the final inspection has been conducted and all settlement, defects, damages, etc., discovered during the final inspection have been remedied. 1.6 FINAL SUBMITTALS A. The CONTRACTOR, prior to requesting final payment, shall obtain and submit the following items to the ENGINEER for transmittal to the OWNER: 1. Written guarantee, where required. 2. Operating manuals and instructions. 3. Keying schedule. 4. Maintenance stock items; spare parts, special tools. 5. Completed record drawings. 6. Bonds for roofing, maintenance, etc., as required. 7. Certificates of inspection and acceptance by local governing agencies having jurisdiction. 8. Releases from all parties who are entitled to claims against the subject project, property or improvement pursuant to the provision of the law. f�I��_1 FAa161111uET40W10077Y4uIR►111 A. When the ENGINEER is of the opinion that the CONTRACTOR has completely performed all work required under the contract, he will submit to the CONTRACTOR a draft of the final estimate. The CONTRACTOR will be expected to submit his written approval of said final estimate within 5 calendar days after receipt, or in the event the CONTRACTOR disagrees with said final estimate, he shall within said 5 day period, file a written statement of all claims which he intends to present. If the CONTRACTOR delays more than 5 calendar days in approving said final estimate or in presenting his own claims, the time for the final payment shall be extended by the period of such delay. B. Upon receipt by the ENGINEER of the CONTRACTOR's written approval of said final estimate, the ENGINEER will certify physical completion of the work to the OWNER and will recommend acceptance of the work. C. After acceptance of the work by the OWNER's governing body and 30 calendar days after filing of the Notice of Completion, the OWNER will pay to the CONTRACTOR the amount remaining after R22.111289 - Columbia Heights, MN PROJECT CLOSEOUT 250,000 Gallon Water Tower Rehabilitation PAGE 01700 -2 deducting all prior payments and all amounts to be kept or retained under the provisions of the contract In the event acceptance of the work is delayed more than 30 calendar days beyond the date of the last partial payment under the contract, the OWNER will make a further partial payment. D. If the CONTRACTOR disagrees with the ENGINEER's final estimate and files a written statement of his claims in accordance with Subsection 01700 -1.7 A., the ENGINEER will issue, as a semi -final estimate, the proposed estimate submitted to the CONTRACTOR, and the OWNER will make payment to the CONTRACTOR in accordance with the provisions of Subsection 01700 -1.7 C. The ENGINEER then will investigate the CONTRACTOR's claims, make any revisions to said semi -final estimate as he deems appropriate, and certify in writing to the OWNER the amount and value of the work performed by the CONTRACTOR. The OWNER then will make final payment to the CONTRACTOR in accordance with the provisions of Subsection 01700 -1.7 C. E. Final payment terminates liability of OWNER. The acceptance by the CONTRACTOR of the final payment shall be a release of the OWNER and its agents from all claims of and liability to the CONTRACTOR for anything done or furnished for, or relating to, the work or for any act or neglect of the OWNER or of any person relating to or affecting the work, except claims against the OWNER for the remainder, if any, of the amounts kept or retained. The CONTRACTOR shall certify that the provisions of Minnesota Statues 290.92 have been complied with, and that all claims against the CONTRACTOR by reason of the CONTRACT have been paid or satisfactorily secured. PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION (NOT USED) * * ** END OF SECTION * * ** R22.111289 - Columbia Heights, MN PROJECT CLOSEOUT 250,000 Gallon Water Tower Rehabilitation PAGE 01700 -3 DIVISION 9 FINISHES SECTION 09910 — WATER TOWER REPAINTING PART 1 -- GENERAL 1.1 SUMMARY A. Work under this section consists of furnishing all labor, materials, and equipment for abrasive blasting, power washing, or pickling, and the paint of all steel and iron surfaces as hereinafter set forth, including both shop and field coats. B. The tower is a 250,000 gallon, elevated single pedestal spheroid tank. The tower was manufactured and erected in 1975 by Maguire Iron. Appendix B includes the evaluation report, and a number of photos presenting existing conditions. 1.2 QUALIFICATION OF PAINTING SUBCONTRACTORS A. Each bidder is required to list any subcontractors who will perform the work under this specification. All subcontractors must receive prior approval by the engineer before commencement of work. The bidder shall be one who is regularly engaged in tank painting, and who has completed five (5) containment jobs of similar size and scope in the last five (5) years. B. Applicator's field personnel shall be trained in the application of specified coating systems. 1.3 SPECIFICATION REFERENCE SPECIFICATION REFERENCE A. The current requirements of "AWWA D -102, Coating Steel Water Storage Tanks ", latest edition, shall govern. B. Paints shall comply with the latest ASTM International Standards. C. Reference SSPC -PA1 Steel Structures Painting Council- "Shop, Field, and Maintenance Painting of Steel" shall apply to all efforts and materials for surface preparation, except as modified herein. All NACE International and Society for Protective Coatings Joint Standards "NACE /SSPC Surface Preparation Standards" shall be conformed as required by the specifications. D. The current requirements of "AWWA D -100, Welded Carbon Steel Tanks for Water Storage. E. Reference SSPC -PA1 Society for Protective Coatings "Shop, Field and Maintenance Painting of Steel" Standard shall apply to all efforts and materials for surface preparation, except as modified herein. F. 40 CFR 50 National Primary and Secondary Ambient Air Quality Standards. G. Minnesota Chapter 7011 Control of Fugitive Particulate Matter. H. SSPC Guide 6 Guide for Controlling Debris Generated During Paint Removal Operations. . I. In the event of a conflict between engineer's and coating manufacture's specifications, the engineer's specification shall prevail. J. 29 CFR 1926.62 Lead Exposure in Construction (if applicable). K. 29 CFR 1926.1025 Occupational Safety and Health Standards (Lead) if applicable. L. SSPC Guide 7 Guide for the Disposal of Lead Contaminated Surface Preparation Debris (if applicable). R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -1 M. Unless noted otherwise, the provisions in this section are in addition to the referenced requirements and specifications. N. Any deviations or additions to this specification shall be submitted in writing and approved in writing by the Engineer. 1.4 SUBMITTALS A. Comply with Section 01300 —Submittals. B. Product Data: Submit manufacturer's product data for all materials to be used on the project. This includes protective coatings, sealants, caulk, blast media, etc.... including generic description, complete technical data, surface preparation, and application instructions. All materials shall be officially submitted and approved before use. C. Color Samples: Submit manufacturer's color samples showing full range of standard colors. D. Manufacturer's Quality Assurance: Submit manufacturer's certification that coatings comply with specified requirements, are free of lead and other hazardous materials and are suitable for intended application. E. Containment Plan: Containment plan showing all details on equipment, tarps, impervious ground cover, structural loading that the system will impart on the tank and dust collection equipment. For lead paint removal the containment plan must be in conformance with Minnesota Pollution Control Agency regulations, Chapter 7025 for the control of fugitive particulate matter and visible emissions. F. TCLP sampling results for blast debris. G. PCA Notification of lead paint removal (if necessary). H. Blasting additive material data sheet and MSDS. I. Paint manufacturers standard warranty. J. Sample results for bacterial testing. 1.5 DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying as listed below. Additionally, if any of the information as listed below is missing or not legible, the product shall be immediately removed from the project site. 1. Coating or material name and batch number. 2. Manufacturer. 3. Color name and number. 4. Date of manufacture or expiration. 5. Mixing and thinning instructions. B. Storage: 1. Materials shall be stored materials in an environmentally controlled clean, dry area and within temperature range in accordance with manufacturer's material product data sheet or instructions. 2. Keep containers sealed until ready for use. Any open or damaged containers shall be immediately removed from the site. R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -2 ,f 3. Do not use materials beyond manufacturer's shelf life limits. All expired materials shall be immediately removed from the site. 1.6 SCHEDULE A. All surfaces of exterior of tank shall be prepared and painted according to materials and surface preparation schedules. B. All surfaces of the interior wet portion of the tank, from the tank bowl ceiling to the tank bottom (inclusive of inlet/outlet pipe and vault/pit piping), shall be prepared and painted according to materials and surface preparation schedules. 1.7 TELECOMMUNICATIONS EQUIPMENT A. All telecommunication equipment antennas and cables on thelower are to be temporarily removed by the telecommunications company. The Contractor shall cooperate with the Owner in providing adequate notice for removal of this equipment. B. The Contractor must coordinate with telecommunications companies for location of temporary facilities and protection of their equipment. Any damages caused from the Contractor's operations shall be the Contractor's responsibility to repair or replace at their own expense. 1.8 PRE- APPLICATION MEETING A. Convene a pre - application meeting before start of application of coating systems. Require attendance of parties directly affecting work of this section, including Contractor, Engineer, applicator, and manufacturer's representative. Review the following: 1. Environmental requirements 2. Protection of surfaces not scheduled to be coated 3. Surface preparation 4. Application 5. Disinfection 6. Repair 7. Field quality control S. Hold points and 48 hours' notice for inspections 9. Provision by contractor for safe access for inspections 10. Cleaning 11. Protection of coating systems 12. Warranty inspections 13. Coordination of other work 14. Progress meeting schedule during project PART 2 -- MATERIALS 2.1 PRODUCT A. All materials delivered to the job site shall be in the original sealed and labeled containers of the paint manufacturer. Material shall be within shelf life and shall be stored appropriately on the site. All R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -3 materials shall be stored in environmental controlled area that maintains the temperatures listed on the materials product data sheets or specific manufactures instructions. B. Paint and the paint products of the specified manufacturers are listed as standards of quality in the paint schedule. Products of other manufacturer's equivalent in quality and type to those specified may be acceptable. Approval of equivalent materials shall be at the discretion of the Engineer. Contractors wishing to utilize equivalent materials shall submit manufacturer's specifications of the requested product to the Engineer a minimum of 45 days in advance of the anticipated painting date for approval. Additional supporting information and test results may be required by the Engineer prior to approval or rej ection. C. Contractor may select any of the specified coating products. Contractor may apply for reimbursement to select a higher grade coating or coating system subject to engineer approval. D. Color of final top coats shall be determined by the Owner. Contractor to provide owner with the coating manufactures color chart samples of final coat colors. E. Alternative coating system schedules may be used based on Owner's discretion and approval. F. All interior wet materials shall be NSF /ANSI Standard 61 approved materials. G. The Contractor shall provide the coating material manufacturer's extended warranty for all Fluoropolymer type coating materials used on the project. INTERIOR WET PAINTING SCHEDULE (Base Bid) - Inclusive of inlet /outlet pipe, vault /pit piping, landlinac_ rune have rinv_ and all areas ahnve the tnn landinu_ Product Sherwin Williams Tnemec Field Prime: Galvapac NSF Series 91 Hydro -Zinc Color: Green Greenish -gray DFT: 2.5 to 3.5 mils 2.5 to 3.5 mils Field Intermediate: Macropoxy 646PW Series N140 Color: Buff Beige 1255 DFT: 4 to 6 mils 4 to 6 mils Field Finish: Macropoxy 646PW Series N140 Color: Mill White 15BL Tank White DFT: 4 to 6 mils 4 to 6 mils Total DFT 10.5 to 15.5 mils 10.5 to 15.5 mils INTERIOR DRY PAINTING SCHEDULE (Base Bid) — Spot Repair - -Note: Inlet /outlet pipe, vault /pit piping, landings, cone base ring, and all areas above the top landing shall receive (complete ranlaramantl infarinr Wat Raca Rill Crharinle_ Product Sherwin Williams Tnemec Field Prime: Macropoxy 646PW Series N140 Color: Buff Beige 1255 DFT: 4 to 6 mils 4 to 6 mils Field Finish: Macropoxy 646PW Series N140 Color: Mill White 15BL Tank White DFT: 4 to 6 mils 4 to 6 mils Total DFT 8 to 12 mils 8 to 12 mils R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -4 INTERIOR DRY PAINTING SCHEDULE (Alternate Bid) — Complete Replacement - -Note: Inlet/outlet pipe, vault /pit piping, landings, cone base ring, and all areas above the top landing shall receive Interior Wet Race Rid Schedule_ Product Sherwin Williams Tnemec Field Prime: Galvapac NSF Series 91 Hydro -Zinc Color: Green Greenish -gray DFT: 2.5 to 3.5 mils 2.5 to 3.5 mils Field Intermediate: Macropoxy 646PW Series N140 Color: Buff Beige 1255 DFT: 4 to 6 mils 4 to 6 mils Field Finish: Macropoxy 646PW Series N140 Color: Mill White 15BL Tank White DFT: 4 to 6 mils 4 to 6 mils Total DFT 10.5 to 15.5 mils 10.5 to 15.5 mils EXTF,RIOR PAINTING fiC14RDITi,F /Race Rid) Product Sherwin Williams Tnemec Field Prime: Galvapac NSF Series 91 Hydro -Zinc Color: Green Greenish -gray DFT: 2.5 to 3.5 mils 2.5 to 3.5 mils Field Intermediate: Macropoxy 646 Series N140 Pota -Pox Plus Color: Light Blue 39BL Delft Blue DFT: 4 to 6 mils 4 to 6 mils Field Finish: Hi- solids polyurethane Endurashield 1074 (gloss) or 1075 (semi - gloss) Color: As specified by Owner As specified by Owner DFT: 3 to 5 mils 2 to 3 mils Logo: Fluorokem Series 700 Hydroflon Color: As specified by Owner As specified by Owner DFT: 2 to 3 mils 2 to 3 mils Total DFT 9.5 to 14.5 mils 8.5 to 12.5 mils 2.2 SEALANTS A. Caulking sealant shall be Sikaflex IA or equal single component polyurethane sealant. All sealants used shall be compatible with the coating manufacture's materials, NSF approved, and pre- approved by the engineer. PART 3 -- EXECUTION 3.1 TANK DRAINING A. The Contractor shall coordinate draining of the tank with the Owner's staff. B. All work that can be performed prior to the tank draining shall be completed in order to keep the "out - of- service to a minimum. This includes the rigging for the containment. 3.2 SURFACE PREPARATION A. Exterior (Base Bid): 822.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -5 1. The entire surface shall be abrasive blast cleaned to an SSPC -SP6 (MACE 3) Commercial Blast Cleaning, removing all paint, mill scale, rust, dirt, or foreign matter by any of the recommended methods outlined in Society for Protective Coatings' Specification. SSPC -SP6 (NACE 3). An angular anchor profile of 2.0 to 3.0 mils shall to be established. B. Interior, Wet (Base Bid): Inclusive of inlet/outlet pipe, landings, areas above top landing, and vault piping. 1. The entire surface shall be blast cleaned to an SSPC -SP10 (NACE 2) Near White Metal Blast Finish, removing all paint, mill scale, rust, dirt, and any foreign matter by any of the recommended methods outlined in Steel Structures Painting Council's Specification SSPC -SP10 (NACE). An angular anchor profile of 2.0 to 3.0 mils shall to be established. All weld spatter, welding scabs or irregular surfaces shall be ground smooth prior to final blast. All corners and sharp edges shall be ground to 1/8 radius. Contractor shall re -blast all ground surfaces to remove grinding burrs. After finish coat has cured, apply caulking to all roof structure seams and any other open seams present. 2. After blasting, the Contractor shall inspect the entire surface for surface pitting and imperfections shall be corrected by either of the following: methods: (a) Application of pit filler material. Contractor shall be compensated based on an hourly basis. Pit filler, similar to Sherwin Williams Steel -Seam FT910 Epoxy filler, shall be applied after application of the field primer. (b) Pitting and surface imperfections which require repair due to structural issues as identified and authorized by engineer shall be repaired by welding. Contractor will be compensated on an hourly basis. All welding of structural joints shall be performed by personnel qualified according to AWWA D100, latest edition. C. Interior, Dry (Spot) 1. All interior landings, all areas above the top landing, inlet/outlet pipe, cone base ring, and vault/pit piping shall receive the same surface preparation and applied coating system as stated above in section 3.2 paragraph B (Interior, wet). This surface preparation and coating system also applies to the entire insulated inlet/outlet pipe and the entire tower foundation base plate ring. 2. The remaining areas shall receive spot repair as deemed necessary by the Engineer. (a) After cleaning the interior dry surface areas that require spot repair, the contractor shall identify and mark the spot repairs. The Engineer will verify that there are no additional spots prior to spot blast. (b) The spots repairs shall receive a "spot" abrasive blast as per SSPC -SP6 (NACE 3) Commercial Blast Cleaning. The abrasive blast shall be feathered at the edges. A minimum blast profile of 2.0 mils shall to be established. D. Interior, Dry (Complete removal and Replacement) — Alternate Bid The entire surface shall be blast cleaned to an SSPC -SP6 (NACE 3) Commercial Blast Finish, removing all paint, mill scale, rust, dirt, and any foreign matter by any of the recommended methods outlined in Steel Structures Painting Council's Specification SSPC -SP6 (NACE 3). An angular anchor profile of 2.0 to 3.0 mils shall to be established. All weld spatter, welding scabs or irregular surfaces shall be ground smooth prior to final blast. All corners and sharp edges shall be ground to 1/8 radius. Contractor shall re -blast all ground surfaces to remove grinding burrs. After finish coat has cured, apply caulking to all structure seams as deemed necessary by the Engineer. E. The Contractor shall thoroughly examine the structure to determine any needed repairs prior to proceeding with painting and notify the Engineer and Owner of the extent of the repair, the consequences of not performing the repair, and the estimated cost of performing the repair. The final decision to authorize the repair shall rest upon the Owner. . 1 R22.111289— Columbia heights, MN WATER TOWER REPAINTING , R 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -6 F. The Contractor shall make every effort to confine the effects of his dry abrasive blasting operations to the immediate work site. The Engineer may halt blasting operations if winds cause adverse drift of blast material onto adjacent properties. All field blasting shall be in compliance with state and federal dust emission regulations. The use of silica for exterior blasting is forbidden. G. Apply the pre- approved elastomeric sealants (after coating has properly cured) along roof radial lap seams and support angles having intermittent welds, on angles to within 1 -foot of the high water line, along seams of the contact point of the roof and outer roof stiffener as well as other areas identified by the engineer. H. The Contractor shall conduct blasting and power washing operations in such a manner as not to impede the routine use of the surrounding area or place the public or environment at risk. Any chemical aids used in cleaning shall be controlled and properly disposed of while no harm to the environment. I. Any areas that show any signs of rust blooms prior to primer application shall be reblasted in accordance with this specification at no additional cost to the Owner. All surfaces receiving abrasive blast shall be coated the same day or the surfaces shall be re- blasted. J. Contractor shall provide adequate construction lighting to meet the minimum OSHA construction industry standards. Contractor also to provide illumination equal to or exceeding SSPC Technology Guide No. 12 to all areas during the operations of receiving abrasive blast, surface preparation testing and inspection, coating application, and coating testing inspection. If sufficient lighting levels are in question, it will be the responsibility of the Contractor to prove the required amount of illumination required by the SSPC Technology Guide No. 12 and OSHA construction industry standards. K. Blotter Test shall be performed per ASTM D4285 on a daily basis. Satisfactory results shall be required prior to any abrasive blasting. Contractor shall date and retain the blotter test paper as part of the daily log. L. Abrasive blasting is strictly forbidden unless the surface temperature is at least 5 degrees above the dew point. 3.3 ACCEPTANCE OF WORK A. The Engineer shall approve all surface preparation before primer is applied. B. Contractor shall check each coat for adequate coverage and contractor shall perform dry film thickness readings prior to application of the next coat. Each coat must be accepted by the Engineer prior to the application of the next coat. C. The Contractor shall provide all necessary and means of safe access (within arm's reach) for owner's inspection representative. This shall include all ladders, lifts, lighting, scaffolding, ventilation, and items necessary for safe performance of the tank inspections. The Contractor shall also give at minimum 48 hours' notice for requested inspection. D. The final surface appearance shall have a uniform texture, color, and sheen. E. The contractor shall perform holiday testing to all interior wet areas, including roof structure, and assure that coatings meet NACE SP0188 - Discontinuity (Holiday) Testing of New Protective Coatings on Conductive Substrates. The contractor shall perform the testing in the presence of the Engineer and /or owner's representative. R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -7 3.4 APPLICATION OF PAINT A. Materials shall be mixed, thinned and applied according to the manufacturer's written instruction and in accordance with AWWA D102; latest edition. B. All painting shall be done in a workmanlike manner so that the finished surfaces will be free from runs, drips, drops, sags, ridges, waves, laps and unnecessary brush marks. All of these conditions shall be immediately repaired at the contractor's expense. C. Coating shall be applied only in satisfactory painting weather and conditions as per the coating material manufacture's product data sheets. Work area shall be free of airborne dust, debris and insects at the time of painting and while the film is forming. Steel temperature surface shall be a minimum of 5 degrees above the dew point. Epoxy may not be applied when ambient or steel is below 40- degrees F, or when the humidity is above 80 %. Urethane may not be applied when ambient or steel temperature is below 50- degrees F, above 110 - degrees F, or when the humidity is above 70 %. D. The coatings used shall be applied within the recommended spreading rate of the manufacturer to provide the proper wet and dry film protection. E. Allow a minimum of seven days after final application of materials before flushing, sterilizing or filling with water. Follow time and temperature requirements the coating manufactures material data sheet as supplied by the coating manufacturer. Contractor shall maintain proper air circulation during the curing process at all times. F. Contractor shall cover or protect any structures, materials or other items adjacent to the tower from paint spillage, paint drift, and overspray. G. The use of fast cure coatings or accelerators requires pre - approval of the Engineer on a daily basis prior to use. No fast cure coatings or accelerators may be used when ambient temperature is above 70- degrees F. H. All welds, laps, seams, corners, cavities, and other surface irregularities shall receive a "stripe" coat hand applied prior to each coating application. Only a stiff bristle brush shall be used to apply the "stripe" coat. No rollers shall be used for stripe coating. I. Individual components shall be mixed per manufacturer's instructions. No mixing of partial kits shall be allowed. Any container containing partial amount of material shall be immediately be discarded. J. Each coat of paint applied shall meet the required thickness schedule regardless of the previous underlying or additional coating to be applied. Each coat shall completely cover the previous or existing coating. Any underlying coat that is visible shall receive an additional coating application prior to the application of the next coating material. K. All surfaces and coating applications shall be quality control inspected and approved by the contractor before presenting to the engineer for inspection. This includes near surface visual inspection and the dry film thickness readings. L. The interior wet surfaces and exterior cone base shall be masked from dry spray, overspray, drips, etc... prior to coating application performed from above. M. All surfaces must be completely coated and free of all dust and any other contaminates. All dry spray shall be removed by sanding prior to the next coat. The coating application must be approved by the Engineer before the next coat is applied. N. All interior tank surfaces shall be spray applied. The use of spray application on the exterior shall be strictly forbidden. R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -8 O. All portions of the exposed foundation shall receive an epoxy prime coat and finish coat of the same type and color as the tank exterior or other color as chosen by the engineer. The foundations shall be abrasive blast cleaned or pressure power washed with no less 3500 psi. volume prior to coating application. P. Within the safety railing area of the tank roof, apply a non -skid finish on the top of all roof plates. 1. This system will require one or more additional intermediate coats. 2. While the additional intermediate coat is still wet, broadcast clean course grit sand evenly over the entire surface. 3. After the second coat has cured, remove excess (loose) sand and apply one or more finish coats as necessary to completely cover the sand. Q. Down -Draft Ventilation requirements: The Contractor shall provide adequate ventilation during all interior painting operations. Ventilation must be continuous during all painting operation and for a minimum of four hours after paint application has stopped. Contractor must not exceed 10% of the lower explosive level (LEL) in the confined areas of the work space. Air shall be drawn out of the lowest portions of the tank during blow -down and painting operations at a minimum rate of 4 air exchanges per hour. Natural ventilation shall be maintained during final cure of the painting. R. The coatings used shall be applied at the recommended spreading rate of the manufacturer to provide the property wet and dry film protection. Coating shall be applied only in good painting weather. Work area shall be reasonably free of airborne dust, debris and insects at the time of the application and while the film is forming. Steel temperature shall be at least 5 degrees above the dew point. Epoxy paint may not be applied when ambient or steel temperature is below 40 °F or when humidity is above 80 %. Urethane shall not be applied when ambient or steel temperature is below 50 °F or when humidity is above 70 %. In the event these requirement conflict with coating manufacturer's recommendations, stricter requirements would prevail. S. Apply the pre- approved elastomeric sealants (after coating has properly cured) along roof radial lap seams and support angles having intermittent welds, on angles to within 1 -foot of the high water line, along seams of the contact point of the roof and outer roof stiffener as well as other areas identified by the engineer. T. Following all abrasive blast and painting operations, the interior dry portion of the tank shall receive a power wash cleaning to assure removal of all abrasive blast media, dust, and contaminates. A final "walk -thru" shall be performed by the Contractor and Engineer following satisfactory cleaning. U. Apply the pre- approved elastomeric sealants (after coating has properly cured) along roof radial lap seams and support angles having intermittent welds, on angles to within 1 -foot of the high water line, along seams of the contact point of the roof and outer roof stiffener as well as other areas identified by the engineer. 3.5 REPAIR A. Damaged Materials: Repair or replace all damaged materials and surfaces to receive coating. B. Damaged Coatings: Touch -up or repair damaged coatings. Touch -up of minor damage shall be acceptable where result is not visibly different from adjacent surfaces. Recoat entire surface where touch -up result is visibly different, either in sheen, texture, color, or appearance. C. Coating Defects: Repair in accordance with manufacturer's instructions coatings that exhibit film characteristics or defects that would affect performance or appearance or coatings systems. R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -9 3.6 FIELD QUALITY CONTROL A. The Owner shall provide a Project Representative to monitor and test all critical phases of the work in accordance with the specifications. This shall not preclude the Contractor from performing their own quality control checks. B. Where the dry film thickness measurements indicate a coating thickness less than the minimum specified, additional applications shall be necessary in order to attain the minimum dry film thickness of each coat specified for the painting system. No additional compensation will be made for any additional coats required to meet the minimum dry film thickness specified for each coat. C. The dry film thickness shall be calibrated on the actual abrasive blast substrate or abrasive blast sample representing the similar condition of the abrasive blasted substrate. The abrasive blast sample used for calibration shall also have the similar blast profile as the actual abrasive blast substrate. D. Contractor's Daily Log: 1. The Contractor shall keep a daily log in which the following information shall be recorded as taken. All information listed below shall be recorded throughout the day. This daily log shall be kept at the site and be available to the owner's representative at any time and immediately upon request: (a) Environmental readings inclusive of air temperature, surface temperature, dew point, and humidity readings shall be taken at intervals throughout the day's work. Readings shall be taken at the start of the morning's work, midday and afternoon. Environmental readings shall always be taken just prior to the blasting operations or coating applications initiate. Should environmental conditions change, additional readings shall be taken to assure that coatings are being applied under the conditions as outlined by the coating manufacturer. (b) Daily Blast profile readings shall be taken following blasting operations. Readings shall record the depth of the profile using Testex X- Course Replica Tape. Replica Tape shall be included in Daily Log. (c) Weather conditions (wind speed, wind direction, and precipitation) (d) Blotter test results for the abrasive blast equipment. (e) Detail and areas of work performed during the day. (f) Any issues or problems encountered throughout the day inclusive of equipment, delays, inclement weather, etc.... shall be recorded. 2. One copy of the daily logs shall be submitted weekly to the Engineer. Two full sets shall be submitted to the Engineer prior to completion of the project. E. The Contractor shall supply rigging that is safe and provides arms to reach all areas to be painted. The rigging shall meet all Federal and State Safety Standards. Contractor shall make safe access available at all times for the Project Representative to perform routine inspection. 1. Contractor shall at all times provide a temporary 3/8" cable secured to all ladders attached to the tower as a means of a temporary cable safety climb system. Contractor shall provide adequate construction lighting to meet the minimum OSHA construction industry standards. Contractor also to provide illumination equal to or exceeding SSPC Technology Guide No. 12 to all areas receiving abrasive blast, surface preparation testing and inspection, coating application, and coating testing inspection. If sufficient lighting levels are in question, it will be the responsibility of the Contractor to prove the required amount of illumination required by the SSPC Technology Guide No. 12 and OSHA construction industry standards. F. Manufacturer's Field Services: Manufacturer's representative shall provide technical assistance and , guidance for surface preparation and application of coating systems. R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -10 3.7 CONTAINMENT PLAN A. Submittal of the full containment plan outlining all the details, equipment, containment screens, containment top cover, impervious ground covers, negative air dust removal equipment, containment structure and installation drawings (ground anchors, lifting and lowering system, etc.), other equipment, wind loading calculation, containment support calculations, and /or other pertinent information, and inhibitor the Contractor plans to employ with the wet abrasive blasting operation. This plan shall be approved and stamped by a licensed Professional Engineer. The Owner and the Engineer will review the plan, but the responsibility for its implementation and any damages that arise from the containment system will fall on the Contractor B. The full containment plan must be submitted for review, a minimum of ten (10) business days prior to preconstruction meeting for acceptance at the preconstruction meeting. Work on the Project will not begin without an accepted containment plan. C. FAILURE TO SUBMIT THE CONTAINMENT PLAN IN ACCORDANCE WITH THIS SPECIFICATION MAY RESULT IN REVOCATION OF BID BOND AND TERMINATION OF CONTRACT. D. This containment plan must be in conformance with SSPC -Guide 1, guide for containing debris generated during painting removal operation, class 2 and with STATE OF MINNESOTA, DEPARTMENT OF ENVIRONMENTAL HEALTH REGULATIONS. E. The plan shall contain corrective measures for repair of interior surfaces which may be damaged due to welding or other activities required to provide full containment. F. Provide full containment as per SECTION 13415 - SPECIAL CONSTRUCTION (SUPPLEMENTARY SPECIFICATIONS) G. The plan does not relieve the Contractor from the responsibility for providing an effective and operational containment system in conformance with all Federal, State and Local requirements sufficient to protect persons, property and the environment from injury and damage due to the Contractor's operation. 3.8 CITY LETTERING/LOGO A. The Owner's name and logo shall be painted on two sides of the tank in standard lettering and size offered by the Contractor, as specified by the Owner, by brush and or roller using materials and to a thickness as specified in the Painting Schedule. Straight edges shall be masked. The color and style of lettering will be chosen by the Owner from the Contractor's standards. Owner shall approve logo placement. B. The Contractor shall furnish a drawing showing the style and size of letters to the Owner and the logo for approval. The contractor's logo pattern shall be turned over to the Owner after project completion. C. Contractor shall provide full color shop drawings and color samples to Engineer for approval. 3.9 DISINFECTION A. Following completion of the painting of the tank, the tank shall be disinfected according to specification Section 13211 — Water Storage Tank Disinfection. Method of disinfection shall be method "2" submitted for approval and be pre- approved by the engineer. R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -11 3.10 AFFIDAVIT OF COMPLIANCE A. After completion of all painting, the Contractor shall furnish an affidavit that the work and materials furnished under this section of the Specifications meet the applicable requirements of AW WA -D 102. 3.11 WARRANTY INSPECTIONS A. The surfaces of the tank painted by the Contractor shall be inspected by representatives of the Owner, Engineer and the Contractor at approximately one year's time and two year's time after painting work has been completed to determine whether any repair work is necessary. B. The Contractor shall establish the date for each inspection and shall notify the Owner and Engineer at least 30 days in advance. If an inspection date has not been established within 13 months and 25 months after the painting work was completed, the inspection will be scheduled by the Owner at later date(s); however, the Contractor will be required to perform all remedial work at that time and will not be relieved of his obligation to do such remedial work. C. The Contractor shall provide all necessary access inclusive of lights, ladders, ventilation, and appurtenant items necessary for performance of the tank inspections. D. Remedial work shall be in accordance with AWWA -13102. Inspection reports shall be prepared and delivered to the Engineer covering the first and second year anniversary inspections, setting forth the number and type of failures observed, the percentage of the surface area where failure has occurred, remedial work performed on the failures, and names of the persons making the inspection. Color photographs illustrating each type of failure shall be included in the report. Each report shall be submitted within 15 days of each anniversary inspection. All inspections and remedial work shall be performed at no additional cost over contract price. * ** *END OF SECTION * * ** R22.111289— Columbia heights, MN WATER TOWER REPAINTING 250,000 Gallon Elevated Water Storage Tank PAGE 09910 -12 DIVISION 13 SPECIAL CONSTRUCTION SECTION 13211— WATER STORAGE TANK DISINFECTION PART 1 -- GENERAL 1.1 SCOPE A. The work under this section of these specifications includes the cleaning, preparation, and disinfection of welded steel elevated water storage tanks. 1.2 SPECIFICATION REFERENCE A. AWWA C652 — Disinfection of Water Storage Facilities 1.3 SUBMITTALS A. Bacteria and chlorine residual test results. PART 2 -- MATERIALS 2.1 DISINFECTION A. Sodium Hypochlorite in liquid form. B. Calcium Hypochlorite in tablet or granular form. PART 3 -- EXECUTION 3.1 CLEANING A. All vents and screens shall be removed prior to cleaning and replaced immediately after cleaning. B. The inlet/outlet riser shall be thoroughly cleaned and flushed prior to disinfection to remove any residual construction debris. C. All foreign objects or materials from the tank interior shall be removed and the interior surface of the tank shall be thoroughly cleaned with high pressure water. Any dirt or foreign objects which accumulate in the tank during cleaning shall be removed. 3.2 DISINFECTION A. The interior of the tank shall be chlorinated in accordance with AWWA C652, Method 2. B. A 200 mg /1 available chlorine solution shall be directly applied to all interior surfaces of the tank using suitable brushes or spray equipment. C. All surfaces on the interior of the tank including the ceiling, inlet/outlet riser pipe, and drain piping shall be thoroughly coated. D. The chlorine solution shall be kept in contact with surfaces for a minimum of 30 minutes. E. After a minimum of 30 minutes, the tank shall be filled and bacteria tests shall be taken. F. Following Engineer's receipt of passing bacteria tests, the tank may be put into service. 822.111289— Colunbia Heights, MN WATER STORAGE TANK DISINFECTION 250,000 Gallon Elevated Water Storage Tank PAGE 13211 -1 3.3 FIELD QUALITY CONTROL A. Bacteria Testing 1. Contractor shall provide two (2) water samples, taken 24 hours apart. The water samples shall be taken from the smooth nose sample tap located at the base of the inlet/outlet riser. Samples shall be tested for coliform bacteria and chlorine residual by a certified testing laboratory. 2. A bacteria test shall be considered passing if the sample is negative for coliform bacteria. Chlorine residual results are for information purposes only. * ** *END OF SECTION * * ** 822.111289— Colunbia Heights, MN WATER STORAGE TANK DISINFECTION 250,000 Gallon Elevated Water Storage Tank PAGE 13211 -2 SECTION 13415 — ELEVATED WATER STORAGE TANK REHABILITATION 17J��l� �`►1_�17� 11 1.1 SUMMARY A. Work under this section consists of furnishing all labor, materials, and equipment for repair, recondition and install specific accessories for the elevated water tank, as specified herein. 1.2 SPECIFICATION REFERENCE A. The material, techniques and labor involved in the reconditioning of the elevated storage tank shall conform to the current AWWA and NACE Specifications applicable, which shall include but not be limited to the following: 1. AWWA - D100 (Most current): Welded Steel Tanks for Water Storage. 2. AWWA - D102 (Most current): Painting Steel Storage Tanks. 3. AWWA - D105 (Most current): Disinfection of Water Storage Facilities. 4. NACE - RPO178: Fabrication Details, Surface Finish Requirements, and Proper Design Considerations for Tanks and Vessels to be Lined for Immersion Service. B. In addition, all work and equipment shall conform to the most current applicable OSHA standards. 1.3 SUBMITTALS A. The Contractor shall submit detailed shop drawings and specifications signed by engineer licensed in the State of Minnesota. The shop drawings shall include details for all structural modifications to the tank. PART 2 -- MATERIALS 2.1 PRODUCTS A. Metals - See Division 05000. B. Concrete — See Division 03000. C. LED FAA Obstruction Light 1. Light shall be Unimar 12004- 860 -1R01- 002- ALTR/18001 -001 or equivalent, with photo control. D. Sump Pump Discharge Piping shall be PVC, schedule 40. PART 3 -- EXECUTION 3.1 PREPARATION A. All materials shall be prepared and applied according to manufacturer's recommendations. B. All surface preparation shall be performed according to manufacturer's recommendations. C. All electrical work shall conform to electrical code. 3.2 INTERIOR RECONDITIONING AND REPAIR A. The following tasks shall be required in the tank interior (refer to the inspection report and appendix for additional description and photos): R22.111289 - Columbia Heights, MN ELEVATED WATER STORAGE TANK REHABILITATION 250,000 Gallon Water Tower Rehabilitation PAGE 13415 -1 1. Base Bid Items (a) Epoxy caulk the long over lapped seams of the dollar plates. (b) Fillet weld the over lapped joint of the dollar plates to the roof plates, all overlapping seams of the roof plates and junction of the roof plates to the upper shell section. (c) Replace the tank bowl drain coupling and plug with a frost free valve and piping that connects to the overflow pipe. (d) Replace the 12x18 inch oval manhole gasket. 2. Alternate Items (a) Construct 4 -inch thick concrete floor and steps in pedestal base, per the detail. (b) Bury valve pit sump pump discharge piping beneath floor and extend to below grade exterior 1 -cubic yard gravel pocket. Piping shall have positive drainage to gravel pocket. Price bid shall include coring the concrete valve pit wall and the tank foundation wall. (c) Replace plywood valve pit cover with new aluminum cover with removable sections for future maintenance and access hatch located over valve pit steps, per the detail. A. The following tasks shall be required on the tank exterior (refer to the inspection report and appendix for additional description and photos): 1. Remove the existing roof vent and install a fail -safe (pressure- vacuum relief) with removable top mushroom style vent. The new vent and vent screen should meet AWWA D100 and MN Dept of Health regulations. 2. Install one 24 -inch diameter round, hinged roof manway. 3. Install an 18 -foot diameter OSHA approved roof hand rail to enclose the existing roof manways and the vent /finial. Install a non -skid walkway within the area of the new hand railing. 4. Install a new 24 -inch diameter manway in the bowl, located 180 - degrees from the existing manway and include ladder from the top platform to the bowl for safe access. 5. Plug weld the hole in the condensation pipe on the exterior of the tower. 6. Replace the overflow pipe screen using a corrosion resistant, heavy gauge, No. 4 mesh screen. 7. Replace incandescent double obstruction lights with new LED FAA double red obstruction light with photo control. Secure warning light assembly to new handrail. * ** *END OF SECTION * * ** R22.111289 - Columbia Heights, MN ELEVATED WATER STORAGE TANK REHABILITATION 250,000 Gallon Water Tower Rehabilitation PAGE 13415 -2 SECTION 13415 — SPECIAL CONSTRUCTION (SUPPLEMENTARY SPECIFICATIONS) 1. Exterior Abrasive Blast Containment (a) The Contractor shall be fully responsible to provide full containment of the exterior tank abrasive blasting operation, including a top bonnet or cover to prevent the drift of abrasive and existing exterior paint removed onto adjacent property, streets or structures. THEREFORE, CONTAINMENT AND DISPOSAL PER STATE AND FEDERAL REGULATIONS WILL BE MANDATORY. In conjunction with full containment, the contractor shall be responsible to provide adequate dust collection or negative air to the containment system to prevent the release of emissions to the environment. (b) As an option, the Contractor may employ a wet abrasive blasting operation, in conjunction with full containment of the exterior to achieve the goal of control of paint and dust emissions. The Contractor must submit for review and approval to the Engineer and Owner a written plan outlining all the details and equipment the Contractor plans to employ with the wet abrasive blasting operation. The Owner reserves the right to accept or reject the Contractors proposed plan. The Contractor expressly agrees to abide by the decision of the Owner or Engineer in accepting or rejecting the Contractors wet abrasive blasting or environmental compliance plan. (c) THE CONTRACTOR EXPRESSLY AGREES TO OBEY THE VERBAL OR WRITTEN DIRECTION AND INSTRUCTION OF THE ENGINEER, INSPECTOR OR OWNER'S REPRESENTATIVE IN DETERMINING WHEN THE EXTERIOR ABRASIVE BLASTING OPERATION MAY PROCEED OR MUST BE SUSPENDED DUE TO EXCESSIVE WINDS, OR DRIFT OF DUST, SPENT ABRASIVE AND PAINT CHIPS OUTSIDE THE AREA OF CONTAINMENT. (d) Screens used for containment shall be inspected and approved for use by the Engineer, Inspector or Owner's Representative. Windscreens used for containment shall be solid screens. They shall be UV- Stabilized, weather and solvent resistant. (e) The Contractor shall be fully responsible to provide 100 ( %) percent impervious ground coverage in all areas adjacent to the tank for the purpose of ensuring recovery of (a minimum) 95 ( %) percent of all spent abrasive, removed paint, and debris from the abrasive blast operation. Ground cover shall consist of reinforced plastic or canvas tarps sufficiently overlapped and secured to prevent contamination of the ground by contact of the abrasive and paint chips debris. (f) The Contractor shall be fully responsible to provide 100 ( %) percent temporary, minimum 6 -foot height, wire mesh or snow type fencing around the perimeter of the Owner's property to prevent unauthorized access to the site. Corner and intermediate posts shall be adequate to support the fence and placed at maximum 12 -foot intervals. The contractor shall install adequate, lockable gates for access by personnel and contractor equipment. The Contractor expressly agrees to abide by the decision of the Owner or Engineer in accepting or rejecting the Contractor's temporary fencing plan. (g) Disposal of waste materials generated by the Contractor or his subcontractor(s) will be as specified in Section 3 of this specification. 2. Blast Cleaning (a) Use proper equipment and abrasives when blast cleaning to produce the mil profile, within the range of 2.0 to 3.5, or as recommended by the coating manufacturer. Do not reuse sand or flint abrasives. R22.111289— Columbia Heights, MN 250,000 Gallon Elevated Water Storage Tank SPECIAL CONSTRUCTION (SUPPLEMENTARY SPECIFICATIONS) PAGE 13415 -1 (b) The abrasive used shall be of the type that is graded as to proper size, shape and hardness. It shall be free of contaminants and shall not embed itself in the blasted surface. Silica sand, Flint, Garnet or Quartz type abrasives shall be chemically washed, dried, dust, dirt and fines free, resistant to fracture (shattering), and contain no leachable contaminates. Synthetic (non- metallic and non - siliceous) abrasives such as Silicon Carbide, Aluminum Oxide and Refractory Slag products shall meet the above criteria. THE USE OF REDUCED OR DUST FREE ABRASIVE BLASTING IS REQUIRED. Prior to start-up of the project, samples of the Contractor's selected abrasive and /or abrasive /admixture shall be submitted to the Engineer for testing and approval. Random field testing of the abrasive shall be done, as directed by the Engineer, to ensure the abrasive used complies with these requirements. (c) The use of a recyclable abrasive, such as steel grit, is neither specifically encouraged nor prohibited. Contractors requesting the use of a recyclable abrasive must comply with the specified mil profile. Waste generated by this method of abrasive blasting will be considered Hazardous Waste and as such must be disposed of accordingly. Therefore, the provisions of Section 3.4 and 3.6 are not applicable. (d) All compressed air supply shall be properly equipped with suitable after coolers, oil and moisture separators to prevent contamination of abrasives and /or blasted surfaces. These separators shall be of the continuous bleeding or automatic dumping type. In order to prevent contamination of abrasives and /or blasted surfaces, it is recommended that the separators be installed between the compressed air outlet and the blasting pot compressed air inlet. (e) Stop abrasive blast cleaning in sufficient time to remove all dust, spent abrasive and other foreign mater from and around all blasted surfaces (including rigging and equipment) and to allow the atmosphere to clear before any coating is done. Removal of these materials shall be by clean brush or suitable industrial vacuum with particular attention given to welds, pockets, poorly accessible areas or any overhead areas. (f) Apply the first coat to all prepared surfaces, except that there shall remain uncoated a 3 -inch to 4 -inch border of blasted steel at the end of each workday. When blast cleaning resumes the following workday, this border shall be reblasted up to and including 1 -inch to 3- inches of the previous primer coating. (g) Take extra care during all blasting operations to prevent damage or abrasive impingement upon previously applied- coated areas. (h) A prime coat shall be applied within eight (8) hours after sandblasting. When the humidity exceeds 80 %, the prime coat shall be applied within four (4) hours after sandblasting. If conditions are questionable, the Engineer shall make the decision, and the Contractor shall accept his interpretation as final and binding. All surfaces must be approved by Engineer prior to coating application. (i) A daily inspection of the separators and compressed air supply will be required to insure cleanliness of all compressed air supplied for abrasive blasting. This test will be performed by a blotter test. A clean white blotter is held, no more than 18- inches from the air supply, downstream of moisture and oil separators. The air supply is directed at the blotter for approx. (2) two minutes. The blotter is then examined visually for signs of oil and moisture. A clean blotter at test completion means a successful passing of the air supply test. Failure to pass the compressed air test will be justification for rejection of abrasive blasting performed that day. The Engineer's discretion will be final in this determination. 3. Clean Up (a) The Contractor shall, at all times, keep the premises free from accumulations of waste material or rubbish caused by his employees or work. They shall clean up abrasive material or rubbish on a regular daily schedule as directed by the Engineer. All unneeded R22.111289— Columbia Heights, MN 250,000 Gallon Elevated Water Storage Tank SPECIAL CONSTRUCTION (SUPPLENIENTARY SPECIFICATIONS) PAGE 13415 -2 construction equipment shall be removed from the site, and all damages repaired expeditiously so that the adjacent property is inconvenienced as little as possible. (b) During exterior sandblasting and coating operations, the Contractor shall provide adequate protection and containment to prevent damage to adjacent structures and property by his operations. The Contractor shall also perform intermittent or periodic clean up of adjacent grounds to prevent the accumulation of sandblast sand and debris caused by his operations. This shall include, but not be limited to, sidewalks, streets, driveways, yards, and rooftops. (c) The Contractor shall be fully responsible to recover, remove and dispose of properly all spent abrasives, removed coating and paint, spent solvents, paint containers and other non - specific waste in accordance with current State and Federal regulations included, but not limited to, the 1976 Resource, Conservation and Recovery Act (RCRA) and its amendments, specifically the 1984 Hazardous and Solid Waste Amendments to RCRA. Disposal of "empty containers" shall be in accordance with RCRA 40 CFR 261.7 and Minnesota State Regulations. IN ADDITION, THE CONTRACTOR SHALL SUBMIT FOR REVIEW AND APPROVAL HIS TCLP SAMPLING PLAN. The Sampling Plan and quality control measures must be in conformance with EPA Test Procedures Manual SW -846 and current State of Minnesota, Pollution Control Agency requirements. Proper documentation of this process is required by the EPA and these specifications. The Contractor is also responsible to provide proper documentation per RCRA/EPA and State regulations for identifying, tracking and disposal of the waste generated. At a minimum, this documentation shall include a Waste Evaluation Form, Industrial Solid Waste Tracking Form, Landfill Special Waste Tracking Form and letter of acceptance of the waste by the appropriate landfill or disposal site. (d) Under this Agreement, the Contractor shall be responsible for compliance with local, state and federal regulations concerning emissions or disposal of solid, particulate, liquid or gaseous matter as a result of the cleaning, painting or other operations. Compliance with this provision shall be accomplished without direct supervision from the Engineer or Owner. The Owner shall not grant additional compensation for changes in the law, regulations or interpretations of said laws or regulations. The burning of trash, paper or wood on the job site is not permitted. Unless otherwise provided by these specifications, the Contractor is responsible for all containing, shielding, waste retrieval or other precautions required by any regulatory agency at no additional cost to the Owner. Any fines imposed on the Owner or Engineer by any regulatory agency because of the contractor's non - compliance with Environmental Regulations shall be paid or reimbursed by the contractor. (e) THE CONTRACTOR SHALL PERFORM TIMELY LABORATORY TESTING OF WASTE MATERIALS GENERATED ON THE JOB SITE TO DETERMINE ITS SPECIFIC CLASSIFICATION FOR PROPER DISPOSAL IN ACCORDANCE WITH THIS SPECIFICATION AND ALL APPLICABLE STATE AND FEDERAL REGULATIONS. A MINIMUM OF FOUR (4) TCLP TESTS SHALL BE PERFORMED, OR AS REQUIRED BY REGULATIONS ON BOTH THE INTERIOR AND EXTERIOR WASTE MATERIALS. TCLP TESTING SHALL BE FOR ALL EIGHT (8) SPECIFIC CONSTITUENT CONCENTRATIONS (EIGHT (8) HEAVY METALSANORGANICS) AS SHOWN IN 40 CFR 261.24, TABLE 1 OR AS AMENDED BY REGULATION. (f) The Owner intends to perform timely laboratory testing of waste materials to verify test results taken by the Contractor. In the event of discrepancies in test results and the resultant classification of waste materials, it is agreed by the parties to this Contract that the Engineer shall perform independent testing and shall determine all questions in relation to the classification of waste materials. The Contractor will be held liable for all supplementary testing, engineering and associated contract administration costs. R22.111289— Columbia Heights, MN 250,000 Gallon Elevated Water Storage Tank SPECIAL CONSTRUCTION (SUPPLEMENTARY SPECIFICATIONS) PAGE 13415 -3 (g) On or before the completion of work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery or other construction equipment placed by him. He shall remove all rubbish from any grounds that he has occupied and shall leave all of the premises and adjacent property affected by the operation in a neat and restored condition satisfactory to the Engineer. Restoration of grass areas shall be by the placement of black soils suitable for the growing of grass and seeded to the Owner's satisfaction. 4. Containment Plan (a) Submittal of containment plan outlining all the details submitted in drawings, equipment, tarps, structural loading that the containment system will impart to the tank(s), structural loading calculations, dust collection equipment and if the contractor chooses to employ any wet abrasive blasting, and the inhibitor the CONTRACTOR plans to employ with the wet abrasive blasting operation. (b) The containment plan must be in conformance with Minnesota Pollution Control Agency regulations for the removal Paint from Steel Structures and this specification. Included in the Containment Plan submittal are the Contractor's calculations of Risk Factor per MN PCA regulation section, temporary site fence, project site notification sign, and engineering controls for the reduction, removal and control of dust, for compliance with worker health and environmental regulations. (c) THE CONTAINMENT PLAN MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE ENGINEER SEVEN (7) DAYS BEFORE COMMENCING WORK. Work on the project will not begin without an approved containment plan. R22.111289— Columbia Heights, MN 250,000 Gallon Elevated Water Storage Tank r� SPECIAL CONSTRUCTION (SUPPLEMENTARY SPECIFICATIONS) PAGE 13415 -4 APPENDIX A ROOF HANDRAIL DETAILS (BY SEH, INC.) o 0 �c I i� 3 WELDED CAP 2 SCH 80 STEEL ---/ RAILING TYP RAIL TO POST TOP VIEW 3" SCH 80 POSTS AT �' —O" ON CENTER ALL WELDING TO BE DONE WITH E70XX LECTRODES - ABRICATE HANDRAIL STRUCTURE ON THE ROUND AND INSTALL ON HANDRAIL BASE 'LATES AS A COMPLETE UNIT PLICES 'USSET PLATES, TYP SECTION 1/4" X 4" CONTINUOUS KICK PLATE ANK ROOF FIMIN L BASE PLATE — SEE DETAIL WELD A36 SHIMS TO HANDRAIL POST BASE PLATE AS REQUIRED IF BASE PLATE IS LOCATED AT ROOF PLATE LAP -]ANDRAIL POST AND RAIL 3/8" X 8" X 8" LONG PLATE, A36 CUT MEMBER TO MATCH FIELD CONDITIONS 8" IL ELEVATION SEH FILE NO. 135968 SHEET TITLE DRAWING f s5as Wa s ccvrrt+ ao CITY PROJECT NO. Sr.A.' AN55110 SSUE DATE 02/19/2016 IVANHOE —REHAB TELECOM ROOF HANDRAIL PHOAE 65 L490.2000 DESIGNED BY ULTEG 'I = rv. FAX: 65].4902150 DRAWN BY DETAILS wA1i$: BOtl.325.2055 4 SEH ww,e�M �em v, x Q 201E Short Elliott lientlrick —, Inc. m 8 k 0 2" SCH 80 STEEL PIPE RAILING 3 O a i� z w 3 v: S � WELDED 4" X 6" X 3/8" TAB �\ FUTURE KICKER 45P ANOGLE \\ • HANDRAIL DIAMETER 20' -0 ". • FIELD VERIFY EXISTING HANDRAIL DIMENSION AND LOCATION OF TANK APPURTENANCES, AND DISCUSS ANY DISCREPANCIES WITH THE ENGINEER. 8" X 8" X 3/8" PLATE WITH WELDED TAB LOCATED EVERY OTHER VERTICAL SUPPORT. PLACED INTERIOR OF HANDRAIL AS APPLICABLE (PER ENGINEER) and SEH FILE NO. 135968 SHEET TITLE DRAWING J5J5 YAD s CM'CR QR CITY PROJECT NO. m! S / PAUL, MN 551 i ISSUE DATE 02/19/2016 ROOF HANDRAIL PHONE., 451.4907000 DESIGNED BY ULTEIG IVANHOE —REHAB TELECOM X DETAILS 2 H FA: 651.4902150 DRAWN BY SEH "A 800.375.055 .sehx.com x 0 2016 Short Elliott Hen0rickson, Inc. APPENDIX B PRELIMINARY EVALUATION REPORT ELEVATED WATER TANK INSPECTION REPORT OCTOBER 2014 250,000 GALLON CAPACITY TOWER NUMBER 1 / STINSON BOULEVARD TOWER CITY OF COLUMBIA HEIGHTS, MINNESOTA KLM PROJECT MN 2496 Engineering Inc. P.O. Box 897. 3394 Lake Elmo Ave. N. • Lake Elmo, MN 55042 (651) 773-5111 • Fax (651) 773 -5222 2 TABLE OF CONTENTS 1.0 PROJECT INFORMATION .......................................................................... ..............................3 2.0 EXECUTIVE SUMMARIES ......................................................................... ..............................4 Appendix C: 2.1 Structural Examination Summary ....................................................... ..............................4 2.2 Coating Evaluation Summary ............................................................. ..............................4 2.3 Repair and Reconditioning Cost Estimate .......................................... ..............................5 2.4 Remaining Tank Life .......................................................................... ..............................5 3.0 RECOMMENDATIONS ............................................................................... ..............................6 3.1 Interior Wet Structural ........................................................................ ..............................6 3.2 Interior Wet Coating ............................................................................ ..............................7 3.3 Cathodic Protection System (C. P.) ..................................................... ..............................7 3.4 Interior Dry Structural ......................................................................... ..............................7 3.5 Interior Dry Coating ............................................................................ ..............................8 3.6 Exterior Structural ............................................................................... ..............................9 3.7 Exterior Dry Coating .......................................................................... .............................11 3.8 Site And Environmental Considerations ........................................... ..............................1 l 3.9 Telecommunications Considerations ................................................. .............................12 4.0 INSPECTION AND EVALUATION METHODS ............................................. .............................15 4.1 Methods .............................................................................................. .............................15 4.2 Examination and Evaluation Techniques ........................................... .............................16 5.0 ENGINEER'S COST ESTIMATES ............................................................... .............................17 Appendix A: Photographs Appendix B: Drawings Appendix C: Surface Preparation Requirements I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. Matt Erickson, P.E. License No. 42727 Date: December 8, 2014 1.0 PROJECT INFORMATION KLM Project No.: MN 2496 Customer P. O. Number: Customer: City of Columbia Heights, MN Phone: (763) 706 -3705 Street /City /State /Zip: 637 38th Ave. NE, Columbia Heights MN 55421 Customer Contact: Kevin Hansen, Public Works Director Tank Owner: City of Columbia Heights, MN Phone: (763) 706 -3705 Tank Owner Contact: Kevin Hansen, Public Works Director Owner's Tank Designation: Tower Number 1 / Stinson Boulvard Tower Tank Description: Single Pedestal Spheroid Tank Street Location: 4650 Stinson Blvd, Columbia Heights, MN Purpose of Inspection: examination and interior & exterior coating evaluation Date of Inspection: October 31, 2014 Inspected By: David Montgomery and Devin Severson Type of Inspection: KLM Standard ROV Visual Assessment Procedures Manufacturer: CB &I Construction Date: 1975 Serial No.: 5 -4000 Design Code: AWWA D100 -73 Capacity: 250,000 Gallons Type of Construction: Welded Number and Size of Pilasters /Support Columns: One (1) 9 -ft pedestal w /13 -ft basecone Tank Diameter: Height: Height to: Approximately 43 -feet Overall Approximately 120 -feet HWL 106' -9" LWL 76' -9" Type of Access to Tank Interior: Interior ladder through drMell tube to manway on roof Tank Construction Drawings: None Available To KLM Previous Inspection Records: KLM (2008 Floatdown), KCI (2003) Previous AEC EXISTING COATING INFORMATION Date Last Coated Full or Spot Repair Coating Contractor Surface Preparation Paint System Paint Manufacturer Lab Lead Test Paint Chips INTERIOR WET INTERIOR DRY EXTERIOR 1996 Complete 1996 Unknown 1996 Complete TMI Coatings, Inc. TMI Coatings, Inc. TMI Coatings, Inc. SSPC -SP 10 SSPC -SP 6 SSPC -SP 6 Epoxy Epoxy Epoxy /Urethane Tnemec Tnemec Tnemec Not Taken Not Taken Not Taken 4 2.0 EXECUTIVE SUMMARIES 2.1 Structural Examination Summary Based on the inspection data, it appears that some miscellaneous structural modifications and repairs are required. These modifications and repairs serve to bring the tank into compliance with OSHA regulations, AWWA standards, as well as allow for better coating bonding, allow for safer access in and on the tank and, in some cases, removing unnecessary items. 2.2 Coating Evaluation Summary 2.2.1 Lead and Chromium Content Analysis The total lead and chromium content of the interior and exterior coatings was not analyzed as part of this contract. Based on previous inspections, knowledge of the tank, coating application date of 2007 and regulations in effect at that time limiting the use of lead or chromium based coatings, KLM anticipates that neither the interior nor the exterior coatings are lead or chromium based paints, and will not generate hazardous waste during reconditioning. 2.2.2 Interior Wet Coating It appears that TMI Coatings last coated the interior wet area of the tank in 1996. The interior wet coating is in fair to poor condition, with over 1,500 square feet of coating failures. These failures have been identified multiple times and some are now pitting, causing damage to the steel substrate. The interior wet coating should be replaced within one to two years, in conjunction with structural and surface repairs to restore the tank surface. A properly applied and maintained immersion service zinc /epoxy coating should provide at least 20 years of service. See photos and video captures in Appendix A. 2.2.3 Interior Dry Coating It appears that TMI Coatings last coated the interior dry area of the tower in 1996. The interior dry coating has less than five percent coating failure and in good condition overall. However, the coatings on platform floors, in the drywell tube plate under the cable expansion brackets, and other minor miscellaneous areas are in poor condition and will require coating repairs in conjunction with interior wet coating replacement. See photos in Appendix A. 5 2.2.4 Exterior Dry Coating It appears that TMI Coatings last coated the exterior of the tower in 1996. The exterior coating is in good overall condition, with less than two percent overall coating failure. Despite its advancing age, the coating appears to be repairable at this time. Repair the coating by spot abrasive blasting at areas of coating failures and structural modifications and applying an epoxy coating. After spot repairing, the exterior should be cleaned with high - pressure water and given one new finish coat of Tnemec Series 30. These repairs should extend the life of the exterior coating system by at least five years, and likely more. See photos in Appendix A. It is more cost effective to remove the exterior and the interior coating at the same time. 2.3 Repair and Reconditioning Cost Estimate The costs for structural repairs, replacing the interior wet coating, and spot repairing the interior dry and exterior coatings are estimated at $ . An alternate of performing the structural modifications, replacing the interior wet and exterior coatings, and performing spot repairs on the interior dry coating is estimated at $ This estimate is based on current pricing. For up -to -date competitive bids the project should be bid 9 to 12 months before the scheduled starting date. An experienced tank - coating contractor with the proper crew and equipment should be able to complete the project in six (6) weeks. At the time of reconditioning, the tower will need to be drained and remain off -line during interior structural modifications, abrasive blasting and painting. However, most of the exterior structural modifications can be performed prior to draining, with the tank in- service. 2.4 Remaining Tank Life Based on the inspection data, if the recommended structural repairs and coating replacement are completed within the next one to two years, the tank will be satisfactory for extended continued service, provided it is inspected and maintained regularly. The tank and coating should first be inspected within the warranty period and every three to five years thereafter. New interior and exterior coatings, if applied and maintained properly, should last at least 20 years. M 3.0 RECOMMENDATIONS The photographs referred to in this section are in Appendix A. All drawings are found in Appendix B. The surface preparation requirements for all repairs as well as the requirements for welding are described in Appendix C. Based on an evaluation of the inspection data, the recommendations are: 3.1 Interior Wet Structural 3.1.1 Seal weld the inside of the joint between the roof plate and the roof access manway and between the roof plate and the roof vent. These welds will prevent rust streaking and corrosion in areas inaccessible to paint. See video captures 5 and 6. 3.1.2 While the overlapped seams of the roof plates to dollar plates appear to have been seal welded on the interior, there are still locations that will benefit from the additional protection caulking will provide. At the direction of the engineer, urethane caulk approximately 100 - lineal feet of weld seam on the roof and upper torus. See photo 3. 3.1.3 Grind off all interior weld spatter below the high water level (HWL) and within 12- inches above the HWL. This work will require approximately 25 man - hours. 3.1.4 Previous inspections have identified coating failures that were not spot repaired. The corrosion associated with these failures has now lead to corrosive pitting in numerous areas on the lower cone, bowl, and drywell tube. These areas will require repair by welding in conjunction with interior wet coating replacement. The cost of welding approximately 50 pits is included in the Engineer's Cost Estimate. See photos 15 through 18 and 20. 3.1.5 Replace the gaskets on the 16 -inch by 20 -inch oval drywell tube manway and the 24 -inch round bowl manway. See photo 19. 3.1.6 Install three (3) bars over the top of the inlet pipe in accordance with Minnesota Health Department requirements. 3.1.7 There is a moderate amount of sediment in the tower bowl, which is acceptable at this time but nearing the level of the inlet pipe, and should be monitored with periodic inspections and removed as required to maintain water quality in the system and prevent unnecessary wear and tear in the system. See video captures 19 and 20. The sediment will be removed during the recommended reconditioning. 3.2 Interior Wet Coating 3.2.1 It appears that TMI Coatings last coated the interior wet area of the tank in 1996. The interior wet coating is in fair to poor condition, with over 1,500 square feet of coating failures. These failures have been identified multiple times and some are now pitting, causing damage to the steel substrate. Complete interior wet coating replacement should be performed as soon as possible, within one to two years, in conjunction with pit repairs to restore the tank surface. See photos and video captures 2 through 20. 3.2.2 After structural repairs are completed, all the reservoir surfaces should be abrasive blasted to an SSPC -SP -10 Near White Metal Blast and coated with a light - colored zinc /polyamide epoxy system (similar to the Tnemec Series 91 -H20 Hydro- Zinc /Series N140 Pota -Pox Plus Epoxy coatings). 3.3 Cathodic Protection System (C. P.) 3.3.1 The reservoir does not have a Cathodic Protection system, and one is not required if the coating is applied and maintained properly. 3.4 Interior Dry Structural 3.4.1 Install one (1) additional vapor -proof light at the top of the drywell tube interior and (2) two additional lights in the pedestal to provide lighting throughout the interior dry area. Reposition the lights as necessary to provide the best lighting within the pedestal, considering the locations of the platforms. Include a switch at the base of the drywell tube for the new drywell tube light and the remainder into the existing lighting circuits. See photo 21. 3.4.2 The existing pipe -style safety climb device on the drywell tube ladder requires a proprietary grab, which are not always readily available. Replace with a new, OSHA compliant cable style safety climb device which accepts grabs from universally available sources. Include either a grab bar extension or a telescoping extension at the top of the drywell tube for extends through the manway to the roof level when the manway is opened. See photos 21, 23 and 35 and KLM Drawing No. 21. 3.4.3 Consider abandoning the top platform and replacing it with a full platform condensate ceiling. A full platform condensate ceiling provides workers with freedom of movement and provides an additional level of safety and security, particularly when reconditioning containment cables are routed through the platform. While at the Owner's option, the cost of this item has been included in the Engineer's Cost Estimate. See photo 26. 3.4.4 Replace the safety cages on the drywell tube ladders with cable -style safety climb devices. This will facilitate easier and safer climbing, provide additional space for construction equipment during reconditioning, and eliminate a large amount of surface area requiring detailed blasting and painting. See photos 27 and 29. The cost of this item will be offset by reductions in blasting and painting. 3.4.5 Install ports in the center of each of the platform floors, to facilitate containment during the next reconditioning. See photos 26 through 28, 30 through 33, and KLM Drawing No. 52. 3.4.6 Consider removing the intermediate platforms between the bottom and top platforms and installing one (1) straight ladder with a safety climb device. The cost of this item is not included, but would likely be largely offset by the elimination of several ports from item 3.4.5 above, as well as reductions in and easing of blasting and painting operations. See photos 27 through 29. 3.4.7 During reconditioning, temporarily remove and store the insulation for the riser pipe while performing abrasive blasting and painting. Upon completion of painting and derigging, reinstall the insulation, replacing any loose, missing or broken insulation on riser pipe. Install a protective aluminum jacket around the insulation. See photos 28 and 29. 3.4.8 Modify the ladder in the basecone of the tower by installing one (1) additional rung at the base and altering the connections and supports to adjust the angle of the ladder to facilitate safer and easier access to and from the ladder. 3.4.9 Employ an electrician to replace the conduit in the base of the tower that is routed below grade and showing significant corrosion. The cost of this item is not included in the Engineer's Cost Estimate, as the extent of replacement is unknown. 3.4.10 Additional recommendations are included in Section 3.9, Telecommunications Considerations, as they relate to the telecommunications installations on the tower. 3.5 Interior Dry Coating 3.5.1 It appears that TMI Coatings last coated the interior dry area of the tower in 1996. The interior dry coating has less than five percent coating failure and in good condition overall. However, the coatings on platform floors, in the drywell tube plate under the cable expansion brackets, and other minor miscellaneous areas are in poor condition. See photos 21 through 34. W 3.5.2 Repair the interior dry coating on the platform floors, the riser pipe, the valve pit piping, at other miscellaneous areas in the drywell tube, pedestal and basecone, and at areas of structural modification in conjunction with interior wet coating replacement. 3.6 Exterior Structural The following structural repairs are not required to be performed at this time, and can be delayed until exterior coating repairs are required. 3.6.1 The roof of the drywell tube has numerous items, including the aviation obstruction light and bracket, the three (3) antenna mounts, numerous antenna cables that impede safe access and egress. See photo 35. To facilitate safe access, replace the drywell tube manway cover with an aluminum cover that is lighter and more manageable. Install a stop rest or chain for the cover to prevent it from opening beyond easy reach and without the need to trigger a release mechanism. See KLM Drawing No. 32. Remove the hold -open mechanism and bracket as unnecessary with these modifications. Install a locking hasp inside the cover on the manway curb to facilitate locking from the inside, to enhance the security on the tower. Rotate the cover as required to facilitate these modifications. In addition, perform the following: Relocate the aviation obstruction light as outlined in 3.6.5. The cost of that item is included in the Engineer's Cost Estimate. Relocate the antenna mounting brackets and antennas to the roof handrail as outlined in 3.9.10. The cost of this item is not included in the Engineer's Cost Estimate. 3.6.2 Install a round grab bar on the exterior (roof side) of the drywell tube, which can be used both for attaching safety lanyards and for grasping during egress from the drywell and transitioning from the drywell tube safety climb device to the tower roof. See photo 35. 3.6.3 The existing vent does not meet current requirements of the Minnesota Department of Health for venting on water storage tanks as the screen is not properly shielded. Replace the vent with a 24 -inch diameter pressure - pallet vent, similar to the one shown on KLM Drawing No. 37. See photo 35 through 37. The new vent and vent screen design should meet AWWA D100 -11 and Minnesota Department of Health requirements. 3.6.4 During reconditioning, temporarily remove the outer shield around the vented drywell tube, to permit abrasive blasting and painting of the drywell tube and curb (from both the interior and exterior). Following finish coating, reinstall the shield. See photo 35. 10 3.6.5 Poor welding and coating procedures have resulted in severe corrosion around the perimeter of the vent curb, to the extent that the steel has deteriorated entirely. In conjunction with item 3.6.1 above, replace the vent curb and its connection to the tank roof. See photo 38. 3.6.6 The globes for the aviation warning obstruction light do not appear to be installed or attached properly. In addition, the multitude of antennas effectively blocks the light from performing its intended function. Relocate the light from its existing location to a new bracket on the roof handrail or antenna frame, at a height that permits it to be visible. See photos 35 and 36 and KLM Drawings No. 1 and 40. In addition to relocating the light, replace it with a new energy - efficient LED -style double obstruction light which provides long term cost savings. As identified in section 3.9.9, the City of Columbia Heights should explore passing the cost of this item on to the antenna tenants. 3.6.7 Install two (2), 24 -inch diameter round, hinged cover, roof ventilation manways at approximate 180 degrees locations around the outer edge of the roof, outside of the handrail. See photos 43 and 44 for potential locations. This will provide additional ventilation during the interior surface preparation and coating and aid in compliance with OSHA Confined Space Entry requirements. See KLM Drawing No. 25. 3.6.8 Replace the corroded padlock on the roof access manway and other new manways with corrosion resistant exterior locks. See photo 38. The cost of new locks is not included in the Engineering Cost Estimate. 3.6.9 Remove the four (4), 2 -inch rigging couplings in the roof. Seal weld inside and outside repair plates over the openings. See photo 39 and KLM Drawing No. 4. 3.6.10 Approximately twelve (12) rigging lugs for containment have been left on the roof. If these cannot be re -used in conjunction with future containment, remove these rigging lugs and repair the tank surface in accordance with Appendix C. See photos 43 and 44. 3.6.11 Install a cover or rubber boot over the oval cable penetration connected to the SCADA antenna. See photo 47. 3.6.12 Either re -level the concrete stoop on the exterior of the pedestrian door or replace the stoop with a new 2 -step, free - standing galvanized grating stairs. This can be attached to the existing concrete foundation and the asphalt drive if required. See photo 48. 3.6.13 Additional recommendations are included in Section 3.9, Telecommunications Considerations, as they relate to the telecommunications installations on the tower. 11 3.7 Exterior Dry Coating 3.7.1 It appears that TMI Coatings last coated the exterior of the tower in 1996. The exterior coating is in good overall condition, with less than two percent overall coating failure. Despite its advancing age, the coating appears to be repairable at this time. Repair the coating by spot abrasive blasting at areas of coating failures and structural modifications and applying an epoxy coating. After spot repairing, the exterior should be cleaned with high - pressure water and given one new finish coat of Tnemec Series 30. These repairs should extend the life of the exterior coating system by at least five years, potentially more. See photos 35 through 48. 3.7.2 Delaying exterior coating repairs beyond one to three years could result in the coating no longer being repairable, requiring complete exterior coating replacement, including containment. The cost of replacing the exterior coating completely with a zinc /epoxy /urethane /fluoropolymer coating system is estimated at $ 3.7.3 The exterior coating is not classified as lead based paint However, due to the tank location, using conventional open air dry abrasive blasting methods to remove the entire exterior coating may cause visible air emissions and fugitive particulate matter problems. Reconditioning specifications must be designed in conformance with local, state and Federal requirements. 3.8 Site And Environmental Considerations 3.8.1 While the site is contained within a fence and a light is nearby, the security on the site could be enhanced by the following additions: a) Install security lighting on the tower or at various locations around the site. The City of Columbia Heights should consult with a lighting specialist to determine the amount, type, height, spacing and electrical requirements for these lights. If the lighting system requires any penetrations or conduit on the tower, these should be installed prior to the next reconditioning to ensure new coatings are not damaged. b) Install an electrical gate opener and electronic panel to control access through the gate in lieu of mechanically keyed locks. Due to the variety of options available for these, and the preferred systems of the City of Columbia Heights, the estimated costs of these items are not included in the Engineer's Cost Estimate. The City of Columbia Heights should discuss the available options for these with contractors specializing in the design and installation of similar systems. 12 3.8.2 In conformance with Minnesota state rules, an analysis has been performed to determine the methods of pollution control required for this storage structure during reconditioning. To maintain air quality and to prevent the drift of dust and fugitive emissions, full containment will be required during complete exterior coating replacement. Full containment includes impervious ground cover, a top cover or bonnet and negative air dust collection. 3.9 Telecommunications Considerations The costs for the following items are not included in the Engineer's Cost Estimate, as these costs should be the responsibility of the telecommunications tenants. 3.9.1 The tower has some telecommunications equipment, including antennas, coaxial cables, support brackets and other miscellaneous equipment. The Owner is advised to maintain accurate records of each of the antenna sites on the tower, including As -Built Drawings, site manager and owner contact information, upgrades performed, and future plans for antenna installations or upgrades. These records will help facilitate the future reconditioning with a minimal amount of effort on the Owner's part. 3.9.2 Working around and protecting the telecommunications equipment, including antennas, coaxial cables, support brackets, and other miscellaneous equipment during future reconditioning will incur additional costs. The antenna owner(s) should be responsible for these expenses under clause(s) in the antenna lease agreements. These costs are not included in the Engineer's Cost Estimate, as they vary considerably from tower to tower. 3.9.3 Prior to reconditioning, in accordance with the lease requirements of each antenna owner, the City of Columbia Heights should notify the telecommunications owners or manager of the work to be performed. The City should also determine whether: a) the antenna owners will pay the additional costs to work around and protect the antennas; b) the antenna owners will temporarily remove their antennas and associated equipment to facilitate reconditioning; or c) the City of Columbia Heights will have to pay for these costs themselves. 3.9.4 A critical component in the preparation for reconditioning is that the City of Columbia Heights must positively identify which antennas belong to which carrier /provider /owner, and determine a contact for each set of antennas. This includes determining whether or not the City has As -Built (or at a minimum, design) drawings. If the City does not have such drawings, they should request a set from each carrier /provider /owner. 13 3.9.5 Prior to reconditioning, KLM recommends an assessment be performed on the telecommunications installations to determine or verify the following: a) the owners (carrier) of each of the antennas; b) the antenna locations and attachment methods; c) the coaxial cable locations and attachment methods; and d) recommendations for modifications to the existing antenna installations prior to or during the reconditioning. KLM recommends the engineering firm chosen to perform engineering on the reconditioning conduct the telecommunications assessment so they are intimately aware of the antenna conditions. 3.9.6 There are currently approximately sixteen antennas on the roof: six (6) panel antennas on a separate antenna frame outside of the roof handrail (with the potential for an additional six (6) antennas); six (6) omni- directional (omni) or whip antennas attached to the roof handrail; three (3) omni antennas attached to the top of the drywell tube; and one (1) directional antenna on the top of the drywell tube. There is also a large radome protected dish antenna on the pedestal. Each of these antennas has cables, grounding, and other miscellaneous associated equipment. 3.9.7 Install welded brackets in the drywell tube for support of the coaxial cables. These brackets should be similar to those shown in KLM Drawing No. 42. Remove the existing expansion rings from the drywell tube, and the banded standoff brackets from the overflow pipe, and relocate the cables to the new welded brackets. The expansion brackets and banding attachments damage the coating, leading to accelerated coating failures and corrosion, and make coating repairs behind the brackets impossible unless removed. Repair the damaged coating at the direction of the Engineer. See photos 21 through 23, 25 and 28. 3.9.8 Install a messenger pipe coaxial cable support system, similar to the existing pipe- supported cables and to that shown in KLM Drawing No. 44, in the basecone and pedestal. Remove the banding from the overflow pipe and relocate the cables to the new messenger pipe system. It may even be possible to utilize available space on the existing pipe system to co- locate the cables that are currently on the overflow pipe. Repair the damaged coating at the direction of the Engineer. See photos 27 through 29 and 31 through 34. 3.9.9 As noted in item 3.6.1, the antennas block the aviation warning obstruction light, the owner should consider requesting that the carriers /providers /antenna owners pay for its relocation. See photos 35 and 36. 14 3.9.10 The mounts for the omni antennas attached to the top of the drywell tube have been attached by either bolting or stud welding. KLM recommends these mounts be relocated from the top of the drywell tube to the handrail or antenna frame, if at all possible, to provide safer access and working space. Ingress to and egress from the drywell tube manway is limited due to the presence of these antennas in such close proximity, and they may in fact pose RF hazards to personnel on the roof in their present locations. See photos 35 and 36. 3.9.11 The 16 -foot diameter antenna frame (outside the perimeter of the roof handrail) is capacitor discharge (C.D.) stud welded to the roof. Seal weld these connections to ensure adequate strength and stability of the frame, and to prevent rust streaking and corrosion in areas inaccessible to paint (between the roof and the bases of the frame). See photos 35 through 37 and 40 through 43. 3.9.12 It appears that all of the cables on the roof have been attached with either plastic zip ties or electrical tape, rather than a more professional method. KLM generally prefers to see an angle adapter /beam clamp style attachment with snap -in hangers, Z- brackets, Unistruts, or other method for routing the cables on the roof. The City of Columbia Heights should consider requiring the antenna owners to modify their attachment methods. The temporary removal during reconditioning provides an ideal time to upgrade some of the installation techniques. See photos 35 through 37 and 40 through 42. 3.9.13 The mounting pipes for the omni antennas supported by the roof handrail have been bolted to the inside of the top rail and toeboard. This location, inside the handrail, may violate OSHA regulations regarding handrails /guardrails, which require a continuous top rail. Consideration should be given to relocating these antennas to the outside of the handrail. Additionally, KLM generally disapproves of bolting to handrails. However, as this installation has already been approved by the City, it can be permitted. During reconditioning, ensure that the bolt holes, nuts and bolts are properly painted to prevent corrosion. See photos 37 and 40. rt, 3.9.14 The radome - protected dish antenna on the pedestal appears to be supported by welded connections, but KLM was unable to inspect closely. It should be inspected during reconditioning to determine if any modifications are required. See photo 46. 3.9.15 Following the above modifications, and in conjunction with the tower reconditioning, KLM recommends all of the antennas, cables, and mounts be painted to match the tower. 3.9.16 Repair the rectangular doghouse nearest to the pedestrian door, as it has a dented cover and appears to be corroding through near its base. See photo 48. 15 4.0 INSPECTION AND EVALUATION METHODS Some or all of the following procedures were performed as applicable. 4.1 Methods 4.1.1 The tank was evaluated on the interior and exterior in conformance with the following: a. KLM Engineering, Inc. proposal. b. General guidelines of AWWA Manual M42 Appendix C "Inspecting and Repairing Steel Water Tanks, and Elevated Tanks for Water Storage." C. KLM "Procedures and Guidelines for Inspecting Existing Steel and Concrete Water Storage Tanks ". 4.1.2 The inspection of the base metal and coatings on interior and exterior surfaces included only areas accessible without scaffolding or special rigging. Where possible, the base metal and coating on the interior wet surfaces were examined from a Remote Operated Vehicle (ROV) with the tower in service. 4.1.3 Tank plate thickness was measured at random locations on the liquid holding shell. The overall structural condition of the tank was visually examined. 4.1.4 No structural analysis was done to determine if the tank design complies with the AWWA D100 -11 Standard for "Welded Carbon Steel Tanks for Water Storage." However, any observed non - conformance to the AWWA D100 -11 standard is noted in this report. 4.1.5 Although compliance with OSHA regulations was not a part of this inspection, any unsafe conditions or violations of current OSHA regulations that were observed are noted in this report. L 4.2 Examination and Evaluation Techniques Some or all of the following procedures were performed as applicable. 4.2.1 Site The tank site was evaluated for proper drainage, conditions affecting access and lead paint abatement during reconditioning. Also, the following site dimensions were obtained: distance to fence(s), power lines, owner buildings, public property, private property /buildings, school /playgrounds, public parks and other property. 4.2.2 Foundations The tank concrete foundation was visually examined for cracks, spalling, condition of grout, indications of distress /settlement, and elevation above grade. 4.2.3 Tank Plate Thickness Plate thickness measurements were taken using ultrasonic methods (UTM). The readings were taken using a digital readout Nova D -100 Ultrasonic Thickness Gage that has a dual element probe (transducer). The probe's transmitter element sends a short ultrasonic pulse to the material. The pulse, reflected as an echo from the opposite side of the plate, returns to the probe's receiver element. The round trip time is directly related to the material's thickness. 4.2.4 Coating Thickness Interior and exterior coatings, where accessible, were tested in accordance with Steel Structures Painting Council SSPC- PA2 -82 "Measurement of Dry Film Thickness with Magnetic Gages," using PosiTector- 6000 -F1 Type 2 magnet flux gages with a fixed probe. 4.2.5 Coating Adhesion Adhesion testing of the coating to the steel was performed by ASTM D3359: Shear Adhesion Test, Measuring Adhesion by Tape Test. In addition, a subjective coating adhesion evaluation was performed using a penknife. 4.2.6 Coating Cure The cure of the interior wet coating was evaluated by ASTM D 5402 -93 Standard Practice for Assessing the Solvent Resistance of Organic Coatings Using Solvent Rubs and /or with the manufacturer's recommended field method / industry standard procedures. 17 4.2.7 Coating Serviceability The estimated remaining coating life or serviceability evaluation was performed using a wide variety of inspection instruments such as dry film thickness gauge, pen knife, Tooke gauge, adhesion tester(s), 30x microscope and serviceability evaluation experience (minimum experience 10 years). The instrument inspection was combined with a close visual inspection of all the interior coating's accessible areas. This was done to detect any holidays (misses), skips, runs, sags, surface contaminants, overspray, dry spray, poor coating cohesion, inter -coat delamination, loss of adhesion to the substrate, adverse conditions of the steel underneath the coating, or any other defects affecting the intended service. 4.2.8 Coating Lead and Chromium Content Analysis Due to the coatings application date of 1996 and regulations in effect at that time limiting the use of lead or chromium based coatings, samples were not taken of the various types of coatings present on the interior and exterior surfaces for lead or chromium testing. 5.0 ENGINEER'S COST ESTIMATES The following cost estimate is based on a construction schedule of six (6) weeks and current pricing. It does not include the payment of prevailing wages, as most area contractors do not use union employees. This cost estimate does not include the costs for installing lettering and /or a logo, or multiple colors. An updated Engineer's Cost Estimate should be obtained within 12 months prior to bidding the project. Engineering specifications, construction management, and inspection fees have not been included in this estimate, but are available upon request. Option 1— Structural Modifications, Complete Interior Wet and Partial Interior Dry Coating Replacement and Exterior Spot Coating Repair and Overcoat 5.1 Interior Wet Structural Repairs $ 5.2 Interior Wet Coating Complete Replacement Type of Coating - Zinc/Epoxy System 5.3 Interior Dry Structural Repairs $ 5.4 Interior Dry Coating Spot Repair $ Type of Coating - Zinc /Epoxy System 5.5 Exterior Structural Repairs $ 5.6 Exterior Coating Spot Repair, Pressure Wash, Full Finish Coat $ Type of Coating - Epoxy /Acrylic System 5.7 Mobilization 5.8 Estimated Total Cost — Option 1 $ 18 Option 2 — Structural Modifications, Complete Interior Wet and Exterior Coating Replacement, Partial Interior Dry Coating Replacement 5.1 Interior Wet Structural Repairs $ 5.2 Interior Wet Coating Complete Replacement $ Type of Coating - Zinc/Epoxy System 5.3 Interior Dry Structural Repairs $ 5.4 Interior Dry Coating Spot Repair $ Type of Coating - Zinc/Epoxy System 5.5 Exterior Structural Repairs $ 5.6 Exterior Coating Complete Replacement * $ Type of Coating — Zinc /Epoxy /Urethane /Fluoropolymer System 5.7 Mobilization $ 5.8 Estimated Total Cost — Option 2 $ * Includes cost for containment. KLM ENGINEERING, INC. Report prepared and certified by: Y Jack R. Kollmer Principal Report certified by: Matt Erickson, PE CEO /Manager of Engineering MN PE License No. 42727 NACE Coatings Inspector No. 44806 December 8, 2014 EAKLM \Project Database \Columbia Heights, MN\250,000 Gallon Tower 1 \2014 ROV\NlN 2496 Columbia Heights Tower I.Docx APPENDIX PHOTOGRAPHS Photo No. 1 Overall view of Tower Number 1 Photo No. 2 Conditions on interior roof at junction with drywell tube Photo No. 3 Typical interior roof coating conditions Photo No. 4 Typical interior coating conditions - note failures on overflow pipe vortex breaker plate Video Capture No. 5 Overall interior roof coating conditions — note corrosion on seams Video Capture No. 6 Overall interior roof coating conditions — note corrosion on roof vent seams Video Capture No. 7 Typical coating conditions on upper knuckle Video Capture No. 8 Typical coating conditions on upper knuckle Video Capture No. 9 Typical coating conditions on upper knuckle — note minor failures Video Capture No. 10 Typical coating conditions on upper knuckle — note minor failures Video Capture No. 11 Typical coating failures on interior shell Video Capture No. 12 Typical coating failures on interior shell Video Capture No. 13 Typical coating failures on interior shell Video Capture No. 14 Typical coating failures on interior shell Video Capture No. 15 Typical coating failures on interior shell and bowl Video Capture No. 16 Typical coating failures on interior shell and bowl Video Capture No. 17 Coating failures with pitting Video Capture No. 18 Coating failures with pitting Video Capture No. 19 Sediment in bowl of tank Video Capture No. 20 Coating failures on drywell tube Photo No. 21 -_ Conditions at top of drywell tube Photo No. 22 Coating conditions in drywell tube — note damage at expansion bracket Photo No. 23 Conditions in drywell tube Photo No. 24 Coating conditions on bowl manway Photo No. 25 Coating conditions on bowl and top of pedestal Photo No. 26 Coating conditions on top platform — note cutout in platform for containment Photo No. 27 Typical support of antenna messenger pipe Photo No. 28 Overall conditions in pedestal Photo No. 29 Overall conditions in pedestal Photo No. 30 Containment cutout on bottom of intermediate platform Photo No. 31 Conditions on bottom platform /condensate ceiling Photo No. 32 Coating conditions on condensate ceiling Photo No. 33 Conditions on bottom of condensate ceiling Photo No. 34 Antenna cable penetrations in basecone I' l Photo No. 35 Overall conditions on roof Photo No. 36 Hold -open mechanism for roof manway cover Photo No. 37 Overall conditions on roof — note roof vent Photo No. 38 Severe corrosion on curb of roof vent Photo No. 39 Corroded lock on roof access manway Photo No. 40 Overall conditions of roof handrail and antenna installations Photo No. 41 Overall conditions of roof handrail and antenna installations -- "ql Photo No. 42 Stud welded antenna mounting plate — note evidence of corrosion beneath plate Photo No. 43 Stud welded and caulked antenna mounting plates Photo No. 44 Typical roof coating conditions — note evidence of corrosion beneath mounting plate Photo No. 45 Overall exterior coating conditions Photo No. 46 Exterior coating conditions — note radome- p rote cted antenna on pedestal Photo No. 47 Typical conditions at base of tower Photo No. 48 Overall conditions at base of tower APPENDIX C EXAMPLE OF ANTICIPATED LOGO COMPLEXITY RX COL-UMBIA �HEIGHTS� .t 0 • (n �.T.a ►' T '1 1 �� •I APPENDIX D SECURITY ALLOWANCE BACKGROUND & SCOPE v _T 4 7' m � l d o R o o V V c o v Y ro m M R10 W • �` r a.