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Imp. Proj. #420F- 9 3 mngi2;'�.ers :dead r�..+� "s''. e4�a s 3 ADDENDUK NO. 1 ICE ARENA REROOFING PROJECT NO, 420 FILE NO. 3483 NEW HOPE, HINNESOTA' November 18, 1986 OPENING IIS :-3:00 P.M., C.S.T. OPENING DATE: Friday, November 21, 1986 ADDENDUM NO. 1 The following addendum items shall be incorporated into the contract plans and specifications to altar, modify or clarify items shown thereon or specified. Enclosed is a copy cf revised drawing Sheet 3 of 4. The dimensions shown thereon shall be used in lieu of those shown on the original drawing attached to the specifications, The 30' dimensions shall he used for the following - 1. Bid VB 2. Bid ii -B 3. The built-up roofing in !!!A & !I!B BONESTROO, ROSES , DE I& & ASSOCIATES, INC. 2335 UEST TRUNK HIGHWAY 36 ST. PAUL, VINNESOT! 55113 _6 +- 5HINGLI v ►-1��C�PI-� INSLFI. - Yi Aldo- rt, j*L, J. —c-Ill-, Wa.PL—V- i='LdSN pr- INSuL,ATIot�. 1)'G r-15�F V-sch" _ }�ooF II -IG ��Y5T�M s>:LF�TED -� :'� VAPvt� bAFF-{E� SIaEE'f —f�,Th L RoUUtt cAl4M PAP it�ST��L AbpITlOjJflL __WU7P bi.C�k(tJ t1 R; IN a;AFy cT�ofJ� 1��1�)ooF SC�Tioi�G EONESTROO. ROSENE, ANDERLIK. AND ASSOC. ENGINEERS/ARCHITECTS ST. PAUL, MN SHEET 3 OF 4 RE -ROOFING OF THE CITY ICE ARENA CITY PROJECT NO. 420 FILE NO. 3488 NEW HOPE, MINNESOTA '•. "Eme-0wam. Index Advertisement for Bids Information to Bidders Proposal 01000. Special Provisions 02070. Selective Demolition 06100. Rough Carpentry 07220. Roof Insulation 07310. Shingles 07510. Built-up Bituminous Roofing 07530. A. Membrane Roofing - EPDM 07530. B. Membrane Roofing - Hypalon & Polymer Coated 07600. Flashing and Sheetmetal Figure No. 1 - Site Location Figure No. 2 - Roof Layout Figure No. 3 - Roofing Sections Figure No. 4 - Details Conditions of the Contract I hereby certify that this plan and specifica- tion was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the law-, of the State of Minneso,�Is. Bradfora'g. Lember Date: October 24, 1986 Reg. No. 6231 NH -0095e ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue North until 3:00 P.M., C.S.T., on Friday, November 21, 1986, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: RE -ROOFING OF THE CITY ICE ARENA - PROJECT NO. 420 Including selective demolition, installation of roof insulation and new roof membrane. Alternate bids will be received on single ply membrane roofing system and on asphalt built-up type roofing system. 0 Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope, Minnesota, and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers & Architects, 2335 W. Trunk Highway 36, St. Paul, Mn. 55113. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5%) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 30 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of thirty (30) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates Inc., upon payment of a deposit of $50.00, all of which will be refunded to all bona fide bidders, providing said plans and specifications are returned in good condition within fifteen (15) days after the date set for the opening of bids. A bona fide bidder is one who actually signs and submits a bid. No money will be refunded to any person who obtains plans and specifications and does not submit a bid to the Owner. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Dan Donahue, City Manager City of New Hope, Minnesota NH -0095e INFORMATION TO BIDDERS 1. BID PROCEDURE: Each Contractor has been furnished a specification, plan and two extra proposals. In submitting his bid, the Contractor shall bid on the separate Proposal designated "BID COPY" and not in the specification book. A sealed envelope shall contain the Proposal. 2. PLAN DEPOSIT: A. Prime Contractor; A Prime Contractor may obtain one set of plans and specifications for the deposit as stipulated in the Advertisement for Bids. All of the deposit shall be returned if the Prime Contractor submits a bona - fide bid and returns the plans and specifications in good condition within 15 days after the date set for opening of bids. A Prime Contractor is defined as a general contractor who submits a bona - fide bid or an electrical or mechanical subcontractor who provides a complete sub -bid to more than one general contractor. The general contractors receiv- ing a quotation must be named by the subcontractor with the return of the plans and specifications to be eligible for deposit return. A bid for equip- ment or material only is not considered a complete sub -bid. Prime contractors may obtain more than one set of plans and specifications if necessary, however, no refund will be given for these additional sets. B. Material Supplier: Any material supplier may obtain one set of plans and specifications for a deposit as stipulated in the Advertisement for Bids. One-half of this amount will be returned if the plans and specifications are returned in good condition within 15 days after the date set for the opening of bids. Successful low material suppliers who notify our receptionist within five (5) days after the bid opening may retain their plans and specifications and one-half of their deposit will be returned. Individual drawings and sections of the specifications may be purchased at the rate of rive Dollars ($5.00) per sheet of drawings and Twenty Five Cents ($0.25) per sheet of specifications for which no refund shall be made. C. Plan Deposit Refund: No deposit refund shall be made for plans and specifications returned less than forty-eight (48) hours prior to bid letting hour if the Contractor does not submit a bid. 89A 7/85 PROPOSAL FOR ICE ARENA REROOFING PROJECT NO. 420 FILE NO. 3488 NEW 80P8' MINNESOTA 1986 OPENING TIME: 3:00 P.M.. C.S.T. OPENING DATE: Friday, November 21 1986 Honorable City Council City of New Hope 4401 Xylou Avenue North New Hope, Minnesota 55428 The undersigned, being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied the plans and specifications for the work including Addenda 0ua. l and being familiar with all factors and other conditions affecting the and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accor- dance with the plans and specifications on file with your Clerk and Qnueatroo, Rmaeoe, &oderlik & Associates, Inc., 2335 W. Tzoub Highway 36^ St, Paul` Min- nesota 55113, as tolI=we; ALTERNATIVE I - Single Ply 8PDN Membrane Roofing I-& In the event the City wishes to re -roof the entire ice arena facility as specified, including selective demolition, installation of insula- tion and the installation of u complete single l 8P0M roof membrane and all related appurtenances I/we will totally system including all omteciula' equipment, labor and necessary appurte- nances for the LUMP SUM of: Ninety-four Thousand, One DOLLARS No CENTS LUMP SUM $ 94,140.00 Hundred Forty This bid is based on Firestone Building Products_Company as the membrane roofing. (Name & Manufacturer) � I -B In the event the City wishes to re -roof the specified tti of the roof, the total length of the arena building, and including the re- roofing of the elevator shaft, elevator equipment room roof and the main entry roof, including selective demolition, installation of insu- lation on said areas and the installation of a single l BP0M roof membrane and all related appurtenances I/we will totally furnish and install the system including all materials, equipment, labor and necesTwenty-seven Thousand, Four DOLLARS No CENTS LUMP SUM $ 27,417.00 Hundred Seventeen - sary I-C In the event the City wishes to include in I-& (full roofing) the spec- ified Rypalou color coating over the 8PDM membrane as specified, ADD the LUMP SUM of: �-------- Nineteen Thousand, Four DOLLARS No Hundred Four — P -I 878Ie I -D In the event the City wishes to include in I -B (central strip roofing) the specified Hypalon color coating as specified, ADD the LUMP SUM of: Six Thousand, Five Hundred DOLLARS No CENTS LUMP SUM ADD $ 6,588.00 Eighty-eight ALTERNATE 11 - Single Ply Hypalon or Polymer Coated Membrane Roofing II -A In the event the City wishes to re -roof the entire ice arena facility as specified, including selective demolition, installation of insula- tion and the installation of a complete single ply roof membrane, as noted below, and all related appurtenances, I/we will totally furnish and install the system including all materials, equipment, labor and necessary appurtenances for the LUMP SUM of: One Hundred Eighteen Thousand DOLLARS No CENTS LUMP SUM $1181382.00 Three Hundred Eighty-two This bid is based on J. P. Stevens Roofing System as the membrane roofing. (Name & Manufacturer) II -B In the event the City wishes to re -roof the specified center strip of the roof, the total length of the arena building, and including the re -roofing of the elevator shaft, elevator equipment room roof and the main entry roof, including selective demolition, installation of insulation on said areas and the installation of a single �ly roof membrane as noted below and all related appurtenances, I/we will totally furnish and install the system including all materials, equipment, labor and necessary appurtenances for the LUMP SUM of: Thirty-four Thousand, Four DOLLARS No CENTS LUMP SUM $ 34,473.00 Hundred Seventy-three This bid is based on J. P. Stevens Roofing System as the membrane roofing. (Name & Manufacturer) ALTERNATIVE III - Built-up Roofing System III -A In the event the City wishes to re -roof the entire ice arena facility as specified, including selective demolition, installation of insula- tion and the installation of a combination built-up roof system and shingles and all related appurtenances I/we will totally furnish and install the system including all materials, equipment, labor and nec- essary appurtenances for the LUMP SUM of: DOLLARS CENTS LUMP SUM $ III -B - In the event the City wishes to re -roof the specified center strip of the roof, the total length of the arena building, and including the re -roofing of the elevator shaft, elevator equipment room roof and the main entry roof, including selective demolition, installa- tion of insulation on said areas and the installation of a built-up roof system and all related appurtenances I/we will totally furnish and install the system including all materials, equipment, labor and necessary appurtenances for the LUMP SUM of: DOLLARS CENTS LUMP SUM $ P-2 078le ADDITIONAL ALTERNATIVE SYSTEMS BID WITH PRIOR APPROVAL Alternative Material Name Manufacturer 1. 2. 3. 4. 5. nv Mr%T_TTTAM Lump Sum Bid In the event that sections of the existing roofing, shingles and insulation must be removed due to moisture or failure problems, prior to installing the new system, we will remove necessary areas on a square foot basis, as speci- fied for the following cost per square foot: No DOLLARS Ninety-three CENTS - Per Sq.Ft. $0.93 Accompanying this bid is a bidder's bond, certified check or cash deposit in the amount of Four Thousand Seven Hundred Seven DOLLARS No CENTS($4,707.00) which is at least five percent (5%) of the amount of my/our bid made payable to the City of New Hope, Minnesota, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me/us. In submitting this bid it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 30 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as deter- mined by the Owner for a period not to exceed 30 days after the date set for the opening of bids. Respectfully submitted, (A Corporation) Universal Applicators, Inc. (An Individual) Name of Bidder (A Partnership) (Signed) By Peter J. Johnston Title President PETER J. JOHNSTON Printed Name of Signer Box 310 Address Forest Lake, MN 55025 City, State & Zip Code 612-464-1060 Telephone No. P-3 SECTION 01000. SPECIAL PROVISIONS SPECIAL PROVISIONS 01000. 1 , PROJECT DESCRIPTION: This provides for re -roofing all or part of the New Hope Ice Arena Facility, based on the final decision of the City Coun- cil. The original facility was constructed in 1974. In 1978 the elevator system and housing was constructed and the 3rd level of the administrative section was completed. The existing roof consists of approximately 11-2 inches of a combination polystyrene and fesco board -* - nsulation over a 2" solid wood deck and covered in the center by asphaltic roll roofing and on the sloping portions of the roof by fiberglass shingles. The re -roofing project will consist of selective removal of some areas of the existing roofing and insulation, installation of a new vapor barrier over the existing wood deck, the installation of new insulation and finally the in- stallation of new roofing. The roofing may be an EPDM or other approved single sheet membrane or a built- up asphalt roof and shingle combination as determined by the City Council. The project may involve the entire roof system or it may involve only the center strip of roof and certain other areas at this time. Here again the final decision will be made by the City Council. All prospective bidders are advised to carefully review the alternatives listed in these Special Provisions, the specifications and the included plans prior to submitting the bid. 01000.2. OUNER: The City of New Hope, Minnesota is designated as the Owner. 01000.3. COMPLETION DATE: The project shall be completed totally not later than February 27, 1987. 01000.4. LIQUIDATED DAMAGES: Liquidated damages, as specified in the Condi- tions of the Contract, shall be One Hundred Dollars ($100.00) per calendar day plus all extra engineering charges. 0 01000.5. SITE INSPECTION: All bidders are advised to carefully inspect the building roof to determine the condition of the existing roof, to their satis- faction, prior to submitting a bid. Appointments to inspect the roof shall be made by contacting the Arena Manager, Mr. Jim Corbett, at (612) 533-8442. 0 01000.6. PRE -CONSTRUCTION CONFERENCE: Approll-imately one week prior to start- ing the work, a conference will be held with the Contractor, arena representa- tives, City representatives and the Project Engineer. Materials, equipment, methods of construction and scheduling will be reviewed. Also at that time the need to provide clear access to the facility will be discussed and re- viewed by the appropriate persons. 01000-1 NH -0095e 01000, i. CLE_ NUF on completion of the project, all mnerials and debris shall be cilifillf''picke& Lip and properlyG_ ro'sed of by the contractor. 0100V8, SHOP DRAWING SUBMITTALS: Prior to placing final orders for all ma- terials, C}lcv COnt'racctto= sbal.l SLb:!.__t samples of all materials, pertinent test data and and v data :� copies C- ..Ct.ii<.xin2s o'er:'="_ ''_..;��+ •_'?,- _ ^,ccs _,''-'thee" for review, J 01000..9 EXPLANATION O BID PROPOSAL FORM l,.D_ Two '421 copies of the bid proposal form .,_t.l be fu_nish c_, eac_? contractor. The formal bid shall be submitted on the form marked BID COPY". The se^__.0 for__ is for the con- venience of the contractor for files. NO $ S S_ --_!.is BE -.,b__ '4 ( D Vt'": -.m.._""'_____m._.__.....,__........_.........�_..._ SPECIFICATION hGO_ti COPY, ...,.�..�.m.�....._.._e.._-..-.,,._,.�...:_ iu _10, PROTECTION it D_C _ :O_ms' The contractor shall be totally responsible for any damage to adjacent property facilities that was caused by the contractor's operations, 01000.11_ ADDITIONAL ALTERNATES! The contractor mai request approval to bid additional alternates. in addition to those sh^C:-n on, the -proposal and de- scribed below, so desiredo £materials, etc. A ( alte der ma _�_G o_ o� ter_ a;1 s substitutions require -- prior approval by the Project- `-c--err az _eaS'r seven (%) days prior to bid date. items submitted later __.cin the aZvi{e will not be considered. 01000.12. TS AND S The contractor cto'r sna 1_ D_ck up a l _ permits. The City will apply ffor the *l_ t ding per 7a_ -,7e the building permit fee. The contactor shall pay the state surcharge, 01000,13. INCLEMENTWEATHER PROTECTION: The contractor shall be particularly dilige� t in protecting all materials in? construction from damage dile to cold or inclement wea :he_ and shall replace place _.: his own expense any portions of the building or items so damaged, 01000,14, PAYMENT: Payments for construction of the project will be made on a monthly basis to the Contractor base'on monthly estimates which shall be submitted to Bonestroo, h0'sene, Anders k & Associates "nc_ for review and recommendation to the City for payment, Payment will be by cask or check., 01000,15, SAFETY REQUIREMENTS ; The contractor is responsible for strict ad— herence or compliance with all local, `'mate and Federal safety requirements. 01000. 16 , CONSTRUCTION, INSPECTION: A l ! work on the project is to be inspec- ted by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 -'est Trunk Highway 36, St, haul, Minnesota 55113. All correspondence, shon Arnwin-cs, etc,_ on the project shall be directed to this address. project Engineer for this project shall be 'Mr.. James MalYand: unless otherwise notified. phone number is 6364600, area Code 612. 01n00 --L NH -0095e 01000.17. BID DESCRIPTIONS: As noted Dreviously, this project is zi-o be -bid Li. t i I i z i n c, til_ e , e systems and under each roofing system as either entire roof or partial roof. Contractors may bid any or all of the three material alternatives. However, - contract__ bidding an a particular alternative must bid all parts of that al- ternative to have a qualified bid and in addition must bid a demolition unit price. Following are descriptions of each alternative and the various parts of each: Alternative 1 - Single Fly EPDM Membrane Roofing VA. This bid provides for a lump sum price for the following: 1. installation of vapor harrier on all areas, 2, installation of new insulation over all areas, 3. installation of single -ply EP511 memorane roo_'Ei7n"_g ar-"L-� ann'd including all necessary blocking and flashing, i-3, This bid provides for a lump sum price for the following-, 1. installation A vapor harrier on the areas to be covered with new roof ing 2, installation of necessary blocking., 3. installation of new insulation on the included areas. 4. installation of a single ply EPDM membrane roofing or. these areas and including necessary flashing and blocking,, 1-C. This bid provides for a lump sum price to coat the entire roof system installed under L-A with a 2 coat Hypalon color coating. VD, This bid provides for a lump sum price to coat the partial roofing sys- tem installed under 1-B with a 2 coat Hypalon color coating. ALTERNATIVE !I - Single Ply Hypalon or Folgrar Coated Membrane Roofing System IYA This bid provides for a lump sum price for the following: 1. installation of a vapor barrier on all areas, 2. installation of new insulation over all areas, 3r installation of an approved sirigle-ply Pol-- e o ''Lae coa d membrane roofing on all areas and including necessary blocking and flashing, il-B This bid provides for a junp sum price for the following: 1_ installation of a vapor barrier on all areas to be covered with new roof ing, 2. installation of necessary blocking, 3, installation of new insulation in inclu&ad areas, 4. installation of approved single pQ Hypalon or Polymer coated ..__a.._ roofing and iucluied necesswrY flashing an& b0c"W M�MENMW= ALTERNATTWE jTT I'11 -_i This bid provides tFor a lump sumi Price fo-r the follfm�jring in the event Liffe City Counc-", Tlsbes to iiinst — -' .1 1 L c o mub -i n a _ t ` on u p r o o f s y s Lein a -Lid shing', es raither than the sing -le :)--'-1,7 s,.7si--em of t e na t 7, e or 0 1` a L a 1- e S T ns L � a I � a o c, 7 a, o L L I a t on o ` a n a s 1h a L L n s a b u, L L L o, sy s tem. as o v e c e sp e c i- e e S 1 D _h, end -d h e n. _4 f oo meas ea s anew es "Dn " sl - __ea s t � i e I .oDeC 1%1-L This bid 1L i c e "or she_ollc-`, na_`:Zai re-- b e -0 o o f n f,� u r- I z i n g u i L C - u i) -L- o o,f s v s t a m, -f e a a s n y mein._ S D r -, I n e r o o L -I = -1 D` v, a -po - b --e- O't,7Cr_ E 1 1 a -emu 0 1,) e i n C e 2, iris tall at ion Or rec ri dock=ng and insulation on all included 8 r e 7D t -,-De _?cvEinicr Sys*r-e—m as spec-ified over all included- - -f- =- a, s S ei e Cf v e D e-, o I i ' i _ - I n �� C 3:1,_ _ -C- - j 1. C Z' �.I d c_ Shal" T)rov`dle a "Per square foot" price for remo,.,al an dilis-posal of n_acessary eN7-_stlng roci-l-no, 4 — shin.ales and n Suletion f-_romn areas aeernei to be duc_- to mo-ist-ure problems or other causes, This shafi be reau-ired on aniv syste-n-l. of roo-flrig that is b4d. E__'I'-iD 0-7 SECTION r L-1 I I -I J C) 0 — '. SECTION 02070. SELECTIVE DEMOLITION 02070.1. GENERAL: 02070.1.1. DESCRIPTION: The project is being bid in three (3) basic parts - Alternative I, Alternative II and Alternative H. Under each alternative, there are two (2) basic concepts - the first being the re -roofing of the en- tire facility (I -A, II -A and III -A) and the second being the re -roofing of the center portion of the facility roof (I -B, TI -B and III -B). The demolition under all alternatives shall include the following: 1. The removal of necessary existing roofing on a selective basis. 2. The removal of necessary existing insulation on a selective basis. 3. The removal of existing flashing, fascia and gravel stop as necessary to provide the required final product. 02070.1.2. RELATED WORK SPECIFIED ELSEWHERE: 1. Rough Carpentry Section 06100 ?. Roof Insulation Section 07220 3. Built-up Bituminous Roofing Section 07510 4. Membrane Roofing Section 07530A & B 5. Flashing and Sheetmental Section 07600 02070.2. PRODUCTS None. 02070.3. EXECUTION 02070.3.1. DEMOLITION: All -removal shall be carefully accomplished by quali- fied personnel to avoid damage to all areas and items to be retained. Care shall be taken to avoid injury or disruption to persons attending or visiting arena functions during the demolition period. 02070.3.2. DEMOLITION MATERIALS DISPOSAL: The contractor shall be totally responsible for the collection and disposal of all materials removed from the roofs. These materials shall be disposed of off-site at an appropriate dump- ing site. Great care must be taken to avoid spreading of nails or other detrimental de- bris on the parking lot areas. The contractor shall be responsible for any damage to property, persons or vehicles in the area caused by their actions. 02070.3.3. BASIS OF PAYMENT: All removal of necessary flashing and fascia shall be considered incidental to the project. Selective removal of existing roofing and insulation shall be paid for by the unit price bid per square foot and shall include roofing, insulation and disposal of removed materials. END OF SECTION 02070-1 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e SECTION 06100. ROUGH CARPENTRY 06100.L GENERAL: 06100.1. DESCRIPTION: Provide all labor, materials, equipment and services and perform all operations required for complete installation of all carpentry and.related work as shown on the drawings or specified herein. Related work elsewhere: 1. Roof insulation Section 07220 2. Built-up Bituminous Roofing Section 07510 3. Membrane Roofing Section 07530A & B 4. Flashing & Sheetmetal Section 07600 06100,1.2. QUALITY ASSURANCE: Material shall conform to the following applicable requirements: "Standard Grading Rules No, 16 for West Coat Lumber", dated September 1, 19705 by the Western Wood Products Association, Portland, Oregon(UM "1970 Standard Grading Rules for Western Lumber", dated September 1, 1970, by the Western Wood Products Association, Portland, Oregon. (TV'S West Coast Lumber Association Rule Book No. 16 for all West Coast species of structural Joists and Planks. (WCLA) U.S. Product Standard PS 20-7V American Institute of Timber Construction Standards, (&E C) 061001.3. PRODUCT HANDLING: Store lumber so it is properly ventilated; held straight; well -drained; protected from the elements; supported at points not over 4 feet apart with bottoms of piles at least 1-112" above basic support, i.e., ground, concrete, etc. 06100.2. PRODUCTS: 06100.2.1. MATERIALS: Lumber: Lumber for miscellaneous cants and blocking construction shall be surfaced four sides unless otherwise required and identified by official grade -mark. MDaterials for roof blocking shall be wol-i.nanized perservative treated. Lumber shall be kiln dried to an average moisture content of 15% and a maximum of 19% unless otherwise specified: Rough Hardware: Anchors, connectors; and fastenings not indicated or speci- fied otherwise shall be of the type and sizes necessary to suit the conditions 06100-1 Copyright 1986 Bonestroo, Rosene, Anderlik, & Associates, inc� NH -0095e encountered. Sizes, types and spacing of nails, screws, or bolts for instal- lation of manufactured building materials shall be as recummended by the pro- duce manufacturer unless indicated or specified otherwise. Rough hardware ex- posed to the weather shall be zinc -coated. bolts, nuts, washers, hangers and straps, and all other rough hardware embedded in or in contact with, exterio-r walls of concrete or masonry, shall be zinc -coated, an_: shall 'be formed and punched before coating. All nails shall be galvanized. All concrete anchors shall he the drill -in type, Phillips Red Head, or equal - Wood Preservative: Preservative treatment for lumber shall be non-staininR, to metals, paintable Wolman Salt Pressure Treat- ment by, p "K `., conormo fing tFederal Specifications TT -w-550, TT -W-535 i oppp e - -c s oC and TT -W-571, Treatment shall conform to Standard LP -2 of the American Wood Preservers Asso- ciation. Provide sufficient quantity of a concentrated solution of the preservative at the project site for use in coating all field cuts in the treated lumber. 06100.3. EXECUTION: 06100.3, 1, INSTALLATION: Work shall be performed in conforananice with good trade practices, applicable recommendations of the manufacturer, building codes, and these specifications. Use appropriate nails or glue for the materials to be installed, 06100.3.2. ACCESSORIES: Concrete Anchors: Where necessary to anchor metal or wood items to concrete, either Phillips "Red Head" or equal drill -in type anchor with positive expan- sion cone or Ramset or equal power driven fasteners shall be used. The size and type to be used shalf be as required for the Job to be accomplished and shall be subject to approval by the Engineer. -Concrete Block.Anchors: Where necessary to anchor metal or wood items to con- crete block, use 1/14 diameter toggle bolts, Star, or equal. Plastic plugs or Raw! plugs may be used to anchor light items not subject to any load. Lead shield shall not be used, 06100. 3 3, YORKMANSHIP: install plumb, Level, true and square as required, Shim and block where required, 06100-2 Copyright 106 BonesMo, RoEnne, EadErli', & Associptas, Tnc- HH-00%e Anchor all work in a substantial, accurate, neat manner and as required to in- sure permanent installation holding to required dimensions. Provide preservative treatment for all lumber next to masonry, concrete, steel and other metals, for coping blocking, roof edges blocking and nailers, wood cleats, wood cant strips and curbs, nailers for flashings and roof expansion joints. Apply coating according to manufacturer's direction. END OF SECTION 06100-3 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e SECTION 07220. ROOF INSULATION 07220.1— GENERAL: 07220.1.1. DESCRIPTION: Roof insulation and vapor barrier shall be installed for all alternative roof systems and for both concepts Within these alterna- tives. 07220.1.2. RELATED WORK SPECIFIED ELSEWHERE: 1. Rough Carpentry Section 06100 2. Built-up Bituminous Roofing Section 07510 3. Membrane Roofing Section 07530A & B 07220°1.3, SUBMITTALS: Submit samples and complete manufacturer's data on insulation to be installed. 07220.1a4� PRODUCT HANDLING: Store all materials to avoid damage or moisture absorption. 07220.2. PRODUCTS: 07220.2,1, MATERIALS Roof Tnsulation See Section 07510 and Section 07530A Q& B 07220.3 EXECUTION: 07220.3.1. INSTALLATION: Install as specified in Section 07530A & B - Mem- brane Roofing and 07510 - Bituminous Built-up Roofing. Take necessary precautions to avoid damoge to insulation board. END OF SECTION 07220-1 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e SECTIO1 07310 SHINGLES 07310~ GE NE R L'� - T 073110 11- DES CR1?T_ I'O'N U -L i d e --r H1 t a a, t i v e - c� �iTTT--L a corrabi-ciation of built-upL 0')f. is to be _-:sea over additional -D sull a', c) Di on the center portion of the a-L-e-oaro,of- r alio.. _'_ c,-Lhe--.-- -_rooi areas, _he elevato-i- and entrV roofs, an,! a'7di"i",ona-l" -ins--ilaticr, 07220 and new s".-ingles are to 'be installed on the sloping portions of the �-_Lena Loot',0 07310 _2, RELATED SPECIFIED ELSEW!-HER7: "'7310 � 3 . - 0 SUB' -ITTALS S 1141 n i2 1 a aa -i p, 'i e s0 v_ - ""'a 11 E 1 71 s o h sh.' Ln a, I e pro,,aosed to -")a used on the sh� !:Y_ s - bn._ _ta6i to the En - ineer J A-rch tact for C 0 1 0 11 .Gr r -1e - and 'L to c� e i a r- t -, ci,!7t c) f ('11 e shingles 073104, PRODUCT HANDLT'70: Delivery of ',latez-, i"als D e 1 --"v e r p=oduc t s in or lo- ina 1 , unopened p a ckag ing With legible manufacturers identification. S t- o r a a a or Ma t erials Ori�:nai Packaging and Proper Product Identification- Store mate- rials -n ori L L sealed contai T ers or unopened packages .'Nia t e - r als shall be clearly labeled c.ith -manufacturer's brand name an id a n t i f _ng reference. nui-ii1bers as approDriat-e. 2 � Miethod of Stora -e: Store materials in a neat, safe manner so as 0 not to e-xcee:j allowable live load of storage area. 0 3L Storage of ins: -- lat-io-n- lnsul-tlon she"!! be protectect and kept cou-plet-ely dry while in ;lob -site storage, If insulation is stored outdoors, it slhall 'be scathed ran pallets at least four inches above ground and shal 11 be cover wi* tn a tarpaulin or other simi- 4� - L lar opaque w7aterproo_: covet_-ing, 07310 i Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc, NH -0095e St e - i a, I P --r- 0 v - is i o -f -i S -_Q e ct -2* - is -n 01000 Dei_-iolii. ion Sectio -P, 02070 Rough Carpenny - Sect -i o -n 06-1 -00 R00= 1'i s u -1 a t o r, Section 07220 E. Built --up Bituminous R00f 11g Section 07510 F. F 1 & S b 1- T*i g and Sheetmeta-, Sec o -n 07600 "'7310 � 3 . - 0 SUB' -ITTALS S 1141 n i2 1 a aa -i p, 'i e s0 v_ - ""'a 11 E 1 71 s o h sh.' Ln a, I e pro,,aosed to -")a used on the sh� !:Y_ s - bn._ _ta6i to the En - ineer J A-rch tact for C 0 1 0 11 .Gr r -1e - and 'L to c� e i a r- t -, ci,!7t c) f ('11 e shingles 073104, PRODUCT HANDLT'70: Delivery of ',latez-, i"als D e 1 --"v e r p=oduc t s in or lo- ina 1 , unopened p a ckag ing With legible manufacturers identification. S t- o r a a a or Ma t erials Ori�:nai Packaging and Proper Product Identification- Store mate- rials -n ori L L sealed contai T ers or unopened packages .'Nia t e - r als shall be clearly labeled c.ith -manufacturer's brand name an id a n t i f _ng reference. nui-ii1bers as approDriat-e. 2 � Miethod of Stora -e: Store materials in a neat, safe manner so as 0 not to e-xcee:j allowable live load of storage area. 0 3L Storage of ins: -- lat-io-n- lnsul-tlon she"!! be protectect and kept cou-plet-ely dry while in ;lob -site storage, If insulation is stored outdoors, it slhall 'be scathed ran pallets at least four inches above ground and shal 11 be cover wi* tn a tarpaulin or other simi- 4� - L lar opaque w7aterproo_: covet_-ing, 07310 i Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc, NH -0095e Handling Materials: Protection of Materials: Materials shall not be exposed to coal tar, oil base or plastic roof cements, petroleum, grease, plasticising oils, solvents, concentrated acids or alkali, Damaged Materials: All materials damaged in handling and/or storage shall not be used and shalf-be removed immediately from the site. Replacement shall be the responsibility of the contractor, 07310.1.5. JOB CONDITIONS: Environmental Requirements: inclement weatlher- No work shall be performed during rainy or inclement weather, Protection Required Completion of Work at End of Work Day- Underlayment, flashing and insulatimi shall be fully adhered and sealed in a water --tight manner on same day they are installed, Temporary Water Cut -Offs: At end of each working day, incomplete installation shall be sealed along edges to prevent water from entering roof system or in- sulation, 07310.1.6. WARRANTY: Shingles shall have 20 year limited warranty against manufacturing defects g 07310.2. PRODUCTS. 07310.2.1. insulation: Shall be Koppers RX hail Base or approved equal insu- lation, nominal tt'l-c7k-n-ess 4" to provide an adlitianal W value of 30.6. In- sulation shall be rigid thermoset phenolic foam bonded to 3/8" waferboard. Fasteners shall be coated screws of sufficient length to firmly set into ex- isting wood roof deck, insulation shall include a bonded on aluminum foil backing., 07310.2.2. UNDERLAYMENT: Underlayment shall be manufactured by the same com- pany as the shingles and shall be compatible with the shingles selected. Underlayment shall be sealed down with asphaltic plastic cement (ASTM D2822 Type 1). 07310,2<3. FLASHING: Flashing shall be as recommended by the roofing manu- facturer. 07310,EC SHINGLES: Shingles shall be Certainteed Sealdon 20 or approved equal. Color shall be selected from full range of manufacturers colors. Shingles shall be organic felt composition conforming with; !STM D225 Type 1 ASTM EiO8 Class C fire resistance ASTM D3161 wind resistance 20 Year limited warranty Self-sealing adhesive strips 07310-2 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e 07310.3. EXECUTION: 07310.3.1. PREPARATION Inspection of Substrate: Provide adequate surfaces to receive insulation, roofing and flashing. Prior to onset of work, inspect entire area to be roofed. Defects and improper conditions affecting the roof installation shall be corrected before proceeding with roofing work. Preparation of Substrate.: Substrate shall be clean, and free of debris, for- eign materials, oil, grease or any other deleterious material. The area shall be carefully checked for moisture laden existing insulation. Any wet existing insulation shall be cut out on a "square foot" basis and replaced with suit- able dry insulation to bring the area up to the existing elevation. 07310.3.2. INSTALLATION: Installation of insulation: Place specified insulation over existing shingled 0 areas as recommended by manufacturer. Insulation shall be carefully fastened to existing wood deck by use of properly coated screws of such length to in- sure positive fastening to withstand all loads and wind uplift. Fitting Insulation: Roof insulation shall be neatly fitted to all roof pene- trations, projections and nailers with no gaps greater than 1/4 inch. Tapered or feathered roof insulation shall be installed in such a way as to provide proper slope for run-off. Limitations on Amount of Insulation Being Installed: No more roof insulation shall be placed than can be covered with shingles before end of work day or before onset of inclement weather. Underlayment Installation: Provide a double layer of CertainTeed Shingle Underlayment or its equivalent by applying a 19" wide strip along the eaves and overhanging the drip edge 1/4" to 1/2". over this starter apply a full 36" wide sheet. Continue with 36" wide sheets, lapping each 19" over the pre- ceding course. Secure with sufficient fasteners to hold in place until shingles are applied. End laps should be 12" wide and offset at least 6 feet from course to course. Wherever there is a possibility of icing along the eaves causing a backup of water, cement underlayment courses to one another with asphalt plastic cement (ASTM 2822 Type 1) from eave to 24" beyond the in- terior wall line. Proper flashing shall be installed at intersecting vertical walls of the ele- vator shaft according to manufacturers instructions. -Shingle Installation: Install all shingles per manufacturer's instructions using properly sized galvanized shingle nails. END OF SECTION 07310-3 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e SECTION 07510, BUILT-UP BITUMINOUS ROOFING 07510, GENERAL 07510, 1 , DESCRIPTIONi Under Alternative Bid !!!-A and ili-B. a combination of built-up roof is to be installed mer additional insulation on the center portion of the arena roof and the other roof areas, including the elevator and entry roofs. Under !!!-A, this in combination with a shingle system to be in-- stalled on the sloped portions of the roof, 07510.2. RELATED WORX SPECIFIED TLSEW'HERE: A. Special Provisions Section 01000 B. Selective Demolition Section 02070 C. Rough Carpentry Section 06100 D. Roof insulation Section 07220 E. Shingles Section 07310 F. Flashing and Sheet Metal Section 07600 07510.3. REFERENCES' A. kmerk2n Society for Testing and Materials CASTHE 1. D312 Specification for Asphalt Used in Roofing, 2, D1227 Emulsified Asphalt Used as a Protective Coating for Roofing. 3. D2178 Specification for Asphalt Glass Felt Used in Roofing and Waterproofing, 4. 82822 Specification for Asphalt Roof Cemenc, B. Federal Specifications (FS): 1. HR-1-1972/GEN insulation Board, Thermal, Polyurethane or Poly" isocyanurate Faced with Asphalt/Organic Felt, Asphalt/Asbestos Felt or Asphalt/Glass Fiber Felt on both sides of the Foam, V SS -A- 701B Asphalt, Petroleum (Primer, Roofing and Weatherproofing). Y' SS -C-1530 Cement, Bituminous, Plastic. C. Built-up Roofing Systems Manufacturers Application Recommendations and Specifications, 07510.1, 4. SYSTEM DESCRIPTIONt ABuilt-up Roofing System: Four ply asphalt applied membrane system with insulation and smooth surfaca finish placed over existing roof system and new insulation. 07510.1.5e SUBMITTALS A. Submit product data for membrane and base flashing materials. 07510-1 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e B. Submit manufacturer's installation instructions, 07510.1.6. QUALITY ASSURANCE A . Applicator: Company certified by manufacturer of boilt-up roofing ap- proved to install built-up roofing products,, 075M!.70 DELIVERY. STORAGE AND HANDLING: A . Deliver products to job site at appropriate time &; protect against vandalism and environmental damage. B. Store materials in weather protected environment, clear of ground and moisture in accordance with manufacturer's instructions, 07510.1.8. PROjECT CONDITIONS! A. New insulation and new roofing to be installed over existing roofing. B. Remove wet or damaged existing roofing or insulation and replace to proper elevanion with new insulation, C. Do not apply roofing membrane during inclement weather. D. Do not apply roofing membrane to damp or frozen deck surfaces, E. Do not apply more membrane than can be weatharproafed during same day. F. Do not apply roofing materials unless proper asphalt application temp- eratures (EVT or approximately 3750E -4250F) can be maintained, Do not modify asphalt by prolonged overheating. Do not heat asphalt above flash point, 07510. 1, 9. WARRANTY, Provide 10 year, materials and labor, manufacturer issued, guaranty of die project starting with date of project acceptance by owner. 07510.2. PRODUCTS 07510.2.1. MANUFACTURERS: The products of GAF, Owens-Corning, Evans and Man- ville are acceptable, 07510.2.2. MATERIALS: A. Roofing Membranes: 1, Fiberglass Base Sheet: ASTM D-2173, Type V, Permaglas Combination base for nailabie wood decks, 2. Fiberglass Ply sheet: ASTM D-2178, Type !V, ultra -ply. 07510-2 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e B. Bituminous Materials: 1. Asphalt Primer: ; ASTM D-41-73, Permaglas Permaprime No. 302. 2. Asphalt Bitumen: Complying with ASTM D312.. Type 1V for 2 to 6 inches/foot, 3. Asphalt Plastic Cement: ';ST-`` D-28222, SS -C-153 Perma.glas Perri -.o - plastic No. 220. C. insulation: Koppers RX Nail Base insulation, 4" thickness w/'R' value 30.6 including 3/8" banded waferboard or approved equal, D. Flashing: 1. Permaglas Flex CaP/or bituminous materials compatible with other materials used. E. Cants; 1. Cant and Tapered Edge Strips: Asphalt impregnated wood fiberboard preformed to configuration detailed, Ni, Surfacing: 1. Asphalt Emulsion: ASTH D-1227, Type Q Permiaglas Pernaastiield Plus No. 101, fibrated asphalt emulsion, 07510.2.3. ACCESSORIES: 1. Roofing Mails: Galvanized or non-ferrous type, 07510.3. EXECUTION: 07510.3.1. EXAMINATION: A. Verify deck surface is dry, sound, clean and smooth, free of depres- sions, waves, or projections, properly sloped to drains. B. Approval of the deck is confined to the surface only. 07510.3.2. INSULATION APPLICATION: AMechanically attach insulation to wood decks following manufacturer's specifications. B. Decks with slopes ot- 22 inches pee -r fo,,at or greater must have treated wood insulation stops, C. Lay insulation boards with tightly 1C. -fitted,, staggered joints. Place second layer of insulation wit'n joints staggered from first layer. Cut insulation to fit around protrusions through roof, 07510-3 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e D. No more insulation should be installed than can be properly covered at the end of each day, 07510,3.3. MEMBRANE APPLICATION: A. install membrane materials in accordance with manufacturer's specifi- cations as described in the manuiacturer's Recommendations and Speci- fications. peci- fications. B Over nailable decks nail first ply, over non-nailable decks or poly- urethane insulations, spot mop first ply following Permaglas specifi- cations, C. Embed each ply sheet in solid nominal uniform rate of hot bitumen of 25 lb/square in accordance with slope requirements, D, Apply felts smoothly, free of air packets, wrinkles, fishmouths, lap joints, or tears, E. Extend felts up cants to vertical surfaces, 07510.3.4. FLASHINGS; A. install MshingS according to specifications in manufacturer's Appli- cation Recommendations and Specifications, B. When required install one pressure relief vent per 900 sq.ft> or part thereof, of roof surface, G. Mop in and seai flashings and flanges of items protruding through mem- brane. Flashings must be installed on top of roofing membrane. 07510.3.5. SURFACING: A. Apply [asphalt emulsion] at the rate of 2 gal/square. 07510.3.6. FIELD OUALITY CONTROL: & The manufacturing technical representative shall inspect prior to, during, and completed application on guaranty projects. 07510.3.7. CLEANING: A. Remove trash, debris, repair damage and remove stains from walls, walkways and driveways caused by work of this Section, 07510.3.0. PROTECTION: A. Protect finished roof areas from damage during construction. END OF SECTION 07510-4 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e SECTION 07530.A. MEMBRANE ROOFING 07530 .1. GENERAL: 07530.1z1. DESCR-TH-TiON The project consists of the installation of a vapor barrier, new insulation and an EPDM single -ply membrane roofing system on the areas as specified and selected by the City Council per these specifications. This may be e4.cher concept T -A or I -B. The roofing system shall be a fully adhered, 0.045 inch thick Carlisle Sure - Seal A.A.T. 432 EPD me-,,-Ibrane roofing system. The system shall be -furnished and instal -led strictly in accordance with the manufacturer's drawings and spe- cific requirements. Other systems may be approved if submitted for review and approval at least seven (7) days prior to date of bidding. 07530.1.2. RELATED WORK SPECIFIED ELSEWHERE: 1. Rough Carpeltry Section 06100 Z_ Roof Insulation Section 07220 3, Flashing and Sheetmetal Section 07600 07530,1.3, 0 13 A '1' 1 TY A S S U RAN, CE: A This roof-ino- system must be installed by a roofing contractor author- ized by Carlisle Syn Tec Systems or other approved manufacturer. B. Upon completion of the installation, an inspection shall be conducted '-,Iv a. Technical Representative of the manufacturer to ascertain that the roofing system has been installed accordinc, to the manufacturer's most current published specifications and details. C. There shall be no deviations made from this specification or the ap- proved shop drawings without the PRIOR WRITTEN approval of the manu- facturer. 07530.1.4. SUBMITTALS: A. Shop drawings must be submitted to the manufacturer and the project engineer for approval. B. kpproved shop drawings are required for final inspection of the roof. 1. Shop drawings shall be approved and assigned a number by the manu- facturer. 2. Shop drawings shall include: 07530,A-1 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc, NH -0095e a, Outline of roof and size. K Location and type of all penetrations. c. Perimeter and penetration details. d. Number of membrane sheets and their respective sizes. e. Number of flashing rolls by width. f> Insulation manufacturer, brand and thickness. g. Fastener manufacturer, brand and length. K Warranty type and period. i. Completely executed Notice of Award. C. When project conditions require, Authorized Applicators are to supply the manufacturer with an As -Built shop drawing. To be approved for inspection, As -Built drawings must: 1* Conform to manufacturer's current specifications and details. 2. Provide all information necessary for review as outlined above in Paragraph B.2. 3. Be approved and numbered by the manufacturers. 07530.1.5o PRODUCT DELIVERY, STORAGE AND HANDLING: A. Deliver materials in original, unopened containers, B Containers are to be labeled with the manufacturer's name, brand name, installation instructions and identification of various items. C. All materials, except membrane, must be stored between 60 degrees F and 80 degrees F. if exposed to lower temperature, restore materials to 60 degrees F minimum temperature before using. D. All materials, except membrane, must be stored in a dry area and pro- tected from water and direct sunlight. Damaged materials shall be re- placed at Roofing Contractor's expense. 07530.1.6. JOB CONDITIONS - CAUTIONS AND WARNINGS: A. Do not use bitumen base roof cement. B. Do not install EPDM membrane direction onto low melting point asphalt (ASTM -D312, Type I! & !I), C. Do not use EPDM Elastoform Flashing for tie-in to an existing roof, D. Do not allow waste products (petroleum, grease, oil, solvents, vegeta- ble or mineral oil, animal fats, etc.) or direct steam venting to come in contact ,,,ith the Roofing System. Any exposures not typical for normal roofing installations must be presented to the manufacturer for assessment of any impact on the performance of the roofing system. 07530.A-2 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e Eo Do not install EPS or the EPS surface of EPS/Composite Roof insulation directly onto coat -tar roof surfaces F. Do not install HP Recovery Board directly over a metal deck. Go Do not expose membrane and accessories to a constant temperature in excess of 180 degrees F.- H. Do not adhere directly to a thermal barrier, 1. Cements and bonding adhesives contain iDetrolel-in distillates and are extremely flammable. Do not breathe vapors or use near fire. Care must also be exercised to ensure that open containers are not placed near fresh air intake ventilators on the roof, Consult container labels and material safety data sheets for specific information. J. Splice cleaner used in the splicing procedure is extremely flammable; do not use near fire, flame or in a confined or unventilated area. Dispense only from a U.L. listed or approved safety can, K. Splicing and banding surfaces shall be dry and clean. L. Cold temperatures will not restrict the installation of t-iihs roofing system. Follow specified precautions for storage of materials and ex- pose only enough cement and adhesive to be used within a 4 hour period. M. Roof surface shall be free of ponded water, ice or snow so that future condensation problems are not promoted, N. During installation, care should be exercised to ensure that the de- sign load limitations of the existing roof deck are not exceeded. 0. Rubber gloves (available from the membrane manufacturer) are required for hand protection when splice cleaner is being used. Pe Glasses, goggles or a face shield are recommended for eye protection. Q. Items which are useful as the occasion warrants include skin creams or emolients, rubber boots and freshly laundered long sleeve shirts or protective clothing. 07530.1.7. WARRANTY: Roofing System Guarantee: Roofing system shall be warranted by the roofing system manufacturer through a 10 year warranty commencing on date roofing sys- tem is inspected and accepted by manufacturer, Warranty shall cover costs for all labor and materials to repair all leaks in roofing system resulting from defects in roofing materials or applications of roofing materials not to ex- ceed the Owner's original cost of the installed roof over the life of the war- ranty. The date the warranty was instituted shall be clearly stated on the warranty, Membrane shall have manufacturer's 20 year warranty. 0753&A-3 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, inc, NH -0095e 07530.2. PRODUCTS 07530,21 HE M B 1-Z A N Ez -. .045 inch thick, maximum 9.0 feet wide, maximum 100 feet long or as determined by job conditions, A.A.T. 432 EPDM (Ethylene Propy- lene Diane Monomer) compounded elastomer conforming to the following minimum physical properties: 3ON-REINFORCED "BLACK" AT, 432 EPD7,4 Property Test Method Specifications Tolerance On Nominal Thickness, 96 ------------ ASTM D412 ------- +/-10 Tensile Strength min. psi Wa) ASTM D421 1305 (9) Elongation, Ultimate Min, 96 ASTM D412 350 Tear Resistance Min. lb /in AN&) ASTM D624 175 ONO (Die C) Factory Seam Strength .in, Modified Membrane ASTM D816 Rupture Resistance to Heat Aging* ASTM D573 Properties after 4 wks. @ 240OF Tensile strength min. psi (Mpa) ASTM D412 1200 MY Elongation, ultimata min. 96 ASTM D412 225 Tear resistance min, lbf/in (KN/m) ASTM D624 150 (MP Linear dimensional change max, 96 ASTM D1204 +/-2 Ozone Resistance* Condition after exposure to 100 pphm. ASTM D1149 No Cracks Ozone in air for 168 h @ 1040 -IF Specimen is at 50% strain Brittleness Temperature Max. degrees F (degrees CA ASTM D746 -75 P59) Resistance to Water Absorption* ASTM D471 Change in mass max. after 7d immersion @ 1580F9 96 4 Water Vapor Permeability* ASTM E96 2.0 Max. perm -mils (Prot B or BW) Resistance to Outdoor (Ultraviolet) Weathering* Properties after 500,000 Langleys EMMAQUA, 501 strain, calendar finished sheeting Tensile Strength min, psi (MPa) ASTM D412 1200 MY Elongation min. 96 ASTM D412 225 Sheet Composition* ASTM D297 Weight percent of polymer that is EPDM, min. 96 100 Weight percent of sheet chat is E?DM polymer, min, 96 30 Not a Quality Control Test due t& the time required for the test or the complexity of the test, However, all tests are run on a statistical basis to ensure overall long term performance of the sheeting. 07530 <A-4 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, inc. NH -0095e 07530.2,02, INSULATION A. Roof insulation thickness shall be 4" as noted below. B 'yrhen multiple layers of insulation are used, joints shall be staggered between layers, C Insulation Thickness L_ 1. Polvisocvanurate—1 211 J 2> EPS overlaid with HP Recovery Board (combined thickness) 211 Notes- S., EPS cannot be installed directly over coal tar pitch. bEPS/Composite insulation shall be installed with the HP Recovery Board side up. cHP Recovery Board shall be installed dark side up. d. V.Tood fiberboards by others are not acceptable membrane underlay— T_ e n t s < D Certain insulations are chemically or physically incompatible with this roofing system; therefore, insulations manufactured by others may be used only when their respective manufacturers have published a rec— or,zendation for their successful performance as part of an adhered roofing System and Carlisle has accepted the insulation for use on each specific project PRIOR to bid and installation. mote: Sprayed in place urethane and fiberglass are unacceptable for use with this system. As a warranty prerequisite, membrane manufacturers must receive a copy of the insulation manufacturer's recommendation (addressed to the building owner`for or t he use of their insulation, including: f The specific project concerned. 2c A recommendation for the use of the insulation as a surface to which a rubber membrane roofing system may be adhered. 3. The identification of acceptable mechanical fasteners, their dens— ity and their spacing to meet uplift requirements. 4. Statements which express their warranty conditions for the suc— cessful performance of their insulation for the duration of the -roofing Membrane Systems Warranty. 07530.2.03. FASTENERS: On the existing wood deck fasteners equal to Carlisle 0 HP units are _T_ecomnended. All fasteners must penetrate the wood deck a mini— mum of one (1") inch to a maximum of one and one half (11-z") inches. Compatible fastening plates, approved by the roofing membrane manufacturer are to be used. 07530:A-5 Copyright 1986 0 Bonestroo-, Rosene, Anderl-ilk & Associates, Inc. NH -0095e When the fastener is expected to be exposed to P high humidity and/or a cor— rcsive environment, Carl -isle should be consulted --reg-'a-L-ding the use of special fasteners. For all projects a test installation, with the proposed membrane underlayments and fastener is strongly recommended. 07530 , 2.05� -0 T H E R 14 A TERTA-j_,S A. Flashing: EPDM Elastoform Flashing, -furnished by the membrane manu— facturer for this system. Not recommended for tie—in to an existing built—up roof), B> Bonding adhesive: A-15 Bonding Adhesive, furnished by the membrane manufacturer for use with this specific system. C. Splicing cement: EP -95 Splicing Cement, -,-urnished by the membrane manufacturer for this system. D. Splicing tape: A.A.T. Splice Tape, a 2.5 inch wide splicing tape fur— C-1 J_ nished by the membrane manufacturer for this specific system. E. Splice cleaner and HP splice Wipes: As specified and furnished by the membrane manufacturer for this system. F. Lap Sealant- Compatible with r]-aterials with which it is used, shall be trowel or gun consistency, furnished by the membrane Manufacturer. 0 G. Water Cut—Off ]Hastic: Compatible with materials with which it is used, furnished by the membrane manufacturer. H. Molded Pipe Flashing: Compatible with materials with which it is used, furnished by, the membrane manufacturer. I. Nite Sea! and Lay Flat Tubing Compatible with materials with which it is used, furnished by the membrane manufacturer. J. Pourable Sealer: Compatible with materials with which it is used, furnished by the membrane manufacturer. K. Rubber Fastening Stip #3: Extruded fastener bar furnished by the mem— brane manufacturer. L. Roof Drain: Furnished by the membrane manufacturer. M. Walkway Pads: Furnished by the membrane manufacturer. N. EM -8 Hypalon: Furnished by the membrane manufacturer. 0. Wood Nailers: Pressure treated with salt preservatives. For instal— latimn c-z-iteria see Paragraph 3,03.E. 07530, AL— 6 Copyright 1986 Bonestroo, Rosene, knderlik & Associates, Inc. NH -0095e P Vapor Retarder: For the protection of the insulation a vapor retarder of 6 mil poly shall be installed, 07530,3, EXECUTION 07530,3.0E DEFINITION OF PR0i:T,:-C-f CRITERIA: The 4-AaT� ZM Roofiag System requires the HEM nmwQazzte in be fully adhered to an acceptable substrate or mechanically attached insulation with a single surface adhesive, and membrane sheets are spliced with a splicing tape, 07530.3.02. ROOF DECK CRITERIA: A. Proper decking for the substrate shall be provided to receive the Sure -Seal Roofing Systeuri, The Roofing Contractor shall not proceed with installation until all defects in the deck have been corrected, B. Acceptable decks are classified as: 1. Steel, 22 gauge or heavier,. 2. Steel, lighter than 22 gauge. 3. Structural concrete, rated 3000 psi or greater. 4. Wood planks or 1/2 inch APA Grade CDX plywood - 5. Fibrous Cement., 6. Gypsum decking, C. For all decks a pre-bid investigation of the condition of the deck is strongly recommended along with the practice of making a test instal - latiom D. Slope limitations shall not restrict the application of this Roofing System, 07530.3.03. SUBSTRATE PREPARATION: A, Retro --fit Projects (when the amisting roofing membrane is left in place). 1. Projects with existing built-up roof, SIS or shingles: Existing wet insulation and membrane should be removed. All voids created by removal of the old insulation should be filled with an appropriate roof insulation The existing surface shall be relatively even without noticeable high spots or depressions. a. Gravel surfaced BUR 07530.0-1 Copyright 1986 Bonestroo, Rosene, Werlik & Associates, Inc. NH -0095e When installing chis system over an existing gravel surfaced BUR, the gravel surface is to be leveled. It is preferable that the gravel riot be power broo-med because high spots which C> commonly result must be removed and leveled. The minimum underlayment for the membrane shall be 1/2 inch Sure -Seal HP Recovery Board or an acceptable insulation (see Article 2.02). b, Smooth surfaced BUR Substrates must be clean, smooth, dry, free of fins, loose edges, loose and foreign materials, oil, grease, and fresh roof cement. For installations directly to a smooth BUR (with a slope greater than 2 inches to the horizontal foot) or a stable min- eral surfaced cap sheet, CONSULT Carlisle Syn Tec Systems for a project -review PRIOR to bid and installation of this roofing system, Note: For existing smooth built-up roofs with slopes less than 2 inches to the horizontal foot, the contractor must certify in writing to Car- lisle that the asphalt to be in contact with the membrane meets ASTM D-312 Type III or iv. If the existing smooth built up roof is not ASTM D-312 Type III or DV asphalt, t"r en the mi -i nirum underlayment for the Membrane shall be 1/2 inch Sure -Seal HP Recovery Board or an acceptable insula- tion. nsula- r1Oil. 07530.3.04. INSTALLATION: A. Insulation Attachment: 1. Insulatio-,, shall be mechanically attached to the roof deck. At- tachment shall be 1 insulation -fastener and plate per every 2 square feet of insulation. 2. Insulations by others must be mechanically attached to the roof deck according to the insulation manufacturer's written recommen- dations. 3. All insulation boards shall be bitted together with no joints greater than 1/4 inch. B. Membrane Bonding: Execute work such that the membrane can be tempor- arily sealed on a down slope surface at the end of the day with Nite Seal and Lay Flat Tubing as per daily seal procedures. 07530.A-8 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e Unroll the .045 inch thick (9.0 feet wide) membrane, while remov- ing the backing from the sheet, so the clean surface (from which the backing has been removed) is face down. E Position the sheet with the clean surface dow-n. at the area where it will be adhered, 3. Fold the sheet back past the factory seani so that half of the underside of the sheet is exposed. Fold the sheet smoothly with- out wrinkles or buckles, 4. Stir A-15 Bonding Adhesive thoroughly until color is uniform, and apply an even medium coat, at a rate of 80 square feet per gallon (at moderate humidities and temperatures) without globs or pud- dles, using a 9 inch plastic core paint roller to the substrate. NOTE: A-15 BONDING ADHESIVE SHOULD BE APPLIED TO THE SUBSTRATE ONLY. VAllow adhesive to dry until it is tacky and will slightly string or stick to a dry finger touch. V Roll the folded half of the membrane evenly into the coated sub- strate to avoid wrinkles. 7, BRUSH down the bonded half of the sheet, immediately after tolling the sheet into the adhesive, with a soft briscle push broom or a clean dry roller applicator to achieve may contact, E Fold the unbonded half of the sheet back and repeat the bonding procedure, (Return to Step 4 above). 9. install adjoining sheets in the same manner,. Edges should be overlapped 3 inches (2 inches minimum), C. Membrane Splicing: TWO WORKMEN ARE REQUIRED FOR THE FOLLOWING SPLIC- ING PROCEDURE. 1. Bond adjoining sheets in place and remove dirt and excess dust from the mating surfaces of both sheets by wiping with a clean rag. If necessary, scrub the sheets with -v7arm soapy water and rinse with clean water. V Clean the dry splice area of both sheets by scrubbing with Sure - Sea! HP Splice Wipes or clean natural fiber rags using Sure -Seal splice cleaner. The finished surface sha-11-1 be solid black in color. Factory seams require extra cleaning. NOTE: Hold the top sheet back as the cleaning and scrubbing process proceeds along the length of the splice so that both mating surfaces may be cleaned simultaneously. 07530.A-9 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e 3. Mark the bottom sheet with a crayon or chalk line 1/2 inch from the edge of the top sheet along the entire splice length. 4, Unroll approximately 3 feet of A.A.T. Splice Tape. Align paper backing with marked line and press tape down to bottom sheet using firm J_ f even and pressure. Continue for the length of the splice overlapping the tape roll ends 1 inch. Allow top sheet to rest on paper backing, CAUTION: Proper tape placement is critical to obtain necessary splice width. If necessary, the membrane may be trimmed to provide approximately 1/2 inch exposure of the paper backing, 5< Pull the paper backing fro-,.-, the A.A.T. Splice Tape beneath the top sheet and allow the top sheet to fall freely onto the exposed tape. 6. Press top sheet onto tape using firm even hand pressure across the splice towards the splice edge. 7. Roll the spli"ce with a two inch wide steel roller parallel with the splice edge. 8. At all splice intersections., a location where two splices (factory and/oir field) come together; it is critical to maintain a contin- uous piece of A.A.T. Splice Tape to prevent open channels. Seal all splice edges extending 2 inches from the point of intersection with a 1/4 inch bead of Lap Sealant, Refer to Detail AAT -2. NOTE: membrane splices with A.A.T. Splice Tape require Lap Sealant only at splice intersections no additional Lap Sealant is needed. D. Membrane Securement: 1. Securement shall be provided at the perimeter of each roof level, roof section, curb flashing, expansion joint, etc., and at any 0 inside angle change where slope or combined slopes exceed 2 inches C� in one horizontal foot. 2. Securement shall be as follows: Rubber Fastening Strip (RFS) shall be mechanically fastened into the structural substrate, as shown on manufacturer's standard de- tails, with an accepted fastener. a. The top of mechanical fasteners shall be set flush with the top surface of the RFS. Space mechanical fasteners a maximum of 12 inches on center starting I inch from the end of the RFS. 07530.A-10 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e bR If breaks for drainage are necessary , se-��arLte adjacent RFS strips with a 6 inch space. C. After mechanically fastening the RFS it s_ -all be flashed ac -- cording to the appropriate detail. E. Other Membrane Splices: 1. Surface Splice: Correction of splices, tears, etc. , may he accomplished by splic-- ing a membrane section over the affected area, Sure lea! a. Select repair membrane With is the same material as that to in color. Factory be repaired. extra cleaning. splice b. Extend the repair membrane section at least 3 inches in every dampened direction from the splice, tear, etc. to be corrected, C: Remove field dirt by scrubbing the splice area with warm soapy water, rinsing with clean water, and drying. d. Clean the dry splice area of both sineets lib -y scrubbing with sure -Sea! HP Splice Wipes or clean natural fiber rags using Sure lea! splice cleaner. The finished surface should be solid black in color. Factory seams require extra cleaning. e. Thoroughly stir EP -95 Splicing Cement until it has a smooth, dark black appearance with no heavier black material remaining on the bottom or sides of the can, apply EP -95 Splicing Cement to both surfaces with either a 2 inch wide roller or a 3 or 4 inch wide, 1/2 inch thick paint brush. Apply cement in the manner and at the rate specified on the container label to obtain 100% coverage. Do not allow the cement to glob or pud- dle. Allow cement to dry until it is tacky and will slightly string or stick to a dry finger. touch. E Place the repair membrane section over the affected area. Avoid stretching and wrinkling while brushing with a hand to- ward the splice edges. g. Roll the surface splice with a 2 inch wide steel roller toward the outer edges of the splice. h, After waiting at least 2 hours, check splice edge for dust, dirt or any contaminants. if necessary, clean by scrub- bing with warm soapy water and rinse with clean water, When dry, wipe at least 1 inch on either side of the surface splice edge with a Sure -Seal HP Splice Wipe or -natural fiber rag dampened with Sure -Seal splice cleaner, 07530.A-11 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e -',,)Plv a bead of Lap Sealant with a specially preformed putty tool (included in the Lap Sealant cartons) or trowel. Com- plete Lap Sealant applicat4orn• of all splices by the end of the next working day. NOTE: Surface splice -at drain Small extend 6 inches onto the hori- zontal surface of the roof membrane. 2c All Flashing Splices: The procedure outlined above in Paragraph 3.04.E.1 shall be fol - !owed for splicing Sure --Seal Flashing to deck membrane and adioin- ing flashing sections, NOTE: Sure -Seal Flashing does not normally require cleanin", unless contaminated with field dirt. See appropriate flash-ing, detail for proper splice width. F. Flashing - Gravel stops: 1> Deck- me-Mlibrane shall be installad over a perimeter wood nailer to the outside fascia of the qui lding. The membrane must extend be- low and be secured to the wood i-laile-f. 2. Gravel stop shall be installed and secured through the membrane as recommiended, by the gravel stop manufacturer and according to an instal-latioi) detail accepted by Carlisle. Secure-ment provided by the contractor shall prevent buckling and prohibit metal gravel stop from pulling free, 3. Flashing of the gravel stop deck flange must extend 3 inches mini- mum past the point of securei-ii.iept, in all directions. 4. Flashing of the gravel stop deck flange must provide complete coverage of the flange and provide a minimum 3 inch wide splice to the adjoining deck membrane, Use EP -95 Splicing Cement to adhere Sure -Seal Flashing to the -membrane and gravel stop deck flange (see splicing procedures at Paragraph 3.04.E.2). NOTE: Gravel stop deck flanges must be scrubbed with splice cleaner. 5. See Carlisle's A -AT -1 Details, G. Flashing - `N'alls, Parapets, Mechanical Equipment Curbs, etc. Use t - I -ie longest pieces of material which are practicable. All flash- ings and terminations shall be done in accordance with the applicable Carlisle detail. ALL EX.ISTING FLASHTNG MUST BE REMOVED, 07530.A-12 Copyright 1986 Bonestroo, Rcsene, Anderlik & Associates, inc. NH -0095e When using Sure -Sea! Flashing at a vertical surface, complete the splice between the flashing and the deck membrane with EP -95 Splicing Cement, as outlined at Paragraph 3.04.E.2, and crease the flashing into the angle change before bonding flashing to the vertical surface. The splice shall extend at least 3 inches be- yond the RFS which secures the membrane at the angle change. 2. Uhen using a continuation of the deck membrane as flashing, bond the membrane to the surface to be flashed without folding the mem- brane in the corners (pig ears), a. Apply A-15 Bonding Adhesive in an even Tedium coat, without globs or puddles, with a 9 inch plastic core paint roller, to the surface to which the flashing is to be bonded, at a rate covering approximately 80 square feet of finished surface per gallon. NOTE: on porous surfaces (i,e,, brick, block, etc.) inth the sub- strate and the membrane may require coating with A-15 Bonding Adhesive, V After the A-15 Bonding Adhesive has dried to the point that it is tacky and will slightly string or stick to a dry finger touch, roll the continuation of the deck membrane into the ad- hesive, Care must be taken to set the membrane so it does not bridge where there is a change of direction (i.e�, where the parapet meets the roof deck), This may be accomplished by creasing the membrane into the angle change prior to adhering up the wall. C. Terminate the top of the installed flashing according to Carlisle's standard termination details., V install Sure -Seal Flashing as recuired to form a continuous membrane seal in each corner (see applicable U-15 Detail). H. Flashing - Other Penetrations: 1. General: a. Flash all penetrations passing through the membrane with Sure - Sea! Flashing as per applicable Carlisle details (see splicing procedures at Paragraph KOVEM, b> The flashing sea_ must made directly to the penetration passing through the membrane system. Where the flashing is terminated to an intermediate element which itself could fail and admit moisture beneath the membrane. FAILURE OF THAT ELEMENT TO REPEL MOISTURE IS BEYOND THE LIMITS OF THE CARLISLE SYSTEM, C. ALL EXISTING FLASHING MUST BE REMOVED. 07530 AQ 3 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e 2. Scuppers: a After installation of wall flashing, cut flashing at each scupper to insert a metal scupper sleeve which has continuous corners. b, Metal scupper sleeve shall be set in Water Cut -Off Mastic and firmly secured to the appropriate substrate, c> Sure -Seal Flashing must completely overlap scupper flanges and provide at least 3 inches minimum surface splice to the wall flashing (see applicable U-18 Detail), 3. Pipes, round supports, a, Flash pipes with Sure -Seal Molded Pipe Flashings where there installation is possible. b, 14OLDED PIPE FLASHINGS CANNOT BE CUT AND PATCHED; DECK FLANGES CANNOT BE OVERLAPPED OR INSTALLED OVER INGLE CHANGES c, Where Molded Pipe Flashings cannot be installed, USE FIELD FABRICATED PIPE SEALS. d. Refer to applicable U-8 or U-14 Detail, 4. Structural steel tubing (steel hand rail supports, steel fence posts, etc.): a. Corner radius shall be greater than 1/4 inch. b. Use a field fabricated pipe seal. c, Longest side of penetration shall not exceed 12 inches. Refer to Paragraph 3.04,G for widths greater than 12 inches. 5. Seamless metal posts: a. Corner radius will not be greater than 1/4 inch. b. Use a field fabricated pipe seal with double vertical wrapping of Sure -Seal Flashing around the penetration. C, Longest side of seamless metal post will not exceed 4 inches. B. Flexible penetrations (braided cables, conduits, wires, etc.)d: A watertight seal depends upon a stable installation detail. When a flexible penetration is encountered it must be enclosed in a stable "goose neck" set in Water Cut -Off Mastic and secured to the deck or to wood nailers built up to the level of the membrane underlaymenn Use a field fabricated pipe seal to flash the goose neck. 07530�A-14 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NE -0095e 7. Hot pipes: Performance of the membrane system is jeopardized by temperatures greater than 180 degrees F. In all such cases flash to an inter- mediate "cool" sleeve in accordance with Details U -14-B or C. 8. Pipe clusters: Pipe clusters, which prohibit the installation of field fabricated pipe seals, shall incorporate a pourable sealer pocket with 1 inch minimum clearance between all pipes. The pourable sealer pocket shall be a minimum of 2 inches deep and shall provide a minimum of 1 inch clearance around all pipes, Use pourable sealer pocket as shown in Carlisle's U-16 Details. 9. Expansion joints: I - the expansion joint. :Membrane must be secured on both sides of Due to the Wide variety of expansion joint applications refer to Carlisle's AAT -3 Details> 10, Roof drains: Carlisle requires the use of the Sure -Sea! Roof Drain or a stan- dard compression ring drain a. Prepare the substrate around roof drains to prevent membrane bridging or distortion and to provide a smooth transition from roof surface to drain clamping ring. b, The mating surfaces between the clam -ping ring and drain base must be clean and have a smooth finish. C. The seal between the membrane and the drain base shall be pro- vided by Water cut-off Mastic under constant, even compression as shown in Carlisle's standard details (see U-6 Details). d. For retrofit projects remove all existing flashing, cement, and lead in preparation for Water cut-off Mastic and membrane seal. e. ALL BOLTS 1,d\1D/OR CLAMPS `uSTBE IN PLACE TO PROVIDE CONSTANT COMPRESSION ON WATER CUT-OFF MASTIQ NOTE: All plumbing connections shall follow applicable plumbing codes° Plumbing connections are beyond the limits of the mem- brane systems warranty° 075MA-15 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e I. Daily Seal: Ensure that water does -not flow beneath any completed sections of the membrane system. When possible, install starting at the highest point of the project area, working to the lowest point, 0 Temporarily seal any loose membrane edge with Sure -Seal Nite Seal. Caution must be exercised to ensure that membrane is not temporarily sealed near drains in such a way to promote water migration below the membrane. Mix and install Nite Seal as follows: 1. Mix the two com-oonents thoroughly according to the instructions on the label, 2. On existing BUR, remove the gravel. The surface shall be clean and dry. 3. Apply the Nite Seal on the exposed substrate surface 12 inches back from the loose sheet edge If necessary, use a trowel to 0 spread Nite Seal to achieve complete coverage. For an existing BUR surface, this coverage 4di it be extended according to surface preparation, After embedding the membrane in Nite Seal, CHECK FOR CONTINUOUS CONTACT. Provide continuous pressure over the length of the temp- orary seal with 10 feet lengths of Sure -Seal Lay Flat Tubing filled with dry sand. NOTE: Carlisle does not recommend the use of rigid wood nailers be- cause cause constant compression may not be achieved on an uneven substrate. 5. When work is resumed, pull sheet free, trim and remove membrane where Nite Seal was previously applied before resuming installa- tion. NOTE: To ensure proper bonding do not adhere membrane directly to Nite Seal residue, J. Alternative for Coating: Apply EM -8 Hypalon Color Coating to the membrane when coloring of the roof surface is desired. 1. Two coats of EM -8 Hypalon are required, 2. The installed system shall weather for a minimum of two weeks be- fore application of the Hypalon Coating, 07530.A-16 Copyright 1986 Bonestroo, Rosene, Anderli"k & Associates, Inc. NH -0095e 3. The surface shall be clean and dry prior to application. 4. Thoroughly mix the EM -8 Hypalon to suspend settled material from the bottom of the container. A 9 inch paint roller, with a 1/4 inch, to 1/2 inch nap, must be used to apply EM -8 Hypalon coating in a smooth, even coat at a rate of 150 sq. ft. per gallon per coat to the membrane surface. END OF SECTION 07530.A-17 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e SECTION 07530.B. MEMBRANE ROOFING HYPALON OR POLYIER COATED 07530B.1. GENERAL 07530B.I.1. DESCRIPTION: This section shall be the same as Section 07530 - EPDM - with the exception that it will utilize one or the other of the follow- ing single ply roofinc, systems in lieu of the EPDM. All other items shall conform. Other systems approved for biddinc, under this section are as follows: A. J. P. Stevens Hi -Tuff membrane - White B. Seal-Dry/U.S.A., Inc. - System. 5000 - White All methods of installation, all insulation, and other items including war- ranty shall be as specified in Section 07530A. These membranes shall be bid as Alternative IT items only. END OF SECTION 07530.B-1 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e SECTION 07600. FLASHING AND SHEET METAL 07600.1. GENERAL; 07600.1.1. DESCRIPTION: As part of the roofing work, the contractor shall furnish and install all necessary flashing, counterflashing, roof fascia, fas- cia panels, scuppers, open faced downspouts and all related items. RELATED WORK SPECIFIED ELSEWHERE: 1. Rough Carpentry Section 06100 2. Insulation Section 07220 3. Membrane Roofing Section 07530A & B 07600,1.2. SUBMITTALS: The contractor shall submit shopdrawings for all items included in this specification including specific details for the vari- ous applications. 07600.2. PRODUCTS: 07600.2.1. FLASHING: Furnish and install flashing around all roof vents and curbs conforming to the standards and details of the membrane roofing manufac- turer. Flashing shall extend vertically a minimum of 6 inches above the hori- zontal surface of the roof. This shall apply to the elevator roofs and entry roof, or any blocking required. 0 07600.2.2. ROOF EDGE FASCIA TRIM: The contractor shall furnish and install the Roof Edge Fascia System around the entire perimeter of the elevator and entry roofs as specified herein. The Fascia system shall be Carlisle Hard Rubber. The system shall conform to the dimensions shown on the plan. Color to be selected. 07600.2.3. SPOUT SCUPPERS: Scuppers shall be furnished and installed where shown on plan. Scuppers shall be designed and be as manufactured by Hickman or an approved equal compatible with the fascia. Scuppers shall have a baked enamel finish to match Roof Edge Fascia. 07600.2.4. DOWNSPOUTS: Downspouts shall be 8" wide by 61' deep open faced of Colorklad, or equal. 07600.3. EXECUTION: 07600.3.1. Install all materials per manufacturer's recommendations to pro- vide watertight .ght installation. END OF SECTION 07600-1 Copyright 1986 Bonestroo, Rosene, Anderlik & Associates, Inc. NH -0095e ,a -3 7p� L0 off T— — to -0_:.. SZU��ppLR t�NDlV1aDK:.-SrhF2 baWtJS�UT_ j�Or _ txvaTor?a�f�Frt��it - II — --- - Al pON 5O wPYYFR 5 OT �oUT kp LE IIil3o1 BONESTROO, ROSENE. ANDERLIK, AND ASSOC. EN©INEERVARCH11TECM ST. PAUL. MN . 01 _ _______-SHEE.T_2 OF 4_ 1:+,L'-6:!: �6 LE 3/3y I -o 3 ,I�IE��iSdP-gyp WyLi�, �vl�M�P('p IF15L1-�. r FIT. [Jt,. aLo�K (poor- 0/ .r r (xG rVbf^K r/,5ut, coo 4" IFI M,141 -P ;JF -W EXIST. Goof` SEcT to NN ��i rood S��Tloi� c � SONESTROO, ROSENE, ANDERLIK, AND ASSOC. ENGINEERS/ARCHITECTS ST. PAUL, MN Arol� f31 ICY-It�r �41r t Fa I� IOi TAJJ- r,00t4ft Prhx 11�' LIn,,T7, LL ADPITWjJAL WIGOP 86aKIM L1 At 4" IFI M,141 -P ;JF -W EXIST. Goof` SEcT to NN ��i rood S��Tloi� c � SONESTROO, ROSENE, ANDERLIK, AND ASSOC. ENGINEERS/ARCHITECTS ST. PAUL, MN r 'AOT T P T F- 1,0 � ik"i F H PJ ff'(J-14 BONESTROO, ROSENE, ANDERLIK, AND ASSOC. E:WGINEERVARCHITECTS ST. PAUL, MN MINA-dwolm CONDITIONS OF THE CONTRACT INDEX Page No. SECTION I - DEFINITIONS 1. SECTION 2 - BIDDING REQUIREMENTS 5. SECTION 3 - AWARD AND EXECUTION OF CONTRACT, PROGRESS AND COMPLETION OF WORK 7. SECTION 4 - CONTRACT DOCUMENTS: INTENT AND REUSE 9. SECTION 5 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 11. SECTION 6 - INSURANCE AND BONDS, LEGAL RESPONSIBILITY AND SAFETY 13. SECTION 7 - ENGINEER -OWNER -CONTRACTOR RELATIONS, ARBITRATION AND INDEMNIFICATION 18. SECTION 8 - MATERIALS, EQUIPMENT, INSPECTION AND WORKMANSHIP 25. SECTION 9 - MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE 34. SECTION 10 - CHANGES IN THE WORK 39. SECTION 11 - CHANGES OF CONTRACT PRICE AND CONTRACT TIME 41. SECTION 12 - SUSPENSION OF WORK AND TERMINATION 45. SECTION 13 - MISCELLANEOUS 47. FORM OF AGREEMENT PERFORMANCE BOND LABOR AND PAYMENT BOND - I - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. TABLE OF CONTENTS CONDITIONS OF THE CONTRACT SECTION I - DEFINITIONS 1.1 ACTS OF GOD 1.2 ADDENDA 1.3 AGREEMENT 1.4 BID SECURITY 1.5 BIDDER 1.6 CONTRACT 1.7 CONTRACT DOCUMENTS 1.8 CONTRACT PRICE 1.9 CONTRACTOR 1.10 CHANGE ORDER 1.11 DAY 1.12 DEFECTIVE 1.13 DRAWINGS 1.14 ENGINEER 1.15 FIELD ORDER 1.16 FINAL COMPLETION 1.17 MODIFICATION 1.18 NOTICE OF AWARD 1.19 NOTICE TO PROCEED 1.20 OWNER 1.21 PERFORMANCE AND PAYMENT BONDS 1.22 PROJECT 1.23 PROPOSAL 1.24 RESIDENT PROJECT REPRESENTATIVE 1.25 SHOP DRAWINGS 1.26 SPECIFICATIONS 1.27 SUBCONTRACTOR 1.28 SUBSTANTIAL COMPLETION 1.29 SURETY 1.30 WRITTEN NOTICE 1.31 WORK - G -5376c TABLE OF CONTENTS (CONT'D) SECTION 2 - BIDDING REQUIREMENTS 2.1 PROPOSAL FORMS 2.2 INTERPRETATION OF QUANTITY ESTIMATES 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE 2.4 ADDENDA 2.5 PREPARATION OF BID 2.6 RESERVATIONS AND/OR EXCEPTIONS 2.7 BID SECURITY 2.8 DELIVERY OF PROPOSAL 2.9 OPENING OF PROPOSALS 2.10 EVALUATION OF PROPOSALS 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION SECTION 3 - AWARD AND EXECUTION OF CONTRACT, PROGRESS & COMPLETION OF WORK 3.1 AWARD OF CONTRACT 3.2 EXECUTION OF AGREEMENT 3.3 FAILURE TO EXECUTE AGREEMENT 3.4 RETURN OF BID SECURITY 3.5 NOTICE TO PROCEED 3.6 CONTRACT TIME 3.7 SCHEDULE OF COMPLETION 3.8 COMPUTATION OF TIME 3.9 LIQUIDATED DAM -AGES SECTION 4 - CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.2 ORDER OF PRECEDENCE 4.3 DISCREPANCIES 4.4 ADDITIONAL INSTRUCTIONS 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AND REUSE 4.7 DIMENSIONS 2 - G -5376c TABLE OF CONTENTS (CONT'D) SECTION 5 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 5.1 AVAILABILITY OF LANDS 5.2 PRIVATE PROPERTY 5.3 SURVEYS 5.4 UTILITIES 5.5 INVESTIGATIONS 5.6 UNFORESEEN PHYSICAL CONDITIONS SECTION 6 - INSURANCE AND BONDS, LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.2 PERFORMANCE AND OTHER BONDS 6.3 PATENTS, FEES AND ROYALTIES 6.4 PERMITS AND LICENSES 6.5 LAWS, REGULATIONS AND SAFETY 6.6 WARNING SIGNS AND BARRICADES SECTION 7 - ENGINEER -OWNER -CONTRACTOR RELATIONS, ARBITRATION & INDEMNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.2 CONTRACTOR'S RESPONSIBILITY 7.3 OWNER'S RESPONSIBILITY 7.4 ASSIGNMENT OF CONTRACT 7.5 RIGHTS OF VARIOUS INTERESTS 7.6 SEPARATE CONTRACTS 7.7 SUBCONTRACTS 7.8 ORAL AGREEMENTS 7.9 NON-DISCRIMINATION IN EMPLOYMENT 7.10 DECISIONS ON DISAGREEMENTS 7.11 ARBITRATION 7.12 INDEMNIFICATION 3 - G -5376c TABLE OF CONTENTS (CONTfD) SECTION 8 - MATERIALS, EQUIPMENT, INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 8.2 EQUIVALENT MATERIALS AND EQUIPMENT 8.3 MATERIALS FURNISHED BY OWNER 8.4 STORAGE OF MATERIALS 8.5 SAMPLES 8.6 FURNISHING OF PRODUCT DATA 8.7 QUALITY OF EQUIPMENT AND MATERIALS 8.8 SHOP DRAWINGS 8.9 ACCESS TO AND OBSERVATION OF WORK 8.10 TESTS AND INSPECTIONS 8.11 UNCOVERING THE WORK 8.12 CUTTING AND PATCHING 8.13 WARRANTY AND GUARANTEE 8.14 CORRECTION PERIOD 8.15 CORRECTION OF REMOVAL OF DEFECTIVE WORK 8.16 ACCEPTANCE OF DEFECTIVE WORK 8.17 OWNER MAY STOP WORK 8.18 OWNER MAY CORRECT DEFECTIVE WORK 4 - G -5376c TABLE OF CONTENTS (CONT'D) SECTION 9 - MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT 9.2 REQUEST FOR PAYMENT 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COMPLETION 9.8 PARTIAL UTILIZATION 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT 9.11 FINAL PAYMENT AND ACCEPTANCE 9.12 CONTRACTOR'S CONTINUING OBLIGATION 9.13 WAIVER OF CLAIMS SECTION 10 - CHANGES IN THE WORK 10.1 CHANGE ORDERS 10.2 FIELD ORDERS 10.3 UNAUTHORIZED WORK 10.4 ENGINEER RECOMMENDATIONS 10.5 NOTICE OF CHANGE TO SURETY 10.6 CLAIMS FOR ADDITIONAL COSTS 10.7 WORK DURING AN EMERGENCY SECTION 11 - CHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE 11.2 CHANGE IN CONTRACT PRICE 11.3 BASIS OF CHANGE 11.4 CHANGE OF CONTRACT TIME 5 - G -5376c TABLE OF CONTENTS (CONT'D) SECTION 12 - SUSPENSION OF WORK AND TERMINATION 12_.1 OWNER MAY SUSPEND WORK 12.2 OWNER MAY TERMINATE 12.3 CONVENIENCE TERMINATION BY THE OWNER 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE SECTION 13 - MISCELLANEOUS 13.1 LIMITATION OF LIABILITY 13.2 REMEDIES 13.3 PUBLIC CONVENIENCE 13.4 CROSSING UTILITIES, ETC, 13.5 SANITARY PROVISIONS 13.6 PRESERVATION OF HISTORICAL OBJECTS 13.7 USE OF PREMISES FORM OF AGREEMENT PERFORMANCE BOND LABOR AND MATERIAL PAYMENT BOND 6 - G -5376c CONDITIONS OF THE CONTRACT SECTION I nVV T MT MT nNTO 1.1 ACTS OF GOD An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, uncontrolled and uninfluenced by the power of man and with- out human intervention, that could not under normal circumstances have been anticipated or expected. Ordinary weather conditions of normal intensity for the locality shall not be considered as an Act of God. 1.2 ADDENDA Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. 1.3 AGREEMENT The Agreement is the written document executed by the Owner and Contractor covering the performance of the Work described in the Contract Documents. 1.4 BID SECURITY The Bid Security, where required by the Advertisement or Information to Bid- ders, is a cashier's or certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder, pledging that the bidder will enter into an Agreement with the Owner for the carrying out of the Work, should the contract for the Work be awarded to him. A Bidder is an individual or other entity submitting a Proposal for the adver- tised Work. 1.6 CONTRACT The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 1.7 CONTRACT DOCUMENTS The Contract Documents consist of the following, including all Addenda issued prior to the opening of bids, Field Orders, Change Orders or other Modifica- tions issued after execution of the Agreement: - I - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. (a) Drawings (b) Specifications (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance Bond and Labor and Material Payment Bond (6) Form of Agreement; (7) Detail Plates and other drawings attached to specifications; 1.8 CONTRACT PRICE The moneys payable by Owner to Contractor under the Contract Documents as stated in the Agreement. 1.9 CONTRACTOR The Contractor is the person or entity or authorized representative thereof named in the Contract Documents. 1.10 CHANGE ORDER A written order to Contractor signed by Owner authorizing an addition, dele- tion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. 1.11 DAY A calendar day of twenty-four hours measured from midnight to the next mid- night. 1.12 DEFECTIVE Refers to Work that is unsatisfactory, damaged, faulty or deficient, does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents. 1.13 DRAWINGS The Drawings are all plans, drawings (including revisions thereto) or repro- ductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. - 2 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 1.14 ENGINEER The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. 1.15 FIELD ORDER A written order issued by Engineer which orders minor changes in the Work in accordance with Paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. 1.16 FINAL COMPLETION The Work, including any punch list items, has been completed in all respects in accordance with the Contract Documents. 1.17 MODIFICATION (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. 1.18 NOTICE OF AWARD The written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions preced- ent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. 1.19 NOTICE TO PROCEED A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contrac- tor shall start to perform his obligation under the Contract Documents. 1.20 OWNER The Owner is the person or entity or authorized representative thereof named in the Contract Documents. 1.21 PERFORMANCE AND PAYMENT BONDS The Performance and Payment Bonds are the approved form of security furnished by the Contractor and a Surety prior to the execution of the Agreement as a pledge of good faith on the part of the Contractor and the Surety in the event of the Contractor's default, covering the Contractor's faithful performance under the Contract Documents and the payment of all obligations arising there- under. 1.22 PROJECT The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. - 3 - 1/85 - 8505b Copyright 1985 Bonestroo Rosene, Anderlik & Associates, Inc. 1.23 PROPOSAL The Proposal is the offer of a bidder to perform the work described in the Bid Documents when made out and submitted on the prescribed Proposal form, proper- ly signed and secured. 1.24 RESIDENT PROJECT REPRESENTATIVE The authorized representative of the Engineer who is assigned to the site or any part thereof. 1.25 SHOP DRAWINGS All drawings, diagrams, illustrations, schedules and other data which are 0 C� specifically prepared by Contractor, a Subcontractor, manufacturer, fabrica- tor, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instruc- tions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work. 1.26 SPECIFICATIONS That portion of the Contract Document generally bound in booklet form and con- sisting of the documents identified in Paragraph 1.7 (b) of the Conditions of the Contract. 1.27 SUBCONTRACTOR The Subcontractor is the person or other entity having a direct contract with the Contractor and -acts for or on behalf of the Contractor in executing any part of the Contract, but does not include any separate Contractor or his sub- contractor or any material suppliers. 1.28 SUBSTANTIAL COMPLETION The Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by his certificate of Substantial Comple- tion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 9.10 and 9.11. The terms "sub- stantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. 1.29 SURETY A Surety is the person or other entity executing the Contractor's Bid, Per- formance and Payment Bonds. - 4 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 1.30 WRITTEN NOTICE Written Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty. of each party to advise the other parties to the Agreement as to any change in the business address until completion and acceptance of the Work. 1.31 WORK The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporat- ing materials and equipment into the construction, all as required by the Con- tract Documents. SECTION 2 BIDDING REQUIREMENTS 2.1 PROPOSAL FORMS The Owner will furnish Proposal Forms to any qualified Bidder upon request. 2.2 INTERPRETATION OF QUANTITY ESTIMATES The schedule quantities as listed in the Proposal are to be considered approx- imate only and may be increased, decreased or omitted as necessary to complete the Work as described in the Contract Documents. 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE Each Bidder is required to examine carefully the site of the Work, the Pro- posal Forms, Specifications and Plans. Submission of a Proposal constitutes a representation by the Bidder that he has made such examination, has familiar- ized himself with the conditions to be encountered, the character, quality and quantity of work to be performed and material to be furnished and has corre- lated his observations with the requirements of these Contract Documents. 2.4 ADDENDA Any Addenda issued prior to the time of receipt of Proposals shall be included in the Proposal and shall be made part of the Contract Documents. Receipt of each Addendum shall be acknowledged by the Bidder in his Proposal. 2.5 PREPARATION OF BID The bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blank spaces in the Proposal must be filled in clearly and cor- - 5 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. rectly in ink or typewritten. Any interlineation, alteration or erasure must be initialed by the signer of the Proposal. The Proposal shall be signed in ink by the individual or authorized representative making the Proposal. 2.6 RESERVATIONS AND/OR EXCEPTIONS Reservations or exceptions shall be clearly stated in writing and attached to the Proposal. They will be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if such reservations or exceptions con- stitute a substantial deviation from the advertised terms and conditions, their Proposals may be rendered nonresponsive. The Bidder shall make no addi- tional stipulations on the Proposal nor qualify it in any other manner. 2.7 BID SECURITY if so stipulated in the Advertisement for Bids, or Information to Bidders, each Proposal shall be accompanied by a Bid Security in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will, if required, furnish bonds as de- scribed hereunder in Section 6 covering the faithful performance of the Con- tract and the payment of all obligations arising thereunder. Should the Bid- der refuse to enter into such Contract or fail to furnish such bonds, if re- quired, the amount of the Bid Security shall be forfeited to the Owner as liquidated damages, not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either (a) the Agreement has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or (b) the specified time has elapsed so that unaccepted Pro- posals may be withdrawn, or (c) all Proposals have been rejected. 2.8 DELIVERY OF PROPOSAL Each Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. 2.9 OPENING OF PROPOSALS Proposals will be opened publicly and read aloud at the time, date and place designated in the Advertisement. 2.10 EVALUATION OF PROPOSALS The Owner reserves the right to reject any Proposal if it shows any omissions, alterations, irregularities, is submitted subsequent to the time established in the Advertisement for Bids for receipt of bids, or is unaccompanied by any required Bid Security. The Bidder further acknowledges the right of the Owner to reject all Proposals and readvertise with the same or different Bid Docu- - 6 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. ments. In any event, the Owner reserves the right to waive any informalities irregularities or minor deviations in the Proposal. On unit price Proposals, comparison of Proposals will be made on the basis of the stated unit prices and unit prices will control in the event of a discrepancy between the unit price and the extension or summation thereof. On fixed or lump sum price Pro- posals, comparison of Proposals will be made on the basis of the lowest price that is responsive to the Advertisement. 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of a Proposal, each Bidder certifies that: (a) The prices in the Proposal have been arrived at independently, with- out consultation, communication or agreement as to any matters relat- ir ng to such prices with any other bidder or with any competitor for the purpose of restricting competition; (b) The prices in the Proposal have not been or will be knowingly disclosed to any other bidder or compecitcr 0--rio'Z, to '-1-nie O�t,7ner's opening of the Proposals; 0 (c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. SECTION 3 A14ARD AND EXECUTION OF CONTRACT, PROGRESS & COMPLETION OF TpORK 3.1 A14ARD OF CONTRACT When the lowest responsive Proposal of the lowest responsible bidder is accepted and within the time limit established in the Advertisement for Bids, the Owner will send him the necessary Contract Documents and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance and Payment Bond, where required. 3.2 EXECUTION OF AGREEMENT The lowest responsible bidder shall, within 15 days after receiving the Notice of Award and Contract Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and Insurance forms as the successful Bidder may be required to furnish to the Owner. 3.3 FAILURE TO EXECUTE AGREEMENT Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or to execute the Agreement within the time above speci- - 7 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. fied, the Owner may have the option to annul the award and retain the Bid Se- curity accompanying the Bid as liquidated damages and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bidder the Owndr may adopt any legal remedy which it may see fit to adopt. 0 3.4 RETURN OF BID SECURITY All Bid Securities, except that of the lowest responsible bidder, will be re- turned within 30 days after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The Bid Security of the lowest respon- sible bidder will be returned upon receipt of the properly executed Agreement and Bond. 3.5 NOTICE TO PROCEED The date of commencement of the Work is the date set forth in the Notice to Proceed. Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without interruption, unless otherwise directed in writing by the Owner, with such manpower and equipment as is necessary to complete the Work within the time stated in the Contract Documents. 3.6 CONTRACT TIME The Contractor shall complete, in an acceptable manner, all of the Work con- tracted for in the time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Con- tractor and his Subcontractors and without their fault or negligence. Written notice of the Contractor's claim for such extension shall be given within ten (10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall be waived. 3.7 SCHEDULE OF COMPLETION The Contractor shall submit, at such time as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the Work and estimated dates of completion of the several parts. 3.8 COMPUTATION OF TIME When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such per- iod. 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 shall be omitted from the computation. - 8 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 3.9 LIQUIDATED DAMAGES 3.9.1 Time is the essence of the contract, The Contractor thereby agrees that the Owner will be entitled to liquidated damages for failure on the part of the Contractor to complete the Work within the time limits provided for in the Contract Documents. 3.9.2 Should the Contractor fail to complete the project on or before the specified date, liquidated damages in the amount specified in the Special Pro- visions shall be deducted from any monies due or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme difficulty of ascertaining and establishing the actual damages which the Owner would sustain. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written Change Order. 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Docu- ments, he shall report it to engineer in writing at once and before proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a com- plete project (or part thereof) to be constructed in accordance with the Con- tract Documents. Any Work that may reasonably be inferred from the Specifica- tions or Drawings as being required to produce the intended result shall be supplied whether or not is is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not spec- ifically incorporated by reference in the Contract Documents) shall change the - 9 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifi- cations and interpretations of the Contract Documents shall be issued by Engi- neer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law of the place of the Project. 4.2 ORDER OF PRECEDENCE If there be a conflict between or among any of the terms or provisions of the Contract Documents, which conflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4.1, the conflict shall be resolved by applying the following Order of Precedence: (a) Agreement; (b) Conditions of the Contract; (c) Special Provisions; (d) Spec-L--c--,c Requirements; (e) General Requirements (f) Drawings, 4.3 DISCREPANCIES Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly -insignificant to the Contractor, shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring any, conflict, ambiguity or discrepancy to the attention of the Engineer of which it was or should have been aware, shall assume the risk of loss aris- ing out of any such conflict, ambiguity, or discrepancy. 4.4 ADDITIONAL INSTRUCTIONS Further or additional instructions may be issued by the Engineer during the progress of the Work by the use of Drawings or other means to clarify the intent of the Contract Documents or to explain or illustrate Changes in the Work or Field Orders. 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE Contractor shall keep one record copy of all Specifications, Drawings, Addenda, 14odifications, Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These - 10 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. shall be available to Engineer for examination and shall be delivered to Engi- neer for Owner upon completion of the Work. 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATION AND REUSE All original Drawings and Specifications and other data furnished by the Engi- neer are and shall remain his property. Copies thereof will be furnished to Owner and are to be used only with respect to this Project and are not to be used on any other -project or extensions of this Project without the prior written consent of Engineer. Submission or distribution to meet official regulatory requirements quirements or for other purposes in connection with the Project are not to be construed as publication in derogation of the Engineer's common law copyright or other reserved rights. 4.7 DIMENSIONS Figured dimensions on the plans will be used in preference to scaling the Drawings. Any conflicts, ambiguity, or discrepancy, shall be immediately brought to the attention of the Engineer before proceeding with the affected Work. Contractor shall assume the risk of loss for failure to bring to the attention of the Engineer such conflict, ambiguity, or discrepancy. SECTION 5 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 5.1 AVAILABILITY OF LANDS 5.1.1 Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 5.1.2 Contractor shall, at his expense, provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment, storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his expense. 5.2 PRIVATE PROPERTY The Contractor shall not enter upon private property for any purpose without obtaining written permission from the owner thereof, and he shall be respon- sible for the preservation of all property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. necessary to prevent damage or injury thereto. He shall protect carefully from disturbance or damage all monuments and property markers until an author- ized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 5.3 SURVEYS Unless otherwise specified, the Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work. Based upon the information pro- vided by the Owner, the Contractor shall develop and make all detail surveys necessary for construction, including batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall be re- sponsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and damage result- ing therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. 5.4 UTILITIES The contractor shall be solely responsible for verifying the exact location of all utilities, whether or not shown on the Drawings or referenced in the Spec- ifications. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project area. The Con- tractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project area during the entire period of construction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 5.5 INVESTIGATIONS Reference is made to the Contract Documents for identification of those re- ports of investigations and tests of subsurface or latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports or tests are not guaranteed as to accuracy or completeness and if incorporated into the Contract Documents, they shall be for general information only. Contractor shall be responsible for verifying site and subsurface conditions to his satisfaction prior to submitting a bid on the project. 5.6 UNFORESEEN PHYSICAL CONDITIONS Contractor shall immediately notify Owner and Engineer in writing of any sub- surface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Docu- - 12 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. CHANDLER INSURANCE 6015 CAHILL AVENUE ST. PAUL, MN 55075 PHONE: (612) 455-6688 UNIVERSAL APPLICATORS, INC. 18995 NORTH FOREST BLVD. P.O. BOX 310 FOREST LAKE, MN 55025 CRLG03026450 MFCD130500351 0317-00-090253 MFCD13050351 : CITY ICE ARENA, NEW HOPE, MN ITY OF NEW HOPE 401 XYLON AVENUE NORTH EW HOPE, MN 55428 10-6-86 , 10-6-87 10-6-86 10-6-87 8-6-86 1 8-6-87 10-6-86 10-6-87 12-5-86 CG ments. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly thereafter, Owner shall obtain the necessary additional investigations and tests and fur- nish copies to Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Con- tract Documents, and which could not reasonably have been anticipated by Con- tractor, a Change Order shall be issued incorporating the necessary revisions. SECTION 6 INSURANCE, AND BONDS, LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.1.1 General: The Contractor shall not commence work under this contract until he has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner and Engineer. The Contractor shall not allow any Sub- contractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days written notice to the Owner and Engineer of intent to cancel. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shalll specifically note the clause providing for 30 day written notice to the Owner and Engineer of intent to cancel. 6.1.2 Workman's Compensation & Employer Liability Insurance: The Contractor shall secure and maintain during the life of this Contract, Workman's Compen- sation and Employer's Liability Insurance as required by law for all his employees to be - engaged directly or indirectly in the work on the project under this Contract. In case any work is sublet, the Contractor shall require the Subcontractor to similarly provide workmen's Compensation and Employer's Liabilitv Insurance for all the latter's employees to be engaged directly or indirectly in such work. The Contractor shall also maintain insurance re- quired under any other Employee Benefit Acts in force or required by law at the site of construction. 6.1.3 Contractor Comprehensive General & Automobile Liability: The Contrac- tor shall procure and maintain during the life of this Contract, Contractor's Comprehensive General and Automobile Liability Insurance which shall protect him from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any Sub- contractor or by anyone directly or indirectly employed by either of them. The insurance shall be in amounts listed below and shall provide coverage under the following hazards: - 13 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. I. Operations of Contractor 2. Operations of Subcontractor (Contingent) 3< Products, including completed operations. This carried for a period of one year after completion work. 4. Contractural Liability (See Section 6.1.5) 5. Property Damage 6. Broad Form Property Damage 7� All Owned, Non -Owned and Hired Vehicles Minimum Limits - General Liability 1. Bodily injury 2. Property damage C Minimum Limits - Automobile Liability 1. Bodily injury 2. Property damage insurance is to be or acceptance of the $500,000.00 each occurrence $500,000.00 completed operations $100,000.00 each occurrence $200,000.00 aggregate $250,000.00 each person $500,000.00 each occurrence 8100,000.00 each occurrence $200,000.00 aggregate It is recuilred that basic exclusions for damage caused by explosion, collapse and damage to underground facilities, commonly known as X, C, U exclusions, be removed from the policies and so indicated as covered in the declaration and on certificates of insurance. This provision of the Conditions of the Con- tract will, be waived on above ground projects where hazards of explosion and/or collapse do not exist. The exclusion of explosion will be allowed on underground projects where blasting is not required, in addition to all of the listed coverages, the Contractor shall procure and maintain an Umbrella Excess Liability Policy in a minimum limit of $1,000,000.00. Any Umbrella Excess Liability policy in excess of $1,000,000 may be utilized to meet the above listed basic coverages. 6.1.4 Builder's Risk Insurance: Before commencement of the Work, the Con- tractor shall provide Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and agents, all subcontractors, the equipment contractors and all of their subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed 81,000.00. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this sec- tion shall be waived on projects involving only underground utilities, grad- - 14 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. ing, street improvements and similar construction work, but any damage or loss 0 to property shall be the sole responsibility of the Contractor until final acceptance of the Work. If the Owner finds it necessary to occupy or use a portion or portions of the Work, prior to substantial completion thereof, such occupancy shall not com- mence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. The Owner and Contractor waive all rights against each other and the Sub- contractors and their agents and employees and against the Engineer and sepa- rate contractors (if any) and their subcontractors' agents and employees, for damages caused by fire or other perils to the extent covered by insurance pro- vided under this section or any other property insurance applicable to the work. 6.1.5 Contractural Liability Insurance: To the -fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engi— neer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) 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, and (2) is caused in whole or in part by any negligent act or omission of the Contrac— tor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents 0 or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.1.6 Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum require— ments only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole respon— sibility. — 15 — 1/85 — 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project, the Owner will be responsible for main-caining all boiler and machinery coverage. This coverage will be placed in effect when the equipment is ready for inspection and operation. This coverage shall include the in- terests of the Owner, the Contractor, Subcontractors and Sub -subcontractors. 6.2 PERFORMANCE AND OTHER BONDS 6.2. 1 Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful per- formance and payment of all Contractor's obligations under the Contract Docu- ments. These Bonds shall -remain in effect at least until one year after the date of -final payment, except as otherwise provided by law. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the Contract Documents and be exe- cuted by such Sureties as (A) are licensed to conduct business in the state where the Project is located, and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 6. 2.2 if the Su--,-ety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part- of the Project is located or it ceases to meet the requirements of clauses (A) and (B) of Paragraph 6.2.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be accept- able to Owner. 6.3 PATENTS, FEES AND ROYALTIES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of 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. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident 0 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, and shall defend all such claims in connection with any alleged infringement of such rights. - 16 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 6.4 PERMITS AND LICENSES All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees, 6.5 LAWS. REGULATIONS AND SAFETY 6.5.1 Contractor shall give all notices and comply with all laws, ordi- nances, rules and regulations applicable to the Work. If Contractor ob- serves that the Specifications or Drawings are at variance therewith, he shall give Encrineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contrac- tor performs any Work knowing or being in a position to know it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Engineer, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Draw- ings are in accordance with such laws, ordinances, rules and regulations. 6.5.2 Contractor shall be responsible for initiating, maintaining and super- vising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (a) all employees on the Work and other persons who may be affected thereby; (b) all the Work and all materials or equipment to be incorporated there- in, whether in storage on or off the site; and (c) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not desig- nated for removal, relocation or replacement in the course of construction. 6.5.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 6.5.2(b) and (c) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that Work is acceptable. - 17 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 6.5.4 Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Con- tractor to Owner. 6.5.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and expenses (in- cluding attorneys' fees) arising out of or resulting from the contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 6.6 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, colored lights and/or watchmen and take all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by colored signal lights which shall be kept in operation from sunset to sunrise. SECTION 7 ENGINEER -OWNER -CONTRACTOR RELATIONS; ARBITRATION: INDEMNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.1.1 Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engi- neer. 7.1.2 Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer is not required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such visits and on-site observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 7.1.3 If Owner and Engineer agree, Engineer will furnish a resident project representative to assist Engineer in observing the performance of the Work. The Resident Project Representative shall work under the authority and direc- tion of the Engineer. The duties and responsibilities of the Resident Project Representative shall not exceed those duties and responsibilities of the Engi- neer as set forth in the Contract. It shall be to the discretion of the Engi- neer to delegate to the Resident Project Representative those duties and tasks that are within the authority of the Engineer to perform. In general, the 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. duties of the Resident Project Representative may consist of, but shall not be limited to, the following: 1. General contract administration 2. Periodic observation of the Work 3. Unit price quantity and record plan measurements 4. Schedule, perform and verify tests and inspections 5. Monitor Contractor's progress performance 6. Provide information for the Engineer's review and decision concerning disputes and defective Work. 7.1.4 Engineer will issue with reasonable promptness such written clarifica— tions or interpretations of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make a claim there -for as provided in Section 10 or Section 11. 7.1.5 Engineer will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or test— ing of the Work as provided in Paragraph 8.10, whether or not the Work is fabricated, installed or completed. The Engineer shall not have charge of or control over the Work and shall have no authority to stop the Work. 7.1.6 Neither Engineer's authority to act under this Section 7 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any manufac— turer, fabricator, supplier or distributor, or any of their agents or employ— ees or any other person performing any of the Work. 7.1.7 If a Resident Project Representative is assigned to the project, the purpose of his efforts shall be to provide a greater degree of assurance to the Owner that the Work is constructed in conformance to the requirements of the Contract. The Resident Project Representative's efforts are for the bene— fit of the Owner alone. Neither his authority to act nor his decision to exercise or not exercise such authority shall give rise to any duty or respon— sibility to the Contractor, any subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other per— son performing any of the Work. The Resident Project Representatives author— ity shall not exceed limitations on Engineer's authority as set forth in the Contract Documents nor shall the Resident Project Representative undertake any of the responsibilities of Contractor, Subcontractors, or Contractor's Super— intendent. 7.1.8 Whenever in the Contract Documents the terms "as ordered", "as direc— ted", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satis— factory", or adjectives of like effect or import are used to describe require— ments, direction, review or judgment of Engineer as to the Work, it is in— tended that such requirements, direction, review or judgment will be solely to — 19 — 1/85 — 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. evaluate the Work for compliance with the Contract Documents. The use of any such term or adjective never indicates that Engineer shall have authority to supervise or direct performance of the Work or authority to undertake respon- sibility contrary to the provisions of Paragraphs 7.1.9 or 7.1.10. 7.1.9 Engineer will not be responsible for Contractor's means, methods, tech- niques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and Engineer will not be responsible for contrac- tor's failure to perform the Work in accordance with the Contract Documents. 7.1.10 Engineer will not be responsible for the acts or omissions of Contrac- tor or of any Subcontractors, or of the agents or employees of any Contractor or Subcontractor, or of any other persons at the site of otherwise performing any of the Work. 7.2. CONTRACTOR'S RESPONSIBILITIES 7 .2. 1. The Contractor shall supervise 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 Con- tract Documents. The Contractor shall be solely responsible for the means methods, techniques, quality of workmanship, sequences and procedures of con- struction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. A competent superintendent, who is acceptable to the Owner, shall be main- tained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as bindine, as if given to the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good discipline and order at the site. The Contractor shall at all times be responsible for the conduct and discip- line of his employees and/or any Subcontractors. All workmen must have suf- ficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman and workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner, or appears to be incompe- tent or to act in a disorderly or intemperate manner shall be removed immed- iately and shall not be employed again in any portion of the Work. 7.2.2. The Contractor's duties with respect to materials, equipment, inspec- tion and workmanship are set forth in Section 8. M►IIM 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 7. 2.3. The Contractor's duties with respect to progress of the work are set forth in Section 3, paragraphs 3.6, 3.7, 3.8 and 3.9. 7.2.4. The Contractor' duties with respect to insurance and bonds, legal responsibility and safety are set forth in Section 6. 7.3. OWNER'S RESPO1,TSIBILITIES 7.3.1. The Owner shall issue all communications to the Contractor through the Engineer. 7.3.2. The Owner shall furnish the data required of the Owner under the Con— tract Documents promptly and shall make payments as provided to the Contractor promptly after they are due. 7.3.3. The Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraph 5.1 and 5.3. The Owner shall make available to the Contractor copies of reports of investigations and tests of subsurface and latent physi— cal conditions at the site or otherwise affecting performance of the work which have been relied upon by the Engineer in preparing the drawings and specifications. Such, reports are not guaranteed as to accuracy or complete— ness and are not part of the Contract Documents. 7.3.4. In connection with the Owner's rights to request changes in the work in accordance with Section 10, the Owner (especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Orders. 7 .3. 5. The Owner's responsibility in respect of certain inspections, tests and approvals is set -forth in paragraph 8.10.2. 7.3.6. In connection with Owner's right to stop work or suspend work, see paragraphs 8.17 and 12.1. Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under certain circumstances. 7.4 ASSIGNMENT OF CONTRACT The Contractor shall neither sublet, sell, transfer, assign or otherwise dis— pose of the Contract or any portion thereof, or of his right, title or inter— est therein, or his obligations thereunder, nor, if this Contractor is a cor— porate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock- in the corporation, without prior written consent of the Owner. In case written consent is given, the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall per— form, with his own organization, Work, amounting to not less than 50 percent of the total original contract price. No subcontracts or transfer of contract or corporate stock shall release the Contractor of his liability under the Con— tract or Bonds. — 21 — 1/85 — 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 7.5 RIGHTS OF VARIOUS INTERESTS Wherever Work being done by the Owner's forces or by other Contractors is con- tiguous to Work covered by this Contract, the respective rights of the various interests involved shall be established by agreement to secure the completion of the various portions of the Work in general harmony. 7.6 SEPARATE CONTRACTS The Owner mate let other contracts in connection with the Work of the Contrac- tor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their Work. It shall be the Contrac- tor's responsibility to inspect all work by other Contractors affecting his Work and to report to the Engineer any irregularities which will not permit him to commence or complete his work in a satisfactory manner. His failure to notify the Engineer of such irregularities shall indicate the work of other Contractors has been satisfactorily completed to receive his Work. The Con- tractor shall not be responsible for defects of which he could not have known through reasonable inspection thereof, which develop in the Work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference between completed work by others and the Drawings. 7.7 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner or Engi- neer and any subcontractor, and no subcontractor shall have any rights under this Contractor's agreement with the Owner. The Contractor's award of sub- contracts shall be subject to the following: 7.7.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the Work. Subcontrac- tors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of mater- ials or equipment), whether initially or as a substitute against whom Owner or Engineer may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award will be deemed acceptable to Owner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. if Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization pro- posed by Contractor after the Notice of Award, Contractor shall submit another acceptable Subcontractor at no change in the Contract Price. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. - 22 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 7.7.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Con- tract Documents shall create any contractual relationship between Owner or Engineer and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any Sub- contractor or other person or organization, except as may otherwise be re- quired by law. Owner or Engineer may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 7.7.3 The divisions and sections of the Specifications and the identifica- ticns of any Drawings shall not control Contractor in dividing the Work among C Subcontractors or delineating the Work to be performed by any specific trade. 7.7.4 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by paragraph 6.1.4. Contractor shall pay each Subcontractor a just Share of anv insurance moneys received by Contractor on account of losses under policies issued pursuant to paragraph 6.1.4. 7.8 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Con- tract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed upon waiver or modification thereof in writing, and no evi- dence shall be introduced in any proceeding of any other waiver or mod4fica- t ion. 7.9 NONDISCRIMINATION IN EMPLOYMENT For Work under these Contract Documents, the Contractor agrees: (a) That in the hiring of common or skilled labor for the performance of any work under this Contract or any subcontract hereunder, no contractor, material supplier or vendor shall, by reason of race, creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; (b) That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or per- sons from the performance of the Work under this Contract on account of race, creed, color or national origin. (c) Violation of this section shall be cause for cancellation or termina- tion of the Agreement between Owner and Contractor. - 23 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 7.10 DECISIONS ON DISAGREEKENTS 7.10.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Engineer for decision which he will render in writing within a reasonable time. 7.10.2 Any claim, dispute, disagreement or other matter that has been referred to the Engineer, except any which has been waived by the making or acceptance of final payment, shall be subject to arbitration under Paragraph 7.11 below upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of the date on which the Engineer has rendered his written decision, or the tenth day after the parties have presented their evidence to the Engineer or have been given a reasonable opportunity to do so, if the Engineer has not rendered his written decision by that date. 7,10.3 If a decision of the Engineer is made in writing and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after the date on which the party making the demand received the decision. The failure to demand arbitration within said thirty days' period will result in the Engineer's decision becoming final and binding upon the Owner and the Con- tractor. if the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. 7.11 ARBITRATION 7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, or barred by failure to demand arbitration within the time limits specified, shall be decided by arbitration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Prearbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Pro- cedure. No arbitration relating to the Contract Documents shall include by consolidation, Joinder or otherwise, any person or entity (including the Engineer), not a party to this Agreement without the written consent of such other person or entity. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 0 7.11.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association and a copy shall be filed with the Engineer. The demand for arbitration shall - 24 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. be made within the time limits specified and in all other cases within a rea- sonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in ques- tion would be barred by the applicable statute of limitations. 7.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration or other legal proceedings, unless otherwise agreed by him and the Owner in writing. 7.12 INDEMNIFICATION To the fullest extent Permitted by law, the Contractor shall indemnify and hold 'harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not lim- ited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) 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, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or in- directly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemni- fied hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would other- wise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. SECTION 8 MATERIALS, EQUIPMENT, INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EQUIP14ENT FURNISHED BY CONTRACTOR 8.1.1 Contractor shall furnish all materials, equipment, labor, transpor- tation, construction equipment and machinery, tools, appliances, fuel, power, light, beat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 8.1.2 All materials used in the Work shall be of good quality, new unless otherwise provided for in the Contract Documents, shall meet the require - - 25 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. meets of the Specifications, and shall not be incorporated into the Work until reviewed by the Engineer. If recuired by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 8.1.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 8.2 EOUTVALENT MATERIALS AND EQUIPMENT Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a par- ticular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers or dis- tributors may be accepted by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent to that named. The procedure for review by Engineer will be as set forth in paragraphs 8.2.1 and 8.2.2 below as supplemented in the General and Specific Requirements. 8.2.1 Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment Contractor shall make written application to Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the sub- stitute for use in the Work will require a change in the Drawings or Specifi- cations to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of anv license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available mainte- nance, repair and replacement service will be indicated. The application_ will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Engineer in evaluating the proposed substitute. Engi- neer may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. Engineer will be the sole judge of acceptabil- ity, and no substitute will be ordered or installed without Engineer's prior written acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. - 26 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 8.2.2 Engineer will record time required by Engineer and Engineer's con- sultants in evaluating substitutions proposed by Contractor and in making changes in the Drawings or Specifications occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating any proposed substitute. 8.3 MATERIALS FURNISHED BY OWNER 8.3.1 Materials specifically indicated shall be furnished by the Owner. Be- fore incorporating any of the materials into the Work, the Contractor shall 0 inspect the materials so -furnished by the Owner. If the Contractor discovers any patent defects in material furnished by the Owner, he shall notify the Engineer. 8.3.2 Unless otherwise noted or specifically stated, materials furnished by the Owner are considered to be f.o.b. the nearest railroad station or truck line. The Contractor shall transport the materials to the job site, unload and properly protect all such materials from damage or loss. The Contractor shall be responsible for material loss or damage after receipt of materials at the point of delivery. 8.4 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and/or they shall be placed under cover and not on the ground. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the Owner or les- see thereof. 8.5 SAMPLES All samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor shall furnish such samples of mate- rial as may be required for examination and testing. All materials and work- manship shall be in accordance with approved samples. All samples of mate- rials for tests shall be taken according to methods provided for in the Specifications. 8.6 FURNISHING OF PRODUCT DATA Product Data are illustrations, standard schedules, performance charts, in- structions, brochures, diagrams and other information furnished by the Con- tractor to illustrate a material, product or system for some portion of the Work. — 27 — 1/85 — 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 8.6.1 The Contractor shall furnish one copy, or such additional copies as may be required by the Special Provisions, of complete Product Data for every manufacturered item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, working pressure, material gage or thickness, brand name, catalog number and general type. 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engi- neer before any of the equipment is ordered. 3.6.3 All data shall be indexed according to specification section and para- graph for easy reference. 8.6.4 After review, this data shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for equipment reviewed by the Engineer does not in any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications unless he has in writing called the Engineer's attention to such deviations at the time of furnishing said data. Nor shall such review C, relieve the Contractor from responsibility for errors of any sort in the items furnished. The Contractor shall check the Work described by the Product Data with the Contract Documents for deviations and errors. 8.6.6 It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shaves or equipment that the final installation shall suit the intent and meaning of the Drawings and Specifications. 8.6.7 Where equipment requiring different arrangement of connections from those shown is allowed, it shall be the responsibility of the Contractor to install the equipment so as to allow for proper operation and in harmony with the intent of the Drawings and Specifications, and to make all changes in the work required by the different arrangement of connections. 8.6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine if they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. In submitting the Product Data, the Contractor certifies that the work represented by the data has been coordinated with the Contract Documents and all relevant field condi- tions. 8.7 QUALITY OF EQUIPMENT AND MATERIALS 8.7.1 In order to establish standards of quality, the Engineer, in the Spec- ifications, has referred to certain products by name and catalog number. This 1/85 — 8505b Copyright 1985 Bonestroo, Posene, Anderlik & Associates, Inc. procedure is not to be construed as eliminating from competition other pro- ducts of equal or better quality by other manufacturers where fully suitable in design unless otherwise specifically stated in the Specifications (see Section 8.2 for substitution procedure). If a product referenced by catalogue name or number is no longer available, Contractor shall recommend to Owner and Engineer another product of comparable quality. 8.7.2 The Contractor shall furnish the complete list of proposed desired sub- stitutions prior to executing the Agreement, together with such engineering and Product Data as the Engineer may require. 8.7.3 The Contractor shall abide by the Engineer's recommendation when pro- posed substitute materials or items of equipment are not recommended for in- stallation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The Engineer will review proposed substitutions and make his recommendation in writing within a reasonable time. 8.8 SHOP DRAWINGS 8.8.1 The Contractor shall provide Shop Drawings, settings, schedules and such other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Engi- neer's instructions. Deviations from the Drawings and Specifications shall be called to the attention of the Engineer at the time of the first submission of Shop Drawings and other drawings for approval. The Engineer's review of any drawings shall not release the Contractor from responsibility for such devia- tions. 8.8.2 Shop Drawings shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and con- struction criteria, materials, catalog numbers and similar data. By submit- ting the Shop Drawings, the Contractor certifies that the work represented by the Shop Drawings has been coordinated with the Contract Documents and all relevant field conditions. 8.8.3 Shop Drawings shall be submitted according to the following schedule: (a) Not less than three copies or such other number of copies as may be required by the Special Provisions shall be submitted with reasonable prompt- ness and in such sequence as to prevent delay of the Work. (b) The Engineer shall, within fourteen (14) days of the submittal of any Shop Drawings, return one copy to the Contractor marked with Engineer's com- ments. (c) The Contractor shall then promptly make any necessary corrections or changes to the Shop Drawings to conform to the comments made by the Engineer. - 29 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. (d) Following completion of such corrections or changes, the Contractor shall promptly resubmit to the Engineer the required number of copies of the revised Shop Drawings. 8.8.4 Engineer will review with reasonable promptness Shop Drawings and samples, but Engineer's review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, tech- niques or Procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate re- view of the assembly in which the item functions. Contractor shall make any corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and resubmit new samples for review. Contrac- tor shall direct Specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner and Engineer that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog num- bers, and similar data or assumes full responsibility for doing so, and that Contractor has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 8.8.5 TATherp a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed by Engineer. 8.8.6 Engineer's review of Shop Drawings or samples shall not relieve Contractor from responsibility for any deviations from the Contract Docu- ments unless Contractor has in writing called Engineer's attention to such C, deviation at the time or submission and Engineer has given written concur- rence with the specific deviation, nor shall any concurrence by Engineer 0 relieve Contractor from responsibility for errors or omissions in the Shop Drawings. 8.9 ACCESS TO AND OBSERVATION OF WORK 8.9.1_ Engineer and Engineer's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional inter- ests will have access to the Work at reasonable times for their observation, inspection and testing, Contractor shall provide proper and safe conditions for such access. 8.9.2 All materials and equipment and each part or detail of the Work shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be responsible for strict adherence to the intent of the Con- tract Documents in regard to quality of materials, workmanship, and the dili- gent execution of the Work. Such observations may include mill, plant, or shop inspection, and any material furnished under these Specifications is sub- ject to such observation. The Engineer and owner shall be allowed access to all parts of the Work and shall be furnished with such information and assist- ance by the Contractor as is required to make such observations. - 30 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 8.10 TESTS AND INSPECTIONS 8.10.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. 8.10.2 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or Dart thereof) to specifically be inspected, tested, or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer the re- quired certificates of inspection, testing or approval. Contractor shall also be responsible -for and shall Pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submit- ted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by Owner (unless otherwise specified). 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdic- tion shall be performed by organizations selected by or acceptable to Owner or Engineer. 8.10.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such ?•ork and Engineer has not acted with reasonable promptness in response to such notice. 8.10.5 Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from his obligations to perform the Work in accordance with the Contract Documents. 8.11 UNCOVERING WORK If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense, If Engineer considers it necessary or advisable that covered Work be visually examined by Engineer or inspected or tested by others, 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, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, Con- tractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, expo - - 31 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. sure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided herein. 8.12 CUTTING AND PATCHING The Contractor shall do all necessary cutting, fixing or patching of the Work that may be required to make its several parts fit together properly, or to properly receive the Work of the various trades, or, as required by the Draw- ings and Specifications, to complete the Work. He shall restore all such cut or patched work as approved by the Engineer. Cutting of existing structure that shall endanger the Work, adjacent property, workmen or the public shall not he done. 8.13 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner and Engineer that all Work, in- cluding materials and equipment, will be in accordance with the Contract Docu- ments and will not be faulty or defective. Prompt notice of all defects shall be given to Contractor upon discovery. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in paragraph 8.15 and 8.16. This warranty and guarantee shall be in addition to and not in limitation of any other warranty or guarantee required by law or by these Con- tract Documents, including the provisions of paragraph 8.14. 8.14 ONE YEAR CORRECTION PERIOD If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific pro- vision of the Contract Documents, any Work is found to be defective, Contrac- tor shall promptly, without cost to Owner and in accordance with Owner's writ- ten instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from, the site and replace it with nondefective Work. If Contractor does not promptly comply with the terms of such instruc- tions, or in an emergency where delay would cause serious risk of loss or dam- age, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replace- ment, including compensation for additional professional services, of Engineer or others, shall be paid by Contractor. This obligation shall survive any termination of the Agreement between Owner and Contractor. 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, either correct any defective Work, whether or not fabricated, ins - talled or completed, or, if the Work has been rejected by Engi- neer, remove it from the site and replace it with nondefective Work. — 32 — 1/85 — 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 8.16 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective 0 Work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Docu- ments, including appropriate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 8.17 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, 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 or any other party. 8.18 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct the defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 8.15, or if Contrac- tor fails to perform the Work in accordance with the Contract Documents (in- cluding any requirements of the progress schedule), Owner may, after seven days' written notice to Contractor, and Contractor's Surety, correct and remedy any such deficiency. In exercising its rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete cor- rective and 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, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount reviewed by Engineer, and such amounts shall be deducted from the Contract Price. Such direct and indirect costs shall in- clude, in particular but without limitation, compensation for additional pro- fessional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contrac- tor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. - 33 - 1/85 - 8505b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. SECTION 9 MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT Except in cases where unit prices form the basis for payment under the Con- tract Documents, the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an itemized breakdown of the Contract Amount having the value, including an allowance for profit and overhead, assigned to each part of the Work. Unless the breakdown of the Contract Amount is objected to by the Owner, it shall be used as the basis for all Requests for Payment. 9.2 REQUEST FOR PAYMENT The Contractor may submit periodically, but not more than once each month, a Request for Payment for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: (a) The Contractor shall submit evidence to establish the Owner's title to such materials. (b) Acceptable provisions have been made for storage. (c) The Contractor shall provide and maintain insurance against all loss, theft, vandalism, damage and similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured, Each Request for Payment shall be itemized and computed from the Work com- pleted on all items listed on the Detailed Breakdown of Contract Amount. Where unit prices are specified, the Request for Payment shall be based on the quantities completed. The Owner shall pay to the Contractor an amount not to exceed 95% of the amount earned under the Contract subject to the approval outlined in Section 9.3 and the provisions of Section 9.4 and 9.5. However, when the Work required under the Contract is 95% or more completed, upon recommendation of the Engineer, such portions of the retained money shall be released as the Owner determines are not required to be retained to protect the Owner's interest in satisfactory completion of the Contract. 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT Within ten (10) days of submission of any Request for Payment by the Contrac- tor, the Engineer shall recommend to Owner: (a) Approval of the Request for Payment as submitted; or, (b) Approval of such other amount as Engineer shall consider is due the Contractor, informing the Contractor in writing of his reasons for recommending approval of the modified amount; or, - 34 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. (c) Withholding of the Request for Payment, informing the Contractor in writing of his reasons for recommending withholding of the Request. 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT Within thirty (30) days from the date of recommending approval of a Request for Payment by the Engineer, the Owner shall: (a) Pay the Request for Payment as recommended by the Engineer. (b) Pay such other amount in accordance with Section 9.5 as Owner shall decide is due the Contractor, informing the Contractor and the Engi- neer in writing of the reasons for paying the modified amount. 0 (c) Withholding payment in accordance with Section 9.5 informing the Contractor and the Engineer in writing of Owner's reasons for withholding payment. 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.5.1 The Owner may withhold payment in whole or in part to the extent neces- sary to protect itself from loss on account of any of the following causes: (a) Violation of any of the terms of the Contract Documents. (b) Defective work not remedied, or completed work which has been dam- aged. 0 (c) Reasonable evidence indicating potential filing of claims by other parties against the Contractor or Owner. (d) Failure of the Contractor to make payments to Subcontractors, materialmen or suppliers. (e) Damage to the Owner or any other person. (f) Contractor's unsatisfactory prosecution of the work. 9.5.2 When any of the above grounds for which payment is being withheld is removed, payment shall be made for the amount withheld. 9.5.3 Should the Owner fail to pay a Request for Payment within 30 days from the date of recommendation of approval by the Engineer and should he fail to inform the Engineer and Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due amount at an annual rate equal to the monthly index of long term United States bond yields for the month prior to the month in which the obligation is incur- red plus an additional one percent per annum. -35- 1/85 35-1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 9.6 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these Conditions of the Contract referred to as "Liens"). 9.7 SUBSTANTIAL COMPLETION 9.7.1 When Contractor considers the entire Work ready for its intended use Contractor shall, in writing to owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a proposed Certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to deter- mine the he status of completion. If Engineer does not consider the Work sub- stantially complete, Engineer will notify Contractor in writing giving his reasons therefor, if Engineer considers the Work substantially complete, Engineer will prepare and deliver to owner a proposed Certificate of Substan- tial Completion which shall fix the date of Substantial Completion. There shall be attached to the proposed Certificate a list of items ("punch list") to be completed or corrected be -fore final payment. 9.7 .2 Owner shall have seven days after receipt of the Certificate during which he may make written objection to Engineer as to any provisions of the Certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within fourteen days after submission of the proposed Certificate to owner notify Contractor in writing, stating his reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Con- tractor a final Certificate of Substantial Completion (with any revised list of items to be completed or corrected) reflecting such changes from the pro- posed Certificate as he believes justified after consideration of any objec- tions from Owner. At the time of delivery of the proposed Certificate of Sub- stantial Completion Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment be- tween Owner and Contractor with respect to security, operation, safety, main- tenance, heat, utilities and insurance. Unless owner and Contractor agree otherwise in writing and so inform Engineer prior to his issuing the final Certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8 PARTIAL UTILIZATIONT Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: — 36 — 1/85 — 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a proposed Certificate of Substantial Completion for that part of the Work, 9.8.2 Within a reasonable time thereafter 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 sub- stantially complete, Engineer will notify Owner and Contractor in writing giv- ing his reasons there -for. If Engineer considers that part of the Work to be substantially complete, Engineer will execute and deliver to owner and Con- tractor a proposed Certificate to that effect, fixing the date of Substantial Completion as to that Dart of the Work, attaching thereto a list of items to be completed or corrected before final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to part of the Work, Engineer will deliver to Owner and Contractor a written recommenda— tion as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the final Certificate of Sub- stantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the richt to exclude Contractor from any part of the Work which Engineer c? has so certified to be substantially complete, but Owner shall allow Contrac- tor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8.4 In lieu of the issuance of a Certificate of Substantial completion as to part of the Work, Owner may take over operation of a facility constituting part of the Work whether or not it is substantially Complete if such facility is functionally and separately usable; provided, that prior to any such take- over, Owner and Contractor have agreed as to the division of responsibilities between Owner and Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect of such facility. 9.8.5 No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect of property insurance. 9.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer will 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 0 - is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. - 37 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 9.10 FINAL APPLICATION FOR PAYMENT After Contractor has completed all items to be completed or corrected to the satisfaction of Engineer and delivered all maintenance and operating instruc- tions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents and other documents -- all as required by the Contract Docu- ments, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Section 9.12), Contractor may make Application for Final Payment following the procedure for progress payments. The Final Application for Payment shall be accompanied by all documentation called for in the Con- tract Documents and such other data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work, In lieu thereof and as approved by Owner, Contractor may fur- nish receipts or releases in full; an affidavit of Contractor that the re- leases and receipts -include all labor, services, material and equipment for which a Lien cot -lid be filed; a representation that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. if I any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or -receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to Owner to indemnify owner against any Lien. 9.11 FINAL PAYN—TENT AND ACCEPTANCE 9.11�1 If, on the basis of Engineer's observation of the Work during construc- tion and final inspection, and Engineer's review of the Final Application for Payment and accompanying documentation, all as required by the Contract Docu- ments, Engineer is satisfied that the Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, Engineer will, within ten days after receipt of the Final Application for Payment, indi- cate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to all applicable provisions of the Contract Documents, Otherwise, Engineer will return the Application to Contractor, indicatitic, in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and re- submit the Application. 9.11.2 If the Application and accompanying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Con- tractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's Final Applica- tion for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. - 38 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 9.11.3 If any remaining balance to be held by Owner for Work not fully com- pleted or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required herein, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any prog- ress or final payment by Engineer, nor the issuance of a Certificate of Sub- stantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to Sections 9.10 or 9.11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contrac- tor's obligation to perform the Work in accordance with the Contract Documents, 9.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 9.13.1 A waiver of all claims by owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final in- spection pursuant to Section 9.9 or from failure to comply with the Contract Documents or the terms of any special warranties or guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 9.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. SECTION 10 CHANGES IN THE WORK 10.1 CHANGE ORDERS Without invalidating the Agreement, Owner may, at an time, order additions, deletions or revisions in th authorized by Change Orders. Upon receipt of a Change C� proceed with the Work involved. All such Work shall applicable conditions of the Contract Documents. if - 39 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. y time or from time to e Work; these will be Order, Contractor shall be executed under the any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 10 or Section 11 on the basis of a claim made by either party. 10.2 FIELD ORDERS Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a Field Order justi— fies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided herein. 10.3 UNAUTHORIZED WORK Additional Work performed without authorization of a Change order will not en— title Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. 10A4 ENGINEER RECOM-FENDATIONS Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by owner, or required because of un— foreseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or because of any other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended by En— gineer. 10>5 NOTICE OF CHANGE TO SURETY if notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Con— tractor shall furnish proof of such adjustment to Owner. 10.6 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increas he shall give the Engineer written notice thereof withi the occurrence of the event giving rise to such claim, given by the Contractor before proceeding to execute t] emergency endangering life or property in which case the teed in accordance with Paragraph 10.7. No such claim so made, if the Owner and the Contractor cannot agree adjustment in the Contract Sum, it shall be referred to dance with Paragraph 7.8. Any change in the Contract S claim shall be authorized by Change Order. 1/85 — 005071b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. in the Contract Sum, .i ten (10) days after This notice shall be .e Work, except in an Contractor shall pro— shall be valid unless on the amount of the :he Engineer in accor— im resulting from such If the Contractor claims that additional cost is involved because of but not limited to (1) any written interpretation of the engineer, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the Owner, Contractor shall make such claim as provided in this Subparagraph. 10.7 WORK DURING AN EMERGENCY 10.7.1 In any emergency affecting the safety of persons or property, the Con- tractor shall act to prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the owner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. 10.7.2 Any additional compensation or extension of time claimed by the Con- tractor on account of said emergency work shall be determined under Paragraph 10.6. (ZVrrPTn'&T 1 1 CHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, re- sponsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. 11.2 CHANGE IN CONTRACT PRICE 11.2.1 Except where unit prices form the basis for payment under the Contract Documents, the Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Owner and Engineer within ten (10) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with sup- porting data shall be delivered within thirty (30) days of such occurrence un- less Engineer allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by Engineer if owner and Contractor cannot otherwise agree on the amount in- volved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 11.2.2 Where unit prices form the basis of payment and the quantity of any item of Work as given in the Proposal is increased or decreased, payment for such item will be made on the basis of actual quantity completed, at the contract unit price for such item. 11.3 BASIS OF CHANGE The method of determining the cost or credit to the Owner resulting from a change in the work shall be determined and mutually agreed upon by Owner and - 41 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. Contractor in advance of performance of the change in work in one or more of the following ways: 11.3.1 By mutual acceptance of a lump sum properly itemized, 11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office ex- pense, overhead, profit and bond), or 11.3.3 By actual cost of the changed work, plus an allowance for overhead, supervision and profit, as defined as follows: 1. The "cost of the changed work" shall mean costs necessarily incurred in the proper performance of the changed work and paid by Contractor at rates not higher than the standard paid in the locality of the work (except with prior consent of the Owner) as more specifically defined as follows: a. The cost of the changed work shall include: (1) Wages paid for labor in the direct employ of Contractor in the performance of the changed work in the field or in the fabrication shop under applicable collective bargaining agreements or under a salary or wage schedule agreed upon by Contractor and owner, plus a payroll markup of 40 percent to cover all overhead items applicable to payroll, such as insurance, taxes, F.T.C.A., workmen's compensation, unemployment taxes, and union benefits. (2) Cost of all materials, supplies and equipment incorporated in the changed work, (3) Cost, including maintenance of all materials, supplies, equip- ment, temporary facilities and hand tools owned by workmen, which are consumed in the performance of the changed work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. (4) Rental charges of all necessary machinery and equipment, exclu- sive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof at rental charges consistent with those prevailing in the area. (5) Cost of additional premiums for all bonds and insurance which the Contractor is required by the owner or contract documents to purchase and maintain and which is incurred as a result of performing the changed work, (6) Sales, use or similar taxes, related to the changed work and for which the Contractor is liable, imposed by any governmental authority. (7) Permit fees, royalties, damages for infringment of patents and costs of defending suits therefore, and deposits lost for causes other than the Contractor's negligence. - 42 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. (8) Losses and expenses, not compensated by insurance or otherwise sustained by the Contractor in connection with the changed work pro- vided they have resulted from causes other than the sole or joint fault or neglect of the Contractor, any Subcontractor, 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 the owner. No such losses and ex- penses shall be included in the cost of the changed work for the pur- pose of determining the Contractor's fees thereon. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services an additional fee computed in proportion to the sum stated above for the original changed work. (9) Cost of "drayage," exclusive of any drayage between shop and job - site, only when Contractor must hire an independent trucking firm and driver to perform special drayage services in performance of the changed work for which Contractor's skills, manpower and vehicles are inadequate, "Drayage" does not include transportation performed or which could have been performed by Contractor's drivers or vehicles but for their use on another project. (10) Costs incurred due to an emergency arising out of the changed work affecting the safety of persons and property. (11) Other costs incurred in the performance of the changed work if and to the extent approved in advance in writing by the owner. (12) Cost of subcontractors in performing the Contractor's work as changed shall be computed in accordance with this paragraph 11.3.3, 0 computed in accordance with clauses 11.3.1, .2, or .3. b. The cost of the changed work shall exclude: (1) Salaries or other compensation for Contractor's officers, execu- tive, general managers, project managers, estimators, engineers, time- keepers, surveyors, mechanics, warehousemen, auditors, accountants, purchasing and contracting agents, draftsmen (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees, whether or not employed at Contractor's principal office, branch office or field office at the job site. (2) Expenses of Contractor's principal office, branch office or job site field office, including without limitation the expense for pick- up trucks, office trailers, storage trailers, rental of office or storage space, telephone, heat, lights, etc. (3) ownership cost of maintenance expenses for Contractor -owned equipment, including without limitation all construction equipment, trucks and vehicles, machines and all other owned equipment required for Contractor's performance of the Work. - 43 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. (4) Cost for purchase and maintenance of tools, materials, supplies and facilities not consumed during construction or incorporated in the work. (5) Contractor's capital expense, including interest on Contractor's capital employed for the work. (6) Overhead or general expenses of any kind, including but not lim- ited to office or fabrication shop overhead or drafting and printing costs, except as may be expressly included in clause 11.3.3.1a above. (7) Costs due to the negligence of Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to injury or damage to persons or property, the correction of defective work, dis- posal of materials and equipment wrongly supplied, or making good any damage to property, (8) The cost of any item not specifically and expressly included in the terms described in clause 11.3.3.1a above. 2.. Allowances for profit, overhead and nonreimbursable costs shall be computed as follows: a. For the Contractor (1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the Contractor's performance and assumed risks as determined in the sole discretion of the Owner) of all reimbursable costs defined in clauses 11.3.3.1a (1) through (12) above, and (2) A minimum of 3% up to a maximum of 7% (as determined at the sole reasonable discretion of the Owner) for the work of subcontractors supervised by the Contractor as computed in accordance with clause 11.3.3. No fee will be allowed on subcontractor work not supervised by the Contractor. (3) For first, second, and other tier subcontractors claiming compen- sation for changed work under clause 11.3.3.1(a) (12), their allow- ances shall be determined at the sole reasonable discretion of the Owner consistent with percentages in subclause (2) directly above. (4) The Owner shall have the right to examine, inspect, copy and audit the books and records of any contractor or subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and properiety of all costs and allowances claimed. -44- 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 11.4 CHANGE OF CONTRACT TIME 11.4.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to Owner and Engineer within ten (10) days of the occur- rence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by Engineer if Owner and Contractor cannot other- wise change agree. Any e in the Contract Time resulting from any such claim 0 0 shall be incorporated in a Change Order. 11.4.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefor as provided in paragraph 11.4.1. Such delays shall include, but not be limited to, acts or neglect by Owner, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 11.4.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this paragraph 11.4 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. SECTION 12 SUSPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Con- tractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be al- lowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Sections 10 and 11. 12.2 OWNER MAY TERMINATE 12.2.1 Upon the occurrence of any one or more of the following events: (a) If Contractor is adjudged a bankrupt or insolvent, (b) If contractor makes a general assignment for the benefit of creditors, (c) If a trustee or receiver is appointed for Contractor or for any of Contractor's property, - 45 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. (d) If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (e) If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, (f) If Contractor repeatedly fails to make prompt payments to Subcontrac- tors or for labor, materials or equipment, (g) If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, (h) if Contractor disregards the authority of Engineer, or (i) If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, Owner may after gibing Contractor and his Surety seven days' written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, con- struction equipment and machinery at the site and use the same to the full ex- tent they could be used by Contractor (without liability to Contractor for trespass or conversion), 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 finish the Work as Owner may deem expedient. In such case Con- tractor shall not be entitled to receive any further payment until the Work is finished, If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to ob- tain the lowest figure for the Work performed. 12.2.2 Where Contractor's services have been so terminated by Owner, the ter- mination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Con- tractor by Owner will not release Contractor from liability. 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable ter- mination expenses, 12.2.4 If, after notice of termination for failure to fulfill contract obliga- tions, it is determined that the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 12.3. - 46 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. 12A CONVENIENCE TEEKINATION BY THE OWNS The Own.. -i. r ese as the right to terminate the Mort,;. Under this contract In whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract, if the Contract is ter- minated for convenience, _ e C:,?ner shall give the Contractor written notice specifying the rent the Wore of the Contract that is being terminated and the effective date of said termination. Upon receipt of the p � notice of termi- nation, the Contractor shall stop work on the date and to the extent speci- fied, The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further ter- minate all Leers and subcontracts relating to the terminated part of the Work, The Owner shall pay the Contractor for the value of the Work terminated as completed to the termination date together with a reasonable profit on the completed :pork, but no damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tang- ible property shall be .made as agreed upon by the Owner and Contractor, The title to any property and materials retained by the Owner shall accrue to the Owner immediately .,roe payment by the Owner to the Contractor, 12.4 CONTRACTOR AA! STOO WORl OR TERMINATE if, through act or _c___.t of Contractor, the Tori: is suspended for a period of more roan ainety days Ny Ouner or under an order of court or other" public authority, or Engineer I Ci__ s - t vn any � f 1 icat? on fo% Payment within % to pay Contractor ap�j` � C sum "y.. _ nail � determined to be due the Con- tractor tracto may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any ex- pense sustained plus reasonable termination expenses. in addition and in lieu of the e _..greeme _t_, if Engineer has fadApplication to act on aApplicationfo N _ - ,- _ ,. Ownerr �-M has � _ to make any payment as aforesaid,Contractor may upon seven days' -notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the progress schedule and .}=thout delay during disputes and disagreements with Owner. SECTION 13 MISCELLANEOUS 13>1 LIMITATION On LIABILITY in no event, either as a result of breach of contract, negligence, or other- wise, shall the Owner or Engineer or then= agents or Employees be liable for damages or loss of proVits, loss of use; loss of revenue, loss of bonding ca- pacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Omer and Engineer for any loss, claim, or damage aris— ing out of this agreement or the performance or breach thereof, shall be lim- ited to the value of the work performed. - 47 - 1/85 - 8507b Copyright 1985 3onestroo, kosene, Anderlik & Associates, Inc. 13.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not 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 law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specif- ically in the Contract Documents in connection with each particular duty, ob- ligation, right and remedy to which they apply. All representations, warran- ties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement, 0.3 PUBLIC COOVENIEWCE The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and prcpsrtyNo road or street shall be closed to the public except with the permission of the CWner and proper governmental authority, Fire hydrants on on adjacent to the Work shall be kept accessible to fire -fighting equipment at all times, Temporary provisions shall be made by the Contractor to insure the use of sidewalks and che proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed, 13.4 CROSSING UTILITIES, ETC, Where the prosecution of the Work results in the crossing of highways, rail- roads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written permis- sion from the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner and Engineer before any Work is done, The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Engineer before final acceptance of the Work is granted, !K5 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary facilities for the use of his employees and those of his Subcontractors as may be necessary to comply with the laws, rules or regulations of the Federal, State and local govern- ments, or agencies or departments thereof, 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc, 13.6 PRESERVATION OF HISTORICAL OBJECTS 13.6.1 Where historical objects of potential archeological or paleonto- logical nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangments for their disposition or has recorded the desired data relative thereto. 13.6.2 The Contractor shall immediately notify the Owner of any historical objects he may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the Owner. 13.6.3 The Owner shall have the right to restrict or suspend the Contrac- tor's operations in the immediate area where historical objects are dis- covered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages he might suffer as a result thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. 13.7 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreason- ably encumber the premises with construction equipment or other materials or equipment. - 49 - 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik & Associates, Inc. FORM OF AGREEMENT THIS AGREEMENT, made and signed this z day by and between the City of New Hope , hereinafter called the "Owner". and Uni- versal Applicators, Inc. , hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the con- sideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and exe- cute all the provisions of the plans and specifications as prepared by Bone- stroo, Rosene, Anderlik & Associates, Inc., of St. Paul, Minnesota, and indi- cated below under ARTICLE IV, as provided by the Owner for: Ice Arena Reroofing - Project No. 420 and to do everything required by this Agreement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Con- tract shall be fully and satisfactorily completed on or before February 27-, 1987. ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file in the office of the Clerk, CitX of New Hope , the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $113,544.00* . Contract awarded on basis of Alternative 1 ($94,140.00) plus I -C ($19,404.00) = $113,544.00. ARTICLE IV. The Contract Documents shall consist of the following compo- nent parts: (a) Drawings (b) Specifications (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance and Payment Bond; (6) Agreement; (7) Detail Plates and other drawings attached to specifications; - 50 - 078le This Agreement, together with the documents hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if at- tached hereto or herein repeated. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: In the presence of: The City of New Hope (sea!) Universal Applicators,,Inc. CONTRACTOR BY Peter J. Johnston President TITLE - 51 - 078le PERFORMANCE BOND BOND NO. 47-0120-10701-86-7 KNOW ALL MEN BY THESE PRESENTS: that Universal Applicators, Inc. as Principal (hereinafter called Contractor) and, UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety (hereinafter called Surety) are held and firmly bound unto the City of New Hope as Obligee (hereinafter called obligee) in the amount of One Hundred Thirteen Thousand, Five Hundred Forty-four and no/100* Dollars ($113,544.00*), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Contract awarded on basis of Alternative 1 ($94,140.00) plus I -C ($19,404.00) = $113,544.00. WHEREAS, Contractor has by written agreement dated 19 86, entered into a contract with the Obligee for construction of Ice Arena Reroofing - Project No. 420 in accordance with Drawings and Specifications prepared by Bonestroo, Rosene, Anderlik & Associates, Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Con- tract. NOW, THERE -FORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac- tor shall promptly and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obligations specified therein, and shall promptly and faithfully remedy any breach of its obligations under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unex- cused late completion, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration, changes or extension of time made by the Obligee. Whenever the Contractor shall be, and declared by the Obligee to be in de- fault under the Contract, the Surety may promptly remedy the default, or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or if appropriate, - 52 - 078le (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety, and make available as Work progresses (even though there shall be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion and other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth in the first paragraph here- of less the balance of the contract price. The term "balance of the contract price," as used in this paragraph shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contractor, of if appropriate, (3) Promptly pay such sums to the obligee as the obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof, but not exceeding the amount set forth in the first paragraph hereof. The surety agrees to be bound by any award granted to the Obligee against the Contractor in arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accrue on this bond to or for the use of any per- son or corporation other than the Obligee named herein or the successors of the Obligee. Signed and sealed this,-, day of 19 — Witness Universal Applicators, Inc. By Signature Peter J. Johnston (Typed or Printed name of Signer) Title President By _ Signature (Typed or Printed name of Signer) Title (If the contractor joint venture, all turers must execute - 53 - 078le is a partnership or partners or co-ven- this Bond.) Witness 078le UNITED STATES FIDELITY AND GUARANTY COMPANY Surety BALTIMORE, MARYLAND Address (612) 341-4541 Phone.\ ` o. By Signature M. GLENNON, ATTORNEY-IN-FACT (Typed or Printed Name of Signer) Title 375 JACKSON STREET ST. PAUL, MINNESOTA 55101 (Local Address & Telephone Number) (612) 227-8851 (The attorney-in-fact shall attach here- to a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) - 54 - CORPORA' STATE OF Minnesota COUNTY OF Washington SS. On this 8th day of December 19 86 befor personally appeared petJ. Johnston t T��T`E OB ;0 peter , to me know, who, being Yn me first duly sworn, did depose and say that he resides in Centerville, MN. Before 3, that he is the President of UNIVERSAL APPLICATORS, INC. - Iknown to rr ai the Corporation described in and which executed the foregoing instrument; that he 'viaryland C the corporate seal of said corporation; that the corporate seal affixed to said in ture and th is such corporate seal; that it was so affixed by order and authority of the Board and author; o: Directors of said corporation. and that he signed y � p fined his name thereto b h�ce order a free act an( ee authority. Coven ie .. J idly Commission expiX Jud. 876 (9-57) .. to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this l l tr day of October A. D. 1984 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND, ss: BALTIMORE CITY, (Signed) By.... Y.... p...4....Schlough......... ... .. .. .. .. ........... Vice -President. Robert G. Bruce (Signed) ........................................... llssistant Secretary. On this 11th day of October , A. D. 1984 , before me personally came W. Schlough , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G. Bruce , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said P. W. Schlough and Robert G. Bruce were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the sea] of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 1986 (SEAL) (Signed) Margaret M. T1u_rst ........................................... Notary Public. STATE OF MARYLAND BALTIMORE CITY, I Sct. 1, Saundra E. Barks Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, and verily believe the signature to be his gen,- %Je signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this lith day of October A. D. 198E (SEAL) (Signed) SauncLra E. Banks Clerk of the Circuit Court for Baltimore City. FS 3 (1-83) I LIM I 15t COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance oolicies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. I, F. i. Willey , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to E. D. Richards, R. B. Fleisch_hacker, G. E. Person, E. A. Stuh?, M. Glennon, john B. Land, D. E. Sell and Terry Starks of St. raui, Minnesota authorizing and empowering them to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Director= of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on tO (." Z - (Date) (Date) ...........Ass' ntSecretary..... CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) STATE OF MINNESOTA Ss. COUNTY OF On this day of j 19 , before me personally appeared to me known to be the person described in and who executed the foregoing bond, and acknowledged that heexecutedthe same as free act and (teed. Notary Public (Notarial Seal) CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) STATE OF MINNESOTA SS. COUNTY OF Washington On this 8thday of December -, 19 86 , before me personally appeared Peter J. Johnston and Larry W. Nelson $ to me personally known who, being by me duly sworn, did say that they are re- spectively the President & Vice President of UNIVERSAL APPLICATORS, INC. that the Seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said Peter J. Johnston and Larry W. Nelson acknowledged the instrument to be the� -free act and deed of said corporation. Notary,,/Public (Notarial Seal) UNITED STATES FIDELITY AND GUARANTY COMPANY BALTIMORE, MARYLAND Full Name of Surety Company Home Office Address M. GLENNON W. A. LANG CO. ST. PAUL, MINNESOTA Name of Local Agency Address of Local Agency ATTORNEY-IN-FACT If this bond is executed outside of the State of Minnesota, it must be counter- signed on the Performance Bond by a Minnesota resident agent of the Surety Company. Name of Agent affixing countersignature Address MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. -55- 1/85 55- 1/85 - 8507b Copyright 1985 Bonestroo, Rosene, Anderlik LABOR AND MATERIAL PAYMENT BOND BOND NO. 47-0120-10701-86-7 KNOW ALL MEN BY THESE PRESENTS: that Universal Applicators, Inc. as Prin- cipal, (hereinafter called Contractor) and, UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety (hereinafter called Surety) are held and firmly bound unto the City of New Hope as Obligee (hereinafter called Obligee) for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Thirteen Thou- sand, Five Hundred Forty-four and no/100*Dollars ($113,544.00*), for the pay- ment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Contract awarded on basis of Alternative 1 ($94,140.00) plus I -C ($19,404.00) = $113,544.00. WHEREAS, Contractor has by written agreement dated z,: entered into a contract with Obligee for construction of Ice Arena Reroofing Project No. 420 in accordance with Drawings and Specifications prepared by Bonestroo, Rosene, Anderlik & Assocs. , Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac- tor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall keep the Project free and clear of all liens as pro- vided in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. Claimant is defined as one permitted by applicable law to file a Pub- lic Contractor's Bond claim for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premi- ums, taxes, and any items for which a claim or lien may be filed against the Obligee under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. -56- 0781e 56-078le 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant shall have filed a public contractors bond claim in the form and within the time provided under applicable law, or (b) After expiration of time for enforcement of a public Contractors bond claim by legal action. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. 6. The Obligee's right of action on this bond, or for the breach thereof, shall not be limited by the conditions set forth in paragraphs I through 3 above. Universal Appl Contractor By ors nature' Peter J. Tobnqt- (Typed or Printed name of Signer) Title President Witness By Signature (Typed or Printed name of Signer) Title (If the contractor is a partnership or joint venture, all partners or co -ven- turers must execute this Bond.) - 57 - 078le o 1 Witness (I UNITED STATES FIDELITY AND GUARANTY COMPANY Surety BALTIMORE, MARYLAND Address (612) 341-4541 Phone No; By Signature M. GLENNON, ATTORNEY-IN-FACT (Typed or Printed Name of Signer) Title ST. PAUL, MINNESOTA 55101 Local Address & Telephone Number (612)227-8851 (The attorney-in-fact shall attach here- to a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) —58- 078le CERTIFIED COPY GENERAT. POWER n>a aTTnnTzVv ATTORNEY -IN- F ACT AFFIDAVIT f the MINNESOTA - STATE OR COMMONV�IEADTII OF_ ss* point COUNTY OR CITY OF RANiSEY Before me, a Notary Public, personally came M. GLENiVON known to me, and known to be the Attorney -in -Fact of United States Fidelity and Guaranty Company, a Maryland Corporation, which executed the attached bond as surety, who deposed and said that his signa- ture and the corporate seal of said United States Fidelity and Guaranty Company were affixed by order and authority of said Company's Board of Directors, and that the execution of the attached bond is the tree act and deed of United States Fidelity and Guaranty Company. and vTY Given under my hand and seal this day of1 f'� , 19 TES Notary Public. g My Commission exhLrQS_ Jud.876 (9-07) me satu-o-iiiLv �I: l"1 5 FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this lith day of October A. D. 198 UNITED STATES FIDELITY AND GUARANTY COMPANY. Schl (Signed) By.... .. .Y. .....gh ..................I........... Vice -President. (Signed) Robert G. Bruce ........... ............ Assistant Secretary. STATE OF MARYLAiND, ss: BALTIMORE CITY, On this 11th day of October A. D. 1984 , before me personally came , W. Schlough Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Robert G. Bruce , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said P. W. Schlough and Robert G. Bruce were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 1986... Margaret M. Hurst ( SEAL) (Signed)........................................................ Notary Public. STATE OF MARYLAND BALTIMORE CITY, Set. I Saundra E. Barks Clerk of the Circuit Court for Baltimore City, which Court is a Court of Record, and has a sea], do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by Iaw to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said :Votary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City, the same being a Court of Record, this 11th day of October , A. D. 1984 (SEAL) (Sued)Saundra E. Banks ....................................... ..................... Clerk of the Circuit Court for Baltimore City. FS 3 (1.83) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of ' _nada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, F , J , W i 1l e , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to E. D. Richards, R. B. Fleischhacker, G. E. Persons, E. A. Stun?, r41. Glennon, john B. Land, D. E. Sell and Terry Starks of St, Paul, Minnesota , authorizing and empowering thein to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November, 1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct cony of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY C0MPANY on (Date) ✓ ...........Ass- ntSecretary..... IN Ronestroo, Rosene, Anderlik & Associates, Inca OuoG. Boneslroo. P.E. Glenn R. Cook. P.E. --- — - — — ----- Robert W. R-ene, Y.1: Keith A. Gurdon, P.E. O Joseph C. Anderltk. 11.1; 1'huttas E. Noyes, P.E. Bradford A. Lemberg, P.E. Richard W. Foster, P.E. 2335 W. Trunk Highway 36 Engineers & Architects Richard E. Turner, P.E. James C. Olson, P.E. Robert G. Schunicht, P.E. Marvin L. Sorvala, P.E. St. Paul, MN 55113 Donald C. Burgardc, P.E. 612.636.4600 Jerry A. Bourdon, P.E. Afork A. Hawn. P.£. Ted K. Field, P.E. .Michael T Routrmunn, Y.E. June 3, 1986 Ruben R. l'JeJJerle, P.E. David O. Loskutu, P.E. Ihwnus W'. Niv son, Y.£. Alit had C. Lynch, P.E. Corrick & Sondrall, Attorneys at Law Karen L. Willis. P.E. James R.Maland,P.£. 3811 W. Broadway Kenneth P. Anderson, P.E. Robb ins dale, MN 55422 h'eilh A. Bachmann, Y.E. AfarkR.Rul/s,Y£. Ruben C. Russek. A.I.A. Attn: Mr. Steve Sondrall Thomas E. Angus, Y.E. S, (ill 1, Yuunr. I'..11. Re: Roof Warranty Leo M. Pu welsky Harlan Af. Olson Ice Arena Susan W. Eberbn City of New Hope File No. 7334L Dear Mr, Sondrall: Enclosed is a copy of the roof warranty for the New Hope Ice Arena as reques- ted. We are also sending the second copy that was in our file to the City Ad- ministrator. The original of the warranty was transmitted to the City in March, 1976. You will note that the warranty covered a five (5) year period - or to Decem- ber 1, 1980. Berwald Roofing Company, however, had made the necessary repairs through 1985. The roof that was originally installed was the "state of the arts" at the time. Since then, other more efficient and reliable systems have been devel- oped, tested and are now being utilized. The system proposed for the re -roof- ing carries a full twenty (20) year warranty for materials and labor. If there are any questions, please feel free to contact our office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Bradfor A. Lemberg, P.E.I BAL:li Encl. cc: Mr. Dan Donahue 5480d 30 Year Anniversary if CU :Ici (D:Y 'Sion n u- n t}r= ,,,:-...�G�t ✓ C.. iii �ti ., .. G?,,.:, i.!vU ee :r.'3, ,. a.,:"icG�3 {15, :v'".i. .,:,s-�. .: !u- _ 3 -5o, -9-59C, March 10, g, 76 Bonestroo 'Zosene Anderlik & Associates Inc. Municipal Ice Arena _ __ 2335 lies-t--T-runk_�-iighw-av 36 New Kope,Minnesota ___S.t paul, Minneao a 55113 _ Z; ` . �_:�._,. �. . ,,. _ ` v �G_.. 17 E L -t' and/or distribution 0 S 2 Ol P E 1.. 0750 Five Year Roofing Guaranty as furnished by Berwald Roofin Co. Inc. il�JE. l...,.... .... .v _. - approved ...:+c f E.,., .._. _x _ flel,....... f, ice He coff_✓ J L _ SIGNED 4 A. M' Mahnerd, ;Project Ma, ager ED....tont o Actor vo ,sI -V c_lon C'o `"-,,f a ✓. ... �.'yr.�. ..: r1, ROOFING GUARANT"2.' WHEREAS2 BERU AL D ROOFING 00.9 INC. of +PAUL, 2440 NORTH CHARLES STREET NORTH ST. MINNESOTA hereinafter called thC- Roo v^rt _ of SiuS fur n.'_shed and applied a ! roofing a,'_"d composition flashings in accordance .i.._ the Contract oi.l;tiiic:n.✓s 4.._..0 as G .t;i]_ d for the roofingmaterial Manufacturer's Specification on the building ing descr e below: Date of Substantial Completion: ion: December 1, 1975 3uilding: New Hope Ice Arena Loca tio_ q- 100 49Lh Avenue North Owner: City of New Hope Architect: Bonestroo, Rosene, Anderlik and Associates, Inc. ROOFING DESCRIPTIO -Ir -l', Type and Approximate Area ea o Roof: 2400 Shingles - 230 squares S.I.S. - 145 squares Thickness I Tye o., Roof insulation: 1„ Polystyrene and AP Fesco Manufacturer of Roo* insulation: Snow—Larson and Johns -Manville Type of eriai: Shingles and S.I.S. Manufacturer o f Roofing to __v_l . G A F Co. Manufacturer's Snecification No.: '19c) TOW7 $ Roofing '`..ontr ecto! guarantees ;o the .Jw er, subject to the i1mizs stated hereinafter to maintain, at Roofing Contractor's own expense, all roofing work weather and water " tight ecess tori by normal ..tear and .. r of the elements is or b.7 defective materials or workmanship, for a period G*1 five (5) years after the Date of Substantial 'itlal Co np`.etion of the '_"o ject and said Guarantor shall extend to December 19 1980 E.r_v`_tiSTIONS: This Guaranty does not Cones and the Roofing Contractor shall -20t b liable ab le for the following: 1. Damage to the roofing caused by fire, lightening, tornado, hurricane, gale, hailstorm of other unusual natural phenomena. 2. Damage to roofing caused by significant settlement, distortion or faulure of roof deck, walls or foundations t=0?tc o' building. 3. Damage to building ing or its contents. s. 4, Damage to roofing due to mechanical abrasion or abuse not caused by Roofing Contractor. REPAIRS: Owner shall promptly tip' Y?otif Roofing Contractor, in writing, of the Beed of repair of roofing and oro ide him opportunity to inspect roof. Roofing Contrector will immediately insuect the roof. Following such inspection: 1. Roofing Contractor will, at his o;:il expense, rmake such repairs as are required by this Guaranty. 777-7411 Page Two (2) 2. in case required repairs are not covered by the Guaranty, Roofing Contractor, after having obtained Ownerva consent, in writing, will make such rep-irs nt Owner's expense in accordance with the specifications and procedures as established Q Roofing Contractor, Following said repairs, this Gurranty shall thereupon remAin in affect for the unexpired portion of the original term. if Owner does nct consent and repairs are made by one other than Roofing Contractor, this Guaranty shall terminate for these its of the roof affected by he repair, 3. in case any Work is to be done an roof including modifications, alternations, extension or addition to roof and including installing Vents, platforms, equipmentg bracing s or fastenings. Owner shall first notify Roofing Contractor and give Roofing Contractor opportunity to make recommendations as to methods necessary to safeguard against damage to roofing covered by this Guaranty. Failure of Owner to notify Roofing Contractor or failure to following methods recommended by him shall render this Guaranty null and void to extent such faulure should result in damage to roofing covered by Guaranty. 4, in the event that (a) Owner notified Roofing Contractor of the need for repair of roofing and, (b) Roofing Contractor cannot immediatley inspect and repair same, CA Roofing Contractor disclaims responsiblity, (d) Roofing Contractor's quoted cost for repairs, which is claimed as not his responsibility, is an unreasonal be price and, (e) and emergency condition exists which required prompt repair to avoid substantial damage to Owner, then Owner may make such Amporary repairs as he finds necessary and any such action shall not be a breach of the provisions of this Guaranty. INSPECTION SERVICE: Roofing Contractor agrees without further notice from Owner, to reinspect the roofing annually for the number of years stated above after the Date of Substantial Completion of the Project and if it is determined that there are defects in the roofing, then Roofing Contractor will make such roofing reppirs as are necessary to remedy said defects within the scope of his responsibility under the terms of the Guaranty, At time of these inspections, Roofing Contrpntor agrees also to regravel, apply bitumen, cut and repair blisters and ridges, recoat flashings, remove bitumen drips and runs, remove debris on roof and perform similar work to maintain the roofing in perfect condition. All maintenance work to be performed in accordance with the Project Specificptions and this Guaranty, 1. if Roofing Contractor fails to provide inspection service within thirty days of the above required Jags, he agrees that period of Guaranty all be extended by the number of days in excess Ol thirty, that inspection service is delayed, unless prior written approval to delay is obtained from Owner. 2. inspection service shall be performed by Roofing Contractor in presence of representative designated by Owner and the Roofing Contractor shall submit a written report of inspection findings to Architect/Engineer and Owner. in the event that Roofing Contractor does not perform the services and remedial or required by this Guaranty, the General Contractor shall cause the Work and services 777-7411 _e " Page Three W tO be done by a requtable roofer approved by the Architect/Angine-er andCom'? nere Roofing Contractor has cauaed this instrument to be signed and sealed by its duly authorized officer this Anth —day of Oxch 1976 0 Title: Vice President For Roofing Contractor Title: For General Uontractor Sea!:- 7/84 — Item No. 127 a IR M-4 ETA _- Warranty l� 2 021791 Roo Drawin rr C17114 (35,885 s f) Building Owner City of New Hope New Mope ce reana Address of Building th Ave . , N . , New Hope , YIN Date Installation Completed 7/03/87 Date of Final Acceptance 7/16/87 Roof Approved By Barbara J. Bridges Roofing Contractor Universal Applicators, Inc. For a period of 10(Ten) years commencing from the date of final acceptance indicated above, Firestone Building Products Company, Division Of The Firestone Tire & Rubber Company ("Firestone") guarantees to the Building Owner ("Owner") above that, subject to the terms, conditions and limitations stated herein, Firestone will repair any leaks caused by workmanship or Firestone supplied materials in the RubberGard Roofing System at the above building. Firestone's repair obligations over the life of this guarantee are limited to the Owner's original cost of the RubberGard Roofing System installation. TERMS, CONDITIONS, LIMITATIONS 1. Owner shall provide Firestone with written notice within thirty (30) days of the discovery of any leaks in the roofing system. 2. If upon inspection, Firestone determines that the leaks in the roofing system are caused by defects in the RubberGard Roofing System material or workmanship of the Firestone Authorized Roofing Applicator (except as provided in paragraphs No. three (3) and No. four (4) Owners remedies and Firestone liability shall be limited to Firestone repair of the leak subject to the cost limitation set forth above. 3. Firestone shall have no obligation under this warranty until it has received payment in full for all materials and service and all bills for installation, supplies, and service have been paid in full to the Firestone Authorized Roofing Applicator and materials suppliers. 4. Firestone shall have no obligation under this warranty in the event that: (a) The Roof is damaged by extraordinary natural forces, including, without limitations, winds equal to or in excess of strong gales, hurricanes, tornadoes, as defined by the Beaufort Scale, wind launched debris, lightning, earthquakes, or other similar acts of God or natural causes; (b) The Roof is damaged by willful or negligent acts including, but not limited to fire, vandalism, labor strikes, civil uprisings, acts of war or other misuse. (c) The Roof is damaged by use of materials not furnished by Firestone; (d) The Owner or leasee fails to use reasonable care in maintaining the roof; (e) The Roof is damaged by structural failures, including, without limitation, settling or shifting of the building, or movement, cracking or deflection of the roof deck, roof substrate or roofing insulation; (f) The Roof is damaged by special chemical conditions not disclosed to Firestone; (g) There are any alterations or repairs made on or through the Roof or objects (including, without limita- tion, machines, structures, fixtures, or utilities) are placed on the Roof without prior written authorization of Firestone; or "t (h) The Owner or Leasee fails to comply with any material, term or condition of this warranty. 5. During the term of this Guarantee, Firestone, its agents or employees, shall have free access to the roof dur- ing regular business hours. 6. Firestone's failure at anytime to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision. 7. Firestone's good faith determination of the cause of leaks or damage to the Roof shall be conclusive. THIS WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EX- PRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY SHALL BE THE OWNER'S EXCLUSIVE REMEDY AGAINST FIRESTONE WITH RESPECT TO THE ROOF, AND FIRESTONE SHALL NOT BE LIABLE FOR ANY CONSEQUEN- TIAL OR INCIDENTAL DAMAGES. FIRESTONE AGENTS HAVE NO AUTHORITY TO GIVE WARRANTIES BEYOND THOSE PROVIDED IN THIS WARRANTY. FIRESTONE BUILDING PRODUCTS COMPANY By: Edw# x d G. Kane Authorized Signature: Title: M ager, Product Services Dated: 9/11/87 FIRESTONE BUILDING PRODUCTS COMPANY . DIVISION OF THE FIRESTONE TIRE & RUBBER COMPANY 3500 WEST DEPAUW BLVD.. INDIANAPOLIS, IN 46268 fri�46Y `'3 ._ .;✓ .,„ Ej `'' 31i '' r�.,t� 3 .� !i`r?4, ri 5 h �r-''' �' rr'`'v'',,�''-a°'*'',":ori :';E!'>T,"�;�. Your building is now protected by the Firestone RubbedGardrm Hoofing System. In order to onuuna a long service life and avoid onat|y napairo. Firestone recommends the following for the care and maintenance ofyour RubberGardRoofing System. 1. Ensure that all drain areas and drains aro o|nenod on u regular basis. This will allow for proper water run-off and avoidoverloading the roof with ponding water. 2. Ensure that the roof membrane is notexposed to liquids such as solvents, gveaaee, oils, and petroleum products aethese may adversely affect the membrane. a) If the membrane is subject to contact with any type of ohonnica|, you should contact Firestone immediately. b) Should petroleum products, solvents, greases, oi|o, etc. come incontact with membrane, clean area immediately with hoptano,unleaded orwhite gas. 3. If there is to befoot traffic on the roof for equipment maintenance orother reasons, on aregu|ar basis (30 days or less in frequency), protective walkways should be provided. 4. All oounterf|aohing' metal work drains, equipment curb and supports, and any other rooftop ac- cessories functioning )nconjunction with the membrane roofing system must be kept properly maintained *dall times. Firestone encourages an annual roof inspection program be arranged, that utilizes qualified employees ofthe roofing applicator toperform this function. 5. |fany additional equipment is to be installed on your roof (e.g. HVAC units, TVantennas, etc.), contact Firestone, in writing, for approval before proceeding. 6. Should there be an addition to the building, requiring tie-in to the existing RubberGard Roof, con- tactFireatonetoenoun*thetie'inieinauonndonoewithFiroatonoapocifioedione. 7. Caution all tradesmen servicing roof equipment that you have a rubber roof, and that they should proceed accordingly. 8. Should you have aleak: a) Determine cause of leak (it may be the result of a clogged drain, loose counterf lashing, etc.). b) Contact a Firestone Licensed Applicator (preferably the one who installed your roof). c) If necessary, make temporary repairs with Firestone Lep Sealant orother non -petroleum base caulking. d) Never use roof cement for installation or repair of membrane or flashing, as it contains petroleum products. o) Notify Firestone ofthe |eak, in writing, as noon as possible (within 30 days). The Firestone RubberGard membrane and flashing requires no maintenance. We, at Firestone, feel that the preceding guidelines will assist you, the building ovvno[ in maintaining a Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612-636.4600 March 19, 1986 City of New Hope 4401 Xylon Avenue No. New Hope, MN 55428 Attn: Mr. James Corbett Ice Arena Manager Re: Ice Arena Roof City of New Hope File No. 34 Dear Mr. Corbett: Engineers & Architects Ono G. Bonestroo, P.E. Robert W. Rwene, P.E. Jwrph C. Ander", P.E_ Bradford A. Lrmberg, P.E. Richurd E. Turner, P E. fumes C. Olson, P.E. Glenn R. Cook, P.E. K'nh A. Gordon, Y.E. l humus E. Noyes, P.E. Richard W. Foster, P.E. Robert G. Schumchi, P.E. Marvin L. Sorvula, P.E. Donald C. Burgardl, P.E. Jerry A. Bourdon, P.E. Murk A. Hansun, P.S. Ted A. Fuld, P.E. Michael T. Ruutinunn. K£, R.lwrt R. PJejjerle. P.E. David O. Lwtuiu. P.E. Thumas W. i'etersun, P.£. htichuei C. Lynch, AE. Karen L. Willis, P.E. James R. Maland, P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, P.E. hfurk R. Ru(h. P.E. Robert C. Ru k, A.I.A. Thomas E. Angus, P.E. L. Young, P.£. Charles A. Erick son Leo At. PuweBky Harlan M. Olaun Susan M. Eberlin We are aware of the fact that the ice arena roof is again leaking. We have requested Berwald Roofing to make the necessary repairs to alleviate the prob— lem. As you know, the warranty on this roof has expired, therefore, we cannot ex— pect the roofing company to continue to repair the roof. On August 30, 1985 a letter was prepared by our office concerning this prob— lem. (A copy of said letter is attached for your reference). This letter outlines the repairs suggested by Berwald Roofing. We have recently been in contact with Berwald and they feel that their cost estimate is still valid. We have also investigated the possibility of installing a single sheet EPDM membrane roof over the entire facility. This would also allow the installa— tion of additional roof insulation which would, over a period of years, pro— vide a considerable cost saving in energy usage to the City. This type of system was not yet available at the time of the arena construction. The EPDM membrane roof provides a full 20 year warranty on both materials and labor, whereas the repairs that- are suggested by Berwald_ Roofing would only have a very limited warranty since the remainder of the roof will, in a short time, also need repair. The installation of a membrane roof ayatem, based on estimates received from one of the best roofing companies in the upper midwest would be as follows: 1. Without additional insulation — approximately $3.00/sq.ft. 2. With 11�" Urethane insulation providing an additional R-10 insulation factor — approximately $3.50/sq.ft. Page 1. 4041d 30 Year i J City of New Hope New Hope, MN Re: File No. 34 March 19, 1986 The arena roof, based on actual surface area, contains 35,625 sq.ft., there- fore, the estimated total EPDM installation costs are: 1. Without insulation $106,875 2. With insulation $124,688 We are extremely concerned about the arena roof structure due to the leaking problems. Continued wetting of the wood decking, purlins and arches can cause detrimental deterioration and rotting. This in turn will decrease the struc- tural stability of the roof system. If allowed to continue, this will result in very expensive structural repair costs. We, therefore, recommend that im- mediate action be taken to remedy the situation. It is our strong recommendation that the City consider the installation of a complete EPDM roofing system with the addition of the additional insulation to provide a long range, efficient, cost and energy efficient roof. If there are any questions on this matter or if you wish to have us appear be- fore the City Council on this matter, please feel free to contact our office. Yours very truly, B0, STR00, ROSENE, ANDERL" ASSOCIATES, INC. Brad ordA. Lemberg, . BAL:li ` Encl. cc: Mr. Dan Donahue, City Mgr. Ms. Sherrie French, Park Dir. Page 2. 4041d TO: Dan Donahue, City Manager FROM: Shari French, Parks and Recreation Director DATE: April 24, 1986 RE: ICE ARENA ROOF Attached are reports from Jim Corbett and Brad Lemberg. As you know Brad is strongly recommending a complete EPDM roofing system with additional insulation at a cost of $124,688. He tells me that the pay back on the insulation is 3-5 years. He also said that the new type of roof is guaranteed for a full 20 years for materials and labor. As he says, his main concern is the possibility of damage to the arena wood decking, purlins and arches from the leaking water. Jim Corbett is being as fiscally conservative as possible as he recommends repairing the top portion of the roof at an estimated cost of $12,000. He thinks that the new roofing on the top would last about 7-8 years. Brad agreed that a rolled, shingle roof would last about 7-8 years. Obviously you don't have any roof experts in the Parks and Recreation Department. We must rely on the good advice from our experts while using our own good common sense. Jim has taken a look at the Arena's CIP budget for the next five years and made a recommendation based on repairing that roof for $12,000. If we go to $125,000 we can shift some of the CIP needs into the early 1990's but not $125,000 worth. We are investigating the possibility of leasing the Zamboni. Zamboni has not had such a request before so they are getting input from their main office on how and if to proceed on such a request. Advertising can be sold on that for approximately $3,000 per year, so over 10 years we can expect to bring in at least $30,000. That, of course, still does not bring in the funds needed now but perhaps if a lease arrangement is agreed on that will help the cash flow. As far as the score board goes, we will sell advertisements on that, too, to help cover some of the cost. At this point I'd recommend going with the full roof as Brad describes if that kind of funding is now available. Who knows what that roof may cost in 7-8 years if only the top is repaired now? If funding is 'not available, Jim is confident that a new top roof would be a stop -gap for 7-8 years. If he's wrong and it doesn't work, we may possibly be looking at some kind of major structural damage according to Brad and so a much higher repair bill later on. We would like to have a decision soon as the work should be done soon to prevent any more leaking. Jim tells me that the.leaking has been a problem for the Vee Corporation. They've strongly requested that the problem -be somehow taken care before they get in in August -with their expensive staging and lighting. Please let me know what other factors, if any, we may need to investigate from your view point before a decision can be made. TO: Shari French, Director of Parks & Recreation FROM: Jim Corbett, Manager of Ice Arena Operations DATE: April 24, 1986 RE: Ice Arena Roof and Capital Outlay Adjustments You have requested input on roof problems at the arena. Basically 1975 through 1978 the arena experienced very little problems with the roof leaking. Starting in 1978 and through the current season the problems began slowly and increased year after year. The main problem is the top of the roof. As pointed out in engineers reports the roll roofing on the flat surface atop the arena is contracting depending on weather situations and/or movement in the building structure. This situation causes seams to open allowing water to collect under the roofing material. Eventually this water leaks over the ice sheet in the building. The first occurrence happened in late 1979. A leak dripped on one of the light fixtures shorting out the circuit and burning the receptacle. At that time we called the roofers, they patched the top surface but would not pay for the inside damage. In further study of the ten year bond, the city engineers stated the repair work and responsibilities for damages were accurate. Over the last five years, Berwald Roofing has been out at least two times per year, patching the seams of the top section of the roof. In the last month because of such a severe problem, Berwald Roofing has been out twice to patch seams even after the bond is outdated. We have not to this date been charged for their work. As I have stated, the causes for this situation seem to be contraction during hot weather and/or the building shifting from vibrations or weather. The bottom line is the existing roofing material continues to move. The city engineer has sent his recommendation on both a new roof of different material and also a alternate on repairing the top portion of the roof. Even in the case of the alternate, the top material to be used will not be the same as the original roofing. In analysis of the capital outlay situation, the adopted form is: 1986 Zamboni 40,000 1986 Skate Tile 2,000 1986 Parking Lot Lights 10,000 1986 Concession Stand 10,000 1986 Replace Tables 1,500 1987 Carpeting 5,000 1987 Board Replacement 25,000 1987. Plexiglass Replacement 25,000 1988 Scoreboard 20,000 1989 Front Entry 2,000 1989 Skate Sharpening 5,000 1989 Floor Scrubber 3,000 Considering items for 1986, the Zamboni, skate tile, and tables are items needed in 1986. We have discussed the concession stand and after reports form the city engineers we have put the project on hold to further access value and numbers of the project. The main problem is connecting the stand to water and sewer lines located to the back of the arena. The parking lot lights were budgeted to replace the old and inefficient system we had operating. The relamping has to be taken care of during 1985. We were forced to go to the new system because the old mercury vapor light fixtures would not work at the start of the 1985 season. All poles have been converted to high pressure sodium fixtures. We went from 20 fixtures down to three. Monies were taken out of general operating repairs for the conversion. One problem remains, as pointed out in a memo to the City Manager. The electrician felt the original aluminum underground wiring would deteriorate sooner or later. One pole failed in December and I expect the other lines to break this year. I will collect an initial bid on rewiring the system with cooper wiring. We will need some of this money to cover the cost of this project. The 1987 capital outlay items include carpet, board replacement, and plexiglass replacement. The carpet is needed for the general offices but not for third floor at this point. The board replacement includes replacing the white and yellow plastic covering the ice rink and the replacement of any plywood that has rotted. This project is needed due to the condition of the existing plastic. The one area that can be shifted is the plexiglass replacement. We replace broken pieces as they occur. The project was scheduled because the glass through years of cleaning starts to loose its clarity. It is still functional and you can still see through the glass. This project can be shifted to a later date without a great effect on the customers of the arena. My recommendation for adjusting capital schedule are: 1986 Zamboni 1986 Skate Tile 1986 Parking Lot Lights 1986 Roof.Repair 1987 Carpeting 1987 Board Replacement 1988 Scoreboard Replacement 1989 Front Entry Repair 1989 Floor Scrubber 1990 Plexiglass Replacement 1990 Skate Sharpener 40,000 2,000 10,000 (maybe lower) 12,000 5,000 25,000 20,000 2,000 3,000 25,000 5,000 There may be more changes recommended as we adjust the capital list through the normal cycle. The 1986 and 1987 lists represent less -money needed than the original schedule. NSPC7ROOF MANAGEMENT/ENGINEERING DESIGN — INSPECTION — TESTING I INC M I N N E A P O L I S M N . 5616 Olson Memorial Highway 55422 612-546-3434 S A L T L A K E C l T V, U T. 4015 South Howick Street 84107 801-266-9381 PROJECT: New Hope Ice Arena New Hope, Minnesota REPORTED TO: City of New Hope 4401 Xylon Avenue New Hope, MN 55428 Attn: Shari French GENERAL DATE: September 5, 1986 LABORATORY NO. 5972 COPIES TO: SURVEY OF EXISTING ROOF CONDITIONS On August 21, 1986, we conducted a survey of the existing roof systems at the above site. The survey was to evaluate the condition of the existing granular surfaced roll roofing and the shingled roof areas in view of the current leakage problems. Interior inspection and field verification of the roof system was made during the survey. Since the initial leakage started in 1978, several "patching" attempts have been made, however, leakage has not been reduced. The approximate areas of present leakage have been shown on the attached sketch. These locations are representative of leakage presently occurring but do not represent all of the leakage areas experienced to date. FIELD OBSERVATIONS The majority of the building is comprised of a barrel -type roof (photo #1) which has a granular surfaced roll -type roofing on the slightly sloped peak areas and shingles on the lower, more steeply sloped areas. In addition to this, there are built-up roofs over the elevator shaft and building entrance (photo #2) at the southeast corner of the building. Three test openings were made on the barrel roof to verify the roof system. On the slightly sloped areas of the barrel-shaped area, which is approximately 11 years old, the roof system includes a wood deck, kraft paper which is glued to the deck, a saturated asphalt felt underlayment, a 1" layer of polystyrene insulation, one layer of 3/4" perlite insulation, a coated base sheet mopped in asphalt and a two-ply configuration of granular surfaced selvaged edge roll roofing. On the shingled areas, the roof system is constructed the same as the rolled roof areas, with the exception of the shingles which take the place of the roll roofing. As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients and our written authorization is necessary to publish any statements, conclusions or extracts from or regarding our reports. ROOF MANAGEMENT/ENGINEERING DESIGN — INSPECTION — TESTING 5616 Olson Memorial Hwy./Minneapolis, MN.155422 612-546-3434 ZIN5PEC, iNc 4015 South Howick St./Salt Lake City, UT.184107 801-266-9381 Laboratory No. 5972 September 5, 1986 Page Two At test opening #1 (photo #3 and located on the roof sketch), which was taken at a split location, the perlite and polystyrene insulation was found in a saturated condition. A gap approximately 3/4" wide was found between the polystyrene insulation boards. There was no evidence of adhesion between the layers of insulation nor to the wood deck. At this location, a roofing nail was found through both the perlite and polystyrene insulation which was the only observed sign of attachment of the insulation to the roof deck. At test opening #2 (photo #4), the insulation was in a dry condition. Again, there was no evidence of adhesion between the insulation or to the wood deck itself. The 15 lb. felt underlayment at this location was placed perpendicular to the slope of the roof, as shown in photo #4 by the yellow line in the center of the test cut. Test opening #3 was taken in the shingled area and was found to be in a dry condition. The most prevalent deficiency observed in the rolled roofing area during the inspection was the splitting and patching at the seams which was on the generally flat area of the roof (photo #5). This condition has led to a constant need of repair work. At the time of the inspection, a new area of leakage was found at the start of a new split location (photo #6). According to the building personnel, the leakage is to the point where there is an excessive amount of repair work necessary to keep the recurring leakage under control. Because of the extensive amount of patching that has been done at the seam locations, it is difficult to determine if the majority of the leakage is occurring from improper adhesion of the membrane laps at the seam locations or from the splitting that is occurring. This type of roll roof membrane has a relatively low tensile strength. Blistering has occurred throughout the area (photo #7 and located on the roof sketch). The most obvious deficiency observed in the shingled areas is the distorted appearance and overlapping which is present (photos #8 and #9). The overlapping and distortion which is occurring could be attributed to the lack of proper attachment of the shingles to the wood substrate. The polystyrene and perlite insulation beneath the shingles has a low compressive strength as well as low density. Good attachment cannot be made with the low compressive strength and the nails cannot be firmly driven into the deck. With the lack of proper attachment, the shingles are somewhat unrestrained and subject to movement. As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients and our written authorization is necessary to publish any statements, conclusions or extracts from or regarding our reports. D D/NSPEC, INC Laboratory No. 5972 September 5, 1986 Page Three ROOF MANAGEMENT/ENGINEERING DESIGN — INSPECTION — TESTING 5616 Olson Memorial Hwy./Minneapolis, MN.155422 612-546-3434 4015 South Howick SUSalt Lake City, UT.184107 801-266-9381 Another source of the distortion and overlapping is the pattern ' in which the shingles were installed. Proper application of shingles with 5" exposure requires shingle rows to be offset 5". This means the first course begins with a full shingle and the second through sixth courses then have 5" slices removed from the first shingle in each course. The seventh row begins to repeat the process. All butt joints should be installed tightly and these shingles nailed appropriately. This application provides a dispersed pattern of butt joints so as the shingle tabs become sealed to one another and the shingle roof system, in effect becomes more of a single sheet rather than individual shingles, uniform tensile strength is achieved throughout. The pattern of shingle application on this building was found to be simply alternating every other course, resulting in butt joints aligning in the same pattern (photo #9). When considering the sealed shingles as a sheet system, the closely aligned butt joints create a weak spot in the sheet with less tensile strength. The inspection revealed that the roof edge (photo #10) had inadequate underlayment in the areas of potential ice dam locations. As a minimum, the areas should have received two layers of 15 lb. felt, fully embedded in plastic cement, extending from the eave to a point 24" to the interior of the exterior wall line. On the south side of the building, near the elevator shaft (photo #11), several tabs were missing from the shingles. This condition was also noted in a few other locations. Other shingle deterioration was located mainly above the concrete pilasters placed along the east and west side of the building. Along the transition between the shingles and the wood siding next to the elevator shaft, the metal step flashing and shingles have buckled extensively, leaving the area vulnerable to water entry. Plastic cement repairs were observed at the heat stack locations (photo #12). Serious ice damming and leakage has occurred between the building. entrance and the shingled areas. Heat tapes have been installed, however, leakage has continued as in the past. CONCLUSIONS AND RECOMMENDATIONS Because of the conditions noted above, we would conclude that the rolled roof areas will require complete replacement. The shingled areas seem to be providing watertight conditions at the present time, however, because of the 0 original installation procedures and the visible deficiencies in the system, we do not expect long-term protection. As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients and our written authorization is necessary to publish any statements, conclusions or extracts from or regarding our reports. ROOF MANAGEMENT/ENGINEERING DESIGN — INSPECTION — TESTING ZIN5PEC��^^5616 Olson Memorial Hwy.lMinneapolis, MN.155422 612-546-3434 IN4015 South Howick SUSalt Lake City, UT.184107 801-266-9381 Laboratory No. 5972 September 5, 1986 Page Four We would recommend that one of the following alternatives be initiated to prevent further water entry. The safest, yet most costly, approach would involve complete replacement. This approach would require complete removal of the rolled roofing, shingles and insulation. The second, and perhaps more cost effective approach would be to replace only the rolled roofing areas at this time, as the shingled areas can be expected to provide satisfactory protection for a few additional years. With this approach, replacement of at least the area where the ice damming occurs over the building's entrance would be required, along with miscellaneous repairs to the shingles at random locations. If the second approach is taken, special attention should be given to the tie-in between the new roof system and the existing shingled.roof areas. The new roof assembly would possibly include new insulation and a four -ply fiberglass smooth -surfaced built-up roof. The possibilities of a single -ply roof system have been explored and do not appear to be a desirable alternative. Difficulty would be encountered at the tie-in location where the single -ply area would end and the shingle, or other roof system, begins. Along with this, the best long-term performance on a building of this nature would be achieved by using the above recommended built-up roof system. An approximate estimate for total reroofing would be $175,000. If the second alternative is initiated, the estimate would be approximately $75,000. This would include complete reroofing of the rolled roof areas, an adequate -tie-in between the shingles and the built-up roof, repairs at the ice dam location above the entrance, and other necessary repairs to the deteriorated and broken shingles. Some field notes and additional photographs will be retained in our files for future reference. Should you have any questions regarding this report, or require further assistance, please feel free to call. INSPEC, INC. As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients and our written authorization is necessary to publish any statements, conclusions or extracts from or regarding our reports. kl9r�H -Jar Kr INS PEC, iNc. 5616 OLSON MEMORIAL HWY. / MPLS., MN 55422 V f ,,.. i i8 't. ,,,. , ,, a..,w ;:+; �.,( t F 1 ., Ya .r •. Cr ,... i � ' .•,,..,d � �' :.. tt ,Y , ...,... -f} F k 1 tx ,., , . # k s 7 ¢ tY'•#F^L kr r• r Ir i . 14 d , r r € k.;... . , r •': , ,., ,. 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Pf. 35,13 Nu nuref lurnra YG P4...- 61,2 - 636-4600 August 30, 1985 City Council City of New Hope 4401 Xylon Avenue No, New Hope, MN 55428 Attn: Mr. Dan Donahue City Manager Re: ice Arena Roof City of New Hope File No. 34 Gentlemen: Gwnn R COW. PE AmA A. f1OrtlOn. P Th.. E ftp.. P.E. M Aid W. I m. P.E. R Mr G. bA.. h, PE U. -I. L f 1.k. AE i o..M f. Eurpltlr. P E /1111 w. BWroon. P.E MSM A Nanwn, Pa. IM K. Eww.. P E M., T Raurrrwnn. P ROObI N. PJe//rk, PE Ib.dO ZO W.. P.E. C'AWAV A. &. wxr L. M.fY k, Mob. M. Gbon Your ice arena staff has been experiencing frequent and increasing problems with leakage of the roof on the arena. The leakage is not only detrimental to the ice sheet and equipment but it can also cause serious damage to the struc— tural system. The present roof is an asphalt roll sheet material similar to asphalt shingles. At the time of construction of the arena this was the only material available. Since that time, much better materials and roofing eya— tems have been developed. An inspection was recently made of the roof by our office in conjunction with Mr. Jim Corbett and Mr. Gene Berwald of Berwald Roofing. Many cracks were noted and many other areas have been patched. Berwald Roofing suggested a "stop gap" repair that would repair the roof for a few years but this will not be a permanent solution to the problem. Their suggestion was to remove a strip approximately 20' wide by 250' long along the top of the roof and re— place it with new insulation and 4 ply glass felt mopped in place. Estimated coat for this repair is $9,854. We would suggest that we be authorized to investigate installation of a com— plete EPDM (rubber) roof system for the entire roof. This type of roofing would better suit the type of structure that is existing. We will wait for your comments on this matter. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Bradford A. Lemberg, P.E. BAL:li cc: Mr. James Corbett, Pk. 6 Rec. Dir. 435d June 9, 1986 The City of New Hope hereby invites you to submit a quote for the RFP as described within. Proposals must be written to respond to the specifications of the Request for Proposal in the order that they are presented herein. Proposals must include firm name, address and phone number; contact name and phone number; and a list of references. Proposals will be received by the City of New Hope until July 3, 1986. The proposal must be received by the City of New Hope, 4401 Xylon Avenue North, New Hope, Minnesota 55428, by the aforementioned date. Any received after that date will not be considered. According to the attached RFP, one company will be selected. Furthermore, the RFP does not commit the City to award to contract, to procure or contract for supplies or services, or to pay any time or cost incurred in the preparation of a proposal. The City reserves the right to: accept with any qualified source or cancel, in part or in its entirety, this Request for Proposal. The City may require those submitting quotes to participate in negotiations and to submit such price, technical or other information as may be required. Please direct all questions and correspondence to Shari French, Director of Parks and Recreation, or Dan Donahue, City Manager. Daniel J. Donahue, New Hope City Manager REQUEST FOR PROPOSAL ICE ARENA ROOF PROJECT PROJECT SUMMARY The City of New Hope owns an ice arena which was constructed in 1975. The facility is located at 4949 Louisiana Avenue North in New Hope, Minnesota. The roof is an asphalt roll sheet material, which is 35,625 square feet in size. Starting in 1978, the facility began experiencing problems with the roof. It appears that the main problem is the top of the roof which allows water to seep through the roof into the building. The problem has been gradually getting worse each year. The City is interested in hiring a consultant to evaluate the roof and present findings in a written report. The written report should contain an evaluation of the problem and recommended solutions to best correct the problem or problems. CORPORATE BACKGROUND The consultant will provide a description of his/her company, and any relevant work experience which would qualify them as a service provider for the City. The consultant will also provide references from other similar projects performed for similar agencies. REPORTS AND COMMUNICATIONS The consultant will provide a written report on the findings of the evaluation of the roof at the Ice Arena. The consultant will also identify defects and evaluate those found for cause and some options for solutions will be presented. If requested, the consultant will make a presentation regarding the problem and possible solutions. PROPOSAL EVALUATION CRITERIA The basis for the evaluation of proposals received will include all the following considerations: -The consultant's performance record -to -date in meeting the requirements of their existing or previous customers. -The financial stability, longevity, and strength of the consultant. -The thoroughness of the proposal. -The references provided. June 13, 1986 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 Inspec, Inc. 5616 Olson Memorial Highway Minneapolis, MN 55422 The New Hope City Council has authorized an evaluation of the ice arena roof. As noted in the "project summary" on the Request for Proposal, the roof is experiencing problems and the Council invites you to evaluate the problem/s and recommend solution/s. If you have any questions, please contact Shari French, Director of Parks and Recreation, at 533-1521 or Jim Corbett, Ice Arena Manager, at 533-8442. Sincerely, Carol E. Carlson Director of Administrative Services CEC:bap Enclosure cc: File (2) Family Styled City Mme( For Family Living August 11, 1986 flxa, 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 Richard W. Phillips General Manager Inspec, Inc. 5616 Olson Memorial Highway Minneapolis, MN 55422 Re: Request for Proposal - New Hope Ice Arena The New Hope City Council on July 28, 1986, approved your bid of $1,824.00 for services to evaluate the Ice Arena roof. You will be contacted shortly, if you have not already been, to proceed with the evaluation. Please contact Shari French if there are any questions. Sincerely, Carol E. Carlson Director of Administrative Services CEC:kaj Family Styled City� For Family Living Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612-636.4600 November 24, 1986 City Council City of New Hope 4401 %ylon Avenue No. New Hope, MN 55428 Attn: Mr, Dan Donahue City Manager Engineers & Architects Re: Re -Roofing of the City Ice Arena New Hope, Minnesota City Project No. 420 File No. 3488 Dear Mayor and Council: Uuu G bunmron. /' f. N'1h 11 W. Nwrnr, I•. L. Jwprh f. Antln/rk, Y. f.' brurf/uW A. /.rrrrhrrr. Y.G. N¢hurtl P. Tmnrr, Y. f.. lunva C. UBun, 11.4'. 611nn N ('u"A, I• I Arnh A Lmtlun, /• I /hurnu. ! Nusr.. /• 4 Nrrhurtl W t-'., Y L: Nnbrn G. SNmu.dr. I'. E. Morvm L Su•vulu. l'. f. lhlnald C. Bur,urtl, 1'.E Jerry A. bumtlun, It t. Murk A. !lemon. Y L. Tre A. h'id' Y. E. Mrrh.,/ T Nuuerwnn. I' E Nulvn N. Y/r//rrlr, l' I Duval (l. L mA mu. I•.1:. ihumm W. 14re, o . Y.E. Mmhud ( Lyn. h, Y.E. Aaren L. W/llu, Y.L. lump N. MwunJ. I'. E. ArnnnA Y. AnJenurr, Y t Anrh A. Bmhinwm Y!. Murk N Nu(h. PI Bolxvr ( R..", .I l l Thmn'E. An'., /'t. .1unl 1 Y.."" l' 1. Churl'+A tI.A mu Lro AL P—AA, /lutlun .N. Uhon Solan M. 0,1'. Bids were received on Friday, November 21, 1986 for the re -roofing of the New Hope Ice Arena as authorized recently by the New Hope City Council. As requested by the City Council, three different types of roofing were speci- fied and bids were received on the three types: I. EPDM - single ply membrane, (ethylene -propylene diene monomer), basi- cally similar to butyl rubber. II. Single ply membrane - Hypolon or reinforced plastic. III. Combination of fiberglass/asphalt built-up roofing for the center section or strip and shingles on the steeper side areas. In addition to the above three systems, each system was bid based on: A. Entire roof area. B. Only center strip of arena roof, elevator roof and entry roof. The EPDM system of Type I bids was also bid, as I -C and I -D for applying a two coat color coat of Hypolon paint to alleviate the gray/black color of the EPDM. The enclosed bid tabulations provide the tabular form of information on the five lowest bidders of the six bids received. The sixth bidder, Central Roofing submitted the following bids: III -A $140,244 Ill -B $ 68,600 As can be seen in reviewing the bid tabulation, the low bids ranked as follows: 0765e 3Cor- AK4, wdar Anniversary City of New Hope New Hope, MN Re: File No. 3488 A Group EPDM - $ 94,140 Hypolon - 118,382 Built-upl23,386 November 24, 1986 B Group EPDM - $ 27,417 Built-up30,622 Hypolon - 34,473 From the above, it can easily be seen that the EPDM system is the most econom- ical. In all cases, the same 'R' value (R-38 to 40) insulation is included. The EPDM specification was written around the Carlisle AAT system since it has the best characteristics for installation at this time of the year. This com- pany has the longest and Largest track record and the AAT system is factory prepared to utilize adhesive on only one face rather than having to lay open the sheets and cover both layers with adhesive. Also, the edges are sealed with a pre -applied adhesive tape rather than field applying adhesive. The Firestone system bid by the low bidder is a comparable quality system but is not as well suited to winter application. The low bidder, Universal Appli- cators, has therefore requested that they be allowed to wait until spring to apply the new roof system. They have agreed to take care of any necessary leak repair or patching of the existing roof, on a 24 hour call basis, until the new roof goes on, at no additional charge, if they are given the con- tract. This would alleviate any problems with the Firestone system that might be caused by winter application. If immediate completion is desired, our first recommendation, based on our original specifications would be to award the contract to Keehn Brothers, for the total roofing system, to be installed immediately. Our second recommendation, based strictly on economics, would be to award the contract to Universal Applicators, for the full project, with the agreement that they monitor the existing roof this winter and install the new roof sys- tem in the spring. The color coat decision, items I -C must be made by the City Council. The low bidder has agreed to cover only the sloped side areas for the difference be- tween I -C and I -D or a total of $12,816 if you so desire. Samples of the coating are included for your review. If there are any questions on this matter, please feel free to contact our office. Yours very truly, BONESTR00, ROSENE, ANDERLI ASSOCIATES, INC. Bradfo d A. Lemberg, P.E. 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M Y• •v r Y • O n n O p O � ^ r• C r' r ° .•• r • o• r 6 a r• v a OW 0 r c o N • n. � o M r• ^ ° • o S P W 'O M p •- €e ••• w s Ny � • a u w P se • N � :d M r • N � q O C a n Oa Q r - � • 6 v e r n °� r Y °• < p n ♦ n• a N n n r• C w m H an m r• •' r G • O 8 Y g $ ° e p 8 p 8 n COM g a° ° Q O o O n •• q T n a w n Y P M • ° y 00 r r• w r V o r r• .. P r a o • • • H A Y w N 0• a 0 0 N Y F ti W r 6 I n v 6 n o u. N P W N Y> n u • Y n O O• • x O m v r n p r • p N m rR W � n 6 Y C O O O n x n x m - n m r n a • n .• . n r .A r u n n R m r i n n m 6 I 6 u. N P W N Y> • Y n O O• • x O m v r n p r • p m rR n 6 Y C i n n m ) k ® / § |� 7 , } 2 . � §; i 6 i5 .§} , ! . ! § ! , \�)k2��; } ^91 ) 11/24/86 Council Meeting I. Bids let on October 30 after Council approved specs on 10/27 II. Bids opened 11/21 at Spm III.Three options were:l)EPDM total roof - EPDM center roof only Color coat entire roof Color coat center roof 2)Plastic Sheeting total roof Plastic center only 3)Built up roof, total roof Built up in center only IV. Low bids came in: 1j$94,140 -)for total EPDM 21-,-4-i-7-'for center roof EPDM 19,404 -,(from Low bid for EPDM) entire roof. 6,588 (from low bid for EPDM) center of roof. 12,816**(from low bid for EPDM) sides of roof and not center. for color coat for color coat for color coat "This quote was called in by Brad Lemberg and not part of original bid. 2)$118,382'for entire roof, plastic sheeting 34,473 for center of roof, plastic sheeting. 3)$123,386 for entire roof, built up roofing 30,622 for center of roof, built up roofing DEMOLITION IS NOT INCLUDED IN ABOVE PRICES. THE LOW BID FOR THE EPDM, UNIVERSAL APPLICATIONS, CAME IN AT $.93 PER SQUARE FOOT. V. Recommendation: EPDM the total roof and color coat sides only after we see what the roof looks like when it's black. Go with low bid, Universal Application, $106,956. F r✓t VI. Fundin • ltf omIP and rest from int r e 4- $ e fund loan from General Fund. VII.Timing: u The low bidder would be using Firestone product which is not to put on during the dead of winter. They've indicated to the Engineer that they'll agree in writing to correct any leaking problem incurred before the EPDM is installed after they're under contract to do the job. They could begin the installation after the temp reaches 40 degrees and begins to rise from there. �d n, n. �J CONTRACTORS I -A Our File No, 3488 v RE -ROOFING OF THE CITY ICE ARENA NEW ROPE, MINNESOTA �\ CITY PROJECT NO. 420 `vU O� BID;TIME: 3:00 P.M., C.S.T. ^v BID DATE: Friday, November 21 _ 1985 2 `ALTERNATIVE Cj I , ALTERNATE II ALTERNATE III I -B I -C I -D II -A II -B III -A III -B Universal Applic. 0 Z%,yl� 2 John lDalsin 6 Son 1 9 1''g 3c"'354 3 yer M.G.M Sheetmtl N,vs9 " 4 Keehn Bros. ll�,i00 4Ss, L53 5 Curran V. Neilson 132, (�'- (D 41, U? o 6 Chem -Wood Corp /. /0 /- v, <s ( . 7 Central Roofing 8 Palmer West 6646c n.)0 N 12 Ise Z,�B[e 195t,44� 4o,6su I5 -1y05 000 �uo Iq, S'q o A10 A),-) /1),-) 1 qS, 7 4F 35-,15-1 AJO lV .� Nn iyo /�lo,zac� 6�,Go� s� CITY OF NEW HOPE q q C Date Issued'alitiMug Perud PID B 1 1 5 ER�!E'AS, ?� u v,, -L-A �{y( / ,applicant whose address is, )'flc 7( C310 f� G ''I A 55' O Ai- , phone number �4 (/-/D �D , has made application for a building permit which application PERMISSION IS GAANTED.to said to be used as a building a building -�' .8t,krJ�rul ft., number of stories Lot ; Block ; Addition Building width, ft., This permit is granted upon the express conditions that said owner or agent to whom it is granted, and contractors, agents, workers and employees shall comply in all respects with the ordinances of the City of New Hope; and that it DOES NOT COVER the following: plumbing, heating, venting, electric or excavation work in public right of ways for which a separate permit must he secured_ Permit Fee St. Surcharge SAC Charge Plan Check Fee Total Received Document Number Estimated value of construction excluding land $ !/ ✓� FINANCE COPY Building Official Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4600 August 7, 1987 Engineers & Architects Universal Applicators, Inc. P.O. Box 310 Forest Lake, MN 55025 Attn: Mr. Peter Johnson Re: New Hope Ice Arena Re -Roofing Project Our File 3488 Dear Mr, Johnston: Orlo G. Ron.hw, P.E. Nubm W. At.., Y.G. JwePh C. Ande"ik, BE. Rn.df�dA. Lemb",, P.E. Richard E. Tum", P.E. Jumn C. Olsun, P.E. GNnn R. Cook, P.E. Krilh A. (wdun, P.E. Thom. E. Nuyo. P.E. R.hurd W. Pw m P.E. NO,,, G. Schunichl, P.E. Marvin L. Soruuln, P.E. Mnold C. Rur,ardl, P.E. l"ry A. Baurdun, P.E. Muck A. Ma .n, P.E. Ted K. fMd. P.E. Michael L Naulmunn. P.E. Nuhn R. /% Ilerlr. )•E. Meid O. Lwkom. P.E. Thumw W. An.. Y.E. Mkhwl C. Lynch, P.E. Kuren L. Willa, P.E. J.. R. Muhmd. P.E. Kcnnrlh P. Anderson, P.E. A'eirh A. Rmh... P.E. Murk R. RoVs, P.E. Robe" C Rucsek, A.I.A. Thumur E. Anus, P.E. &vn L. Tum', P.E. Charles A. ErhAwh Lw M. Pawrhky audan M. assn Swan M. Eberlin Per my phone conversation with Larry today, we understand that your crew will be on site Monday, August 17, 1987 to complete the Hypalon coating pro- cess for the New Hope Ice Arena Project. We also understand that Firestone has completed their inspection and punch list items are being taken care of now. If there are any questions or problems with this schedule, please contact our office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Gary W. Morien GWM:ci cc: Ms. Sherri French - City of New Hope Mr. Jim Corbert - City of New Hope 5654e Bonestroo, 2335 W. Trunk Highway 36 St. Paul, MH 55113 612.636.4600 September 23, 1987 Anderlik & Associates, Inc. Ms. Shari French City of New Hope 4401 Xylon Avenue No. New Hope, MN 55428 Re: Ice Arena Re -Roofing Project No. 420 New Hope, MN Our File No. 3480 Dear Shari: Engineers & Architects Ouo G. Banenroa, P.E. Rabe,, W. Rwene. P.E. Jweyh C. Anderlik. Y.H. Brad/ rd A. Lembert, P.E. Richard E. Turner, P.E. J.. C. Olson. P.H. Glenn R. Cauk, P.E. Keith A. Gordan, P.E. Thamu. E. Haym, P.L. Rlchurd W. faller, P.E. Robes G. Slhunah , P.E. Marvin L. Sarval.. P.E. Dunald C. Bll,ardl. P.E. Jerry A. Balled.., P.E. Murk A. Hamun. P.E. Tkd K. Pied, P.E. Manuel T. Ruunnunn. P.E. Ruben R. NIVIllc. P.L. Dusid 0. Lwkam, P.E. Th... W. Pearson, PE. Michael C. Lynch, P.E. K. L. Willis, P.£. James R. Wand, P.E. Kenneth P. Anderson, P.E. Kean A. Such an. P.E. Murk R. Rolls. P.E. Ruben C. R.k, A.I.A. Thmna. E. A,as, P.E. Scull L. YvauL Y.E. Chalks A. Erkksan Lea Al. Puwebky Hudan M. oGon Susan M. Eberlin Today I met with Ralph Bache from Universal Applicators, Dick (the city contracted electrician) and Jim Corbett to investigate the exhaust fan problem at the ice arena. There was no doubt by anyone the problem with these units was caused by two roofing screws driven thru a metal conduit run. This conduit, located above the wood deck, contained two sets of wire that fed power to the middle and northern roof top exhaust units. The damaged wire in turn caused a load imbalance in the fan motor and at least one burned out. During the time I was on site, the two screws were removed and the roof was repaired. New wire was then fished from these two units to the starters inside the mechanical room. It is my understanding that a new motor has now been installed in each of these units. As it appears now, both fans should be operating within a day. As far as the liability is concerned, we feel the roofing contractor should assume responsibility for all labor and material expences. Jim indi- cated he would have his electrician prepare an itemized bill for his work and submit it directly to Universal Applicators for payment. This will alleviate any involvement by the City of New Hope and any adjustment in the contract. Should you have any further questions on this matter, please contact me at our office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Gary W. Morien cc: Mr. James Corbett -City of New Hope 6767e JA Sonestroo MEN Rosene Anderlik & Associates Engineers & Architects October 1, 1987 City of New Hope 4401 Xylon Avenue No. New Hope, MN 55428 Attn: Mr. Dan Donahue City Manager Otto G. Boniest., P.E. Keith A. Gordon, PE. Robert W. Rosene. PE. Richard W. Foster, PE. Joseph C. Anderlik, RE. Donald C. BurgaMh PE. Bradford A. Lemberg. P.E. Jerry A. Bourdon. PE, Richard E. Turner. PE, Mark A. Hanson, RE. James C. Olson, PE. Ted K. Field, P.E. Glenn R. Cook, P.E. Michael T. Rautmann. P.E. Thomas E. Noyes, PE. Robert R. Pfetlerle. PE, Robert O Schunicht. PE, David O. Loskosa, P.E. Marvin L. Sorvala, P.E. Re: Re -Roofing of the City Ice Arena New Hope, MN City Project No. 420 File No. 3488 Dear Mr. Donahue: Thomas W. Peterson, P.E. Michael C. Lynch, PE. James R. Maland, P.E. Kenneth P. Anderson, RE Keith A. Bachmann, PE. Mark R. Rolfs, PE. Robert C. Russek. A.I.A. Thomas E. Angus, P.E. Howard A. Sanford, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M. Eberlin Mark A. Seip Enclosed are two (2) copies of the 5th and Final Request for Payment for the above referenced project. We recommend that you accept this project and take the required steps to pay the contractor the final amount due. The final contract amount for this project was $113,544.00 and no changes to the original contract amount were made. All work under this contract has been inspected and is satisfactorily completed at this time. Enclosed you will find the roofing warranty for this project. Please retain these documents in the event they are needed. Please contact me if there are any further questions. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. Gary W. Morien GWM:li V cc: Ms. Shari French, City of New Hope 6933e 2335 West Highway 36 • St. Paul, Minnesota 55113 a 612-636-4600