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IP #798 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works July 24, 2006 Consent Item No. By: Guy Jolmson 6.14 Resolution awarding contract for the replacement of sanitary sewer lift station control panels and telemetry modifications (improvement project no. 798) Requested Action Staff requests approval of a resolution awarding the contract to the low and responsible bidder, Electrical Installation and Maintenance Co. Ine. in the amow1t of $58,685. There was one alternate for which Electrical Installation :md Maintenance Co. Inc. submitted a bid of $26,725. For budget reasons, staff is recommending that the alternate not be awarded. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city has been budgeting for the replacement of sanitary sewer lift station control panels. The sanitary seVier lift stations are a critical part of the city's sanitary sewer collection system and staff has identified the need to upgrade the lift stations' telemetry. Background Each sanitary sewer lift station has its own control panel. The existing telemetry system (remote communication/monitoring) for each of these stations monitors a single common alarm contact for each station via leased telephone lines. The new Supervisory Control And Data Acquisition (SCAD A) telemetry system provides much more detailed alarm information than the system it will replace. This information includes pump rW1 times, station in-flow, and pump start counts. This information is very useful in operating and planning maintenance of a lift station. It is particularly important while monitoring the lift stations when multiple lift stations are experiencing electrical power outages. Motion by J l ~z1}J1.1YU/? / / Second by 11/ To: /vo {l&- II! / 'i-t;/v t/ bc;;i I:\RFA \PUBWORKS\2006\798 SCADA Award Contract.doc Request for Action Page 2 July 24, 2006 At its meeting on June 12, 2006, the City Council approved the plans and specifications for replacement of lift station control panels for the lift stations at 55th/Quebec A venue, Bass Creek Circle, 49th Avenue, and the related modifications to the master radio telemetry W1it at the Public Works Facility. The replacement of the control panel at 49th Avenue was alternate number one and is proposed to be removed from this year's project. Funding The Capital Improvement Program includes $75,000 for upgrades to lift stations. Funding for this project will be from the city's utility fund. Attachments The engineer's memorandum, copies of the bid tabulations, and the resolution awarding the contract are attached. I:\RFA \PUBWORKS\2006\798 SCADA Award Contract.doc City of New Hope Resolution No. 06-111 Resolution awarding contract for the replacement of sanitary sewer lift station control panels and telemetry modifications (improvement project no. 798) v\THEREAS, this Council approved plans and specifications and ordered bids for the replacement of sanitary sewer lift station control panels and telemetry modifications; and, v\THEREAS, the sanitary sewer lift stations are a critical part of the city's sanitary se"iver collection system and staff has identified the need to upgrade the lift stations' telemetry; and, V\THEREAS, this Council does hereby determine to proceed "i,vith the replacement of sanitary sewer lift station control panels and telemetry modifications; and, VlHEREAS, the advertisement for bids for the construction of this improvement project "ivas published in the Ne"iv Hope-Golden V alley Sun Post, the official ne"ioVspaper of t.1-te city, on June 22, and in the Construction Bulletin on June 23 and June 30, 2006; and, VVHEREAS, the bids for the replacement of sCLr1.itary sewer lift station conh'ol panels ili'1d telemetry modifications "ivere duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 p.m. on July 14, 2006; and, WHEREAS, the base bid in the amow1t of $58,685 and alternate No.1 bid in the amount of $26,725 from Electrical Installation and Maintenance Co. Ine. for the replacement of sanitary sewer lift station conh'ol panels and telemetry modifications are the lmvest responsible bids submitted; CLnd, W"HEREAS, the city engineer, Bonestroo, Rosene, Anderlik & Associates Ine., has recommended that Council a"i,vard the contract to Electrical Installation and Maintenili""l.ce Co. Ine. NO'\t\T, THEREFORE, BE IT RESOLVED, by the City Council of the city of Nevl Hope, Hennepin COll...ntv. Minnesota: . . 1. That a contract in the amount of $85,410 for the replacement of sanitary sewer li.ft station control panels and telemetry modifications is awarded to Electrical Installation and MaintenCLnce Co. Inc.; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, :Minnesota, this 24th day of July 2006. /'/ ~ (' In Ij-~' (': I. '. Ii / ,.n/Z ',/ / / / / UA..)!.--...ft (. j Il.Hrl-,~\ A, I I .....Y'.. (-J "', Mayor i, j 'v / i/ ) J/ . //-' Attest: / 7LiJ..A./--f ~7)~tj~LL City Clerk n Bonestroo II::. Rosene ~ Anderlil< & 1 \j 1 Associates Engineers & Architects 2335 West Highway 36 . St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-J311 www.bonestroo.com July 17,2006 Mr. Guy Johnson Public Warks Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2006 Lift Station Control Panel Replacement Project City Project No. 798 File No. 000034-06185-0 Recommendation of Contract Award Bids were opened for the Project stated above on Friday, July 14th at 1 :30 P.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of three Bids. The following summarizes the results of the Bids received: Low #2 #3 COlltractor Electrical Installation and Maintenance Co., Inc. Wunderlich-Malec Systems, Inc. Control Assemblies Company Base Bid Alterltate J.'^lo. 1 $58,685.00 $65,900.00 $77,753..00 $26,725.00 $32,950.00 $34,488.00 The low Bidder on the Project was Electrical Installation and Maintenance Co., Inc. with a Base Bid price of $58,685.00. This compares to the Engineer's Estimate of $48,000.00. The Alternate item was for a 3rd lift station control panel in the event that three control panels could be replaced under the budgeted amount of $72,000. The low Alternate price of $26,725.00 (also from Electrical Installation and Maintenance Co., Inc.) compares with the Engineer's Estimate of $24,000. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this. type of Project. If the City Council wishes to award the Project to the low Bidder, then Electrical Installation and Maintenance, Inc. should be awarded the Project on the Base Bid Amount of $58,685.00. Furthermore, the Alternate price, although slightly over the engineers estimate, is a reasonable price should the City Council wish to consider award of that also. Should you have any questions, please feel free to contact me at (651) 604-4793. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. {Y;~/O. &0# Charles W. Oehrlein, Project Manger Enclosure St PauL St. Cloud, Rochester. MN . 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NN ~01 ~~ 00 gg 00 OCD<:iE~~$~:::l~ ~ ~ c:: ::lD:oCllUlO15'oC'lc; w 0> ::l roroCD~~~ffi~ fi ~ ~ ~ g~~~~o~ ~ ~ 0 ~ o..~~~~::l= ~ ~ ~ C'l D:$b~@i ~ g g CD ~ !!!.:;gl:3;'o s: ....<1l~N;:,.CIl CIl C'l- zo.. ro 01 C'l ~~ ~~ -I ~ ~ ~~ ~~ a t ~ ~w ~~ !!!. 3 g:g p~ (/) gg gg oo<o-..j~-o""oo ~ ~ c:: ::lroo:TO>O>..z~oo w -..j :::l ro~ro~~~303a .::>- ~ .... ~~-i~~go~~ ~ ~ ~ Q.CD<~~....S::::l)> 00 W - O~~~~~ro'<en 0 0 g :T~g~~s:~ ~ 0 0 g;aci3O>-"zCll 3 "'" Ul:::U E: ~Q. ~ ~~ ~~ -I ~ ~~ ~~ a :;"".p. ':...j"..,j !!!. ""CXl ~Ul ""CXl c..>w 00 00 00 00 o o o o w .::.. o ~ CXl U1 o CD -I CD ~ Bonestroo Rosene Anderfil< & Associates 2335 \XIest Highway 36 . Sr. Paul. iv1f,j 55113 Office: 651-636-4600 . Fax: 651-636-1311 wwvv,bonestroo.com Engineers & Architects July 25, 2006 Mr. David Pysick Electrical Installation & Maintenance Co., Inc. 1480 County Road 90 :tvlaple Plain, IvIN 55359 Re: City of Ne\v Hope, Minnesota 2006 Lift Station Control Panel Replacement Project City Project No. 798 File No. 000034-06185-0 Contract Documents Enclosed are four Contract Documents between you and the City of New Hope covering the above-referenced Project. Please complete Specification Section 00520 Agreement Form, Section 006l 0 Perfonnance Bond, and Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, fonvard them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing #20l Brooklyn Park,MN 55443-l983 After the necessary officials have signed the Contracts, they will be distributed as follo\\'s: I copy 1 copy Electrical Installation & Maintenance Co., Inc. (1 - your file, 1 - your bond company) City of New Hope, Attention: Valerie Leone Bonestroo & Associates, Attention: Chuck Oehrlein 2 copies Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO. ROSENE. ANDERLIK & ASSOCIATES. INC. r\(j O/~ 1 ' ~1tL vI . ~~-- ~ \ Jolm p, Carlson, P.E. Enclosures: Four Contract Documents cc: Steven Sondrall, City Attorney Valerie Leone, City of New Hope Sr. Paul, Sr. Cloud, Rochester, MN . Milwaukee, \XII . Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned GORDON L. JENSEN! J OIL'! W. MUELLER GLEN A. NORTON AMY E. PAPENHAUSEN STEVEN A. SONDRALL ARIC T. STIENESSEN OF COUNSEL LORENS Q. BRYNESTAD 'Real Propeny Law Speciaiisl Certified By The Minnesota Slale Bar Associalion JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKL\'N PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFA..'X (763) 493-5193 e-mail law@jensen-sondrall.com Writer's Direct Dial No.: (763) 201-0232 e-mail jwm@jellsell-so11drall.com August 11, 2006 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Via Hand Delivery Re: 2006 Lift Station Control Panel Replacement Project City Project No. 798 Our File No. 99.10030 Dear Valerie: Enclosed please find four (4) originals of the contract documents concerning the above- referenced matter. You will also find copies of the ACORD 25 Certificates of Liability Insurance. Please know that I reviewed all these documents and find them to be in order. I would note, however, that the Certificates of Insurance expire on August 18, 2006. Accordingly, you need to take steps to make sure new Certificates of Insurance are obtained to replace those enclosed. If you have any questions, please feel free to contact me. Thank you, h v1~\ truly yours,,~ ! * \ \ , \.' f In .~ \\ .l.l ~ Al.~\~ j ~/ \.J)v A)~ Jt'1.~. Mueller Eh~lOSU~f(S) '\. \ P:\Atto~~.,{.:\r9'1-Cliem Folders\CNH\99.10030-001-Leone Ltr.doc GORDON L. JENSEN! JOlL'l W, MUELLER GLEN A. NORTON AMY E. PAPENHAUSEN STEVEN A. SONDR-\LL ARIC T, STlENESSEN OF COUNSEL LoRENS Q. BRYNESTAD I Real Property Law Specialist Certified By The Minnesota State Bar Association JENSEN & SONDRALL, P.A. Attorneys At Law STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193 e-mail law@jensen-sondrall.com Writer's Direct Dial No.: (763) 201-0232 e-mail jwm@jellsell-solldrall.co11l August 11, 2006 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Via Halld Delivery Re: 2006 Lift Station Control Panel Replacement Project City Project No. 798 Our File No. 99.10030 Dear Valerie: Enclosed please find four (4) originals of the contract documents concerning the above- referenced matter. You will also find copies of the ACORD 25 Certificates of Liability Insurance. Please know that I reviewed all these documents and find them to be in order. I would note, however, that the Certificates of Insurance expire on August 18, 2006. Accordingly, you need to take steps to make sure neVi Certificates of Insurance are obtained to replace those enclosed. If you have any questions, please feel free to contact me. Thank you. Very truly yours, John W. Mueller Enclosure(s) P:\Attomey\JWM\l-Cliem Folders\CNH\99,lOO30-00I-Leone LtLdac {.' I-e. \....1 ...1 LA t JrJ> 'j-A ti,t nltlJ ~ lV\A\.to..:Jl-.e..~ c..e Ai <J c- P '15 L <..L P VL..<;l J..,., * LoV\u~ fill, 'k'l5CAd~.j >' e L 1'i8Q C+.7 r-J qt,' Wl(flz- -~ lAI..-~ tv\...N C;5~S7 C I~y 01 ~,~, ( ~ 01ecA 79 g ~ L Jf >~eyJ 5'(T~;- IA~-# ~ ~ I ~ ge; Lf-q~" ; QOY\i,h,'A0fu ;I --- B 1 j 't0~) 5 L-o o'{ t \ J 0/1/0(., ~~ <SV~ # et;.{-flo~ ~ei- Ce~ Cv 1/>'1 <- O+~Nce - ~/t4n -hIVA( fYMr - ..' 2/7-'/07 ~ I () 0; J') f-V'A 1+; '. 6IdeNc~_ ,,j- 1lL{~~'11 +'. 5'( j tV ~ f,. lit ,v€ d Md. ~'. ~>-~/-Q? .J 1.-:-, ~ .4) ftl0/L'lew 0 ~ L(JlA~ fA, li. l4 CAd~....J ~~/b- Nu-d (1\ ,/--1 5( t l"-I'10J~ (lvvv cIt fL (;~ ; --. -Pvo'ecJ #r7{J ~ ;'V ~ i2 d C' e 1/ ! l ft u~ I-es. 0-( 5 ~ '?.A tlt>>N Q ~'c....5o<f r ~''- \ ~ -'2-vs ~ '-<;, \e: "7 \~\~ )J) v\'1\ ~ ~ \ -,"J\ o tJ rv; ( '?~~I CoIX.-.e/ "5 1tt..",,1 .jl., ,-'" ~ ")" C>'l'" {! '7 Pi/V!, I i\J ~ +. IN; (fu~ , 1/) ~! 7 ef tJ, f{ / l1A:v'" ce/!,<hrO ~(MJIYL, ~ ~k"~e &te-:> ;~ vet)~~:~::;) (ld~lv*h ~ \'" ~L- rMl'rJ ~",~,A ~ ~ ~,Jr vI' .k' r l~' ,v A1<- r VI. ~ \: ,~ LA./J -I C;'-ee- ILv'~ , c;:J4V J14.r J r;&Ve/k ( Co ,J lrtJ rlI5 -- ~ NJ l ,~J~ J, <A -/ iJ tT <7~wJ () tle ,V'tG ~V(j/{U;j C;.J ( / 1 r;; 1-et't W CO{~ A~~ l{,dfMeYl; ,~~ ~v.J#,~L Bonestroo Rosene Anderlil< & Associates 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com Engineers & Architects July 25,2006 Mr. David Pysick Electrical Installation & Maintenance Co., Inc, 1480 County Road 90 Maple Plain, MN 55359 Re: City of New Hope, Minnesota 2006 Lift Station Control Panel Replacement Project City Project No. 798 File No, 000034-06185-0 Contract Documents Enclosed are four Contract Documents between you and the City of New Hope covering the above-referenced Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided, After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall P A 8525 Edinbrook Crossing #201 Brooklyn Park, MN 55443-1983 After the necessary officials have signed the Contracts, they will be distributed as follows: 1 copy 1 copy Electrical Installation & Maintenance Co., Inc. (1 - your file, - your bond company) City of New Hope, Attention: Valerie Leone Bonestroo & Associates, Attention: Chuck Oehrlein 2 copies "'~ Upon receipt of a signed Contract and a E!ed Fertificate of Insurance1approved by the City of New Hope's Attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, B~O'RnANDERLIK & ASSOCIATES, INC. John P. Carlson, P.E. Enclosures: Four Contract Documents cc: Steven Sondrall, City Attorney Valerie Leone, City of New Hope St. Paul, St. Cloud. Rochester, MN . Milwaukee, WI . Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned August24,2006 Mr. David Pysick Electrical Installation & Maintenance Co" Inc. 1480 County Road 90 Maple Plain, MN 55359 SUBJECT: 2006 LIFT STATION CONTROL PANEL REPLACEMENT (IMPROVEMENT PROJECT NO. 798) Enclosed is return of your bid bond and two fully executed contract documents for New Hope Project No. 798. One contract set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on July 24, 2006, for $85,410 (base bid plus alternate number 1 ). Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Vince VanderTop, Assistant City Engineer, at 651-636-4790. Sincf?rely..' f;~{)jU- {~ Valerie Leone City Clerk, CMC Enclosures - Bid bond, Contract, IC-134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Vince VanderTop, Assistant City Engineer (File No. 34-06185-0) Guy Johnson, Director of Public Works CITY OF NEW HOPE 4401 Xylon Avenue North. New Hope, Minnesota 55428-4898. vvww, ci.new-hope,mn.us City Hall: 763-531-5100. Police (non-emergency): 763-531-5170. Public Works: 763-592-6777. TDD: 763-531-5109 City Hall Fax: 763-531-5136. Police Fax: 763-531-5174. Public Works Fax: 763-592-6776 Bonestroo Rosene Anderlif< & Associates 2335 West Highway 36 . St. Paul. MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 www.bonestroo.com Engineers & Architects ~ 14g &Jo I July 25,2006 Ms, Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: 2006 Lift Station Control Panel Replacement Project City Project No. 798 File No, 000034-06185-0 Return of Original Bids Dear Ms. Leone: Enclosed are all of the original Bids and Bid Securities that were received on the above- referenced Proj ect. We have retained a copy of only the low Bid for our files. Sincerely, B~Rp~'~ ANDERLIK & ASSOCIATES, INC. Jolm P. Carlson, P.E, Enclosure St. Paul, St. Cloud, Rochester, MN . Milwaukee"WI · Chicago, IL Affirmative Action/Equal Opportunity Employer and Employee Owned j n a Bonestroo BRosene " AnderllJ< & 1~. Associates Engineers & ....lchlteet< BIDDER: _tJ e.c'" (' lC,o- \ -1-f\sh..... \ \ Cl.- + lor) -{ V'Y\Ol-l'>"\"t .e,V\cu1c.-0 DOCUMENT 00410 BID FORM 2006 LIFT STATJON CONtROL PANEL REPLACEMENT CITY PROJECT NO. 798 FILE NO. 000034-06185-0 l'x'EW HOPE, MIN'NESOTA 2006 BI THIS BID IS SUBMITTED TO: City of New Hope, 11innesota City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder propuses and agrees, if this Bid is accepted, teenter into an Agreement wiili OV\''Tler in the form included in the Bidding Documents to perform all'Nork as specified or indicated in the Bidding Documents for the prices and v.ithin the times indicated in this Bid and in accordance \\it.~ the other terms and conditions of the Bidding Documents. 2,01 Bidder accepts all of the terms and comntions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid vrill remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time iliat Bidder may agree to in \.vriting upon request of Ovmer. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, tbe other related data identified in the Bidding Documents, and the fonowing Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date '7.1~ol., B. Bidder has visited the Project Site and become familiar \vith and is satisfied as to the general, local, and Project Siteoonditions that may affect cost, progress, and performance of tbe work. C. Bickler is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the work. OOOOl4061 BSOBIOFOR.'<l 0041().] SID FORM D. E. F. G. H. Bidder has carefully studied all: (l) reports of explorations and tests of subsurface conditions at or contiguous to' the Project Site and all drav.ings of physical conditions in or relating to' eXlsting surface or subsurface strUCtUres at or contiguous to' the Prqject Site (except UntkrgrO'und Facilities) which have been identified in the Supplementary Conditions as prO'vided in Paragraph 4.02 of the General Conditions, and (2) reports and Ora""ings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary CO'nditions as pravided in Paragraph 4.06 of the General Conditians. Bidder has obtained and carefully studied (or assumes responsibility fOT having done sa) all additional or supplementmy examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to' the Project Site which may affect cost, progress, or perfarmance of the work or which relate to any aspect of the means, methods, techniques, sequences, and proce'ilures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bickling Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for tl1e determination of this Bid for performance ofllie work at the prke(s) bid and 'Ivithin the times and in accordance \\'ith the other terms and conditions of the Bickling Documents. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to' the work as indicated in the Bidding Documents. Bidder has correlated the infarmation knc!\,\rn to Bidder, information and observations obtained from visits to the Prqject Site, reports and dra\'"ings identified in the Bidding Documents, 8Jld aJJ additional examinations, investigations, explorations, tests, studies, and data ,....illi the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the "mtten resolution thereof by Engineer is acceptable to J. The Bidding Documents are generally sufficient to indicate and convey underntanding of all terms and conditions for the performance of the work for .which this Bid is submitted. 4.01 Bidder further represents that: A, The prices in this Bid have been arrived at independently, \vithout consultation, coIThJ1unication, or agreement as to any matters relating tosucb prices with any other Bidder or with any competitor for the pw:posc ofrestricting competition. B. The prices in this Bid have not or 'will not be kno'Wingly disclosed to any other Bidder or competitor prior to Opening of the Bids. OOOO:l406lS,<lBIDFORM C. No attempt has heen made or ."rill be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose ofrestricting competition. 0041(}..2 610 FORM 4,02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's res?onsiveness, responsib1.lity, and qualifications before awarding a Contract, Bidder hereby v.'aives any ac,d ail claims, of whatever nature, against Owner, Engineer, and their employees and agents, which arise out of or relate to such investigation and evaluation, and S+.atements made as a result thereof, except for statements that can be SbO"'l1 by clear and comincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a Contract pursuant to law. 5.01 Bidder ",in complete the Work in accordance with t.he Contract Documents for the follov..'ing price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordailce ","ith paragraph 11.m.B of the General Conditions Bidder aclmowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, a.Tld final payment for an lJnit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. item Units Qty Total Price BASE BID: LUMP SUN! 55TI:l. AND QUEBEC AND B..&..SS CREEK CIRCLE UTI STATION CONTROL P J<...l"lELS LS $ 5~) leSS'. CO 1 AL TE.R1"'lATE NO.1: LUMP SUM 49TH AND FLAG LIFT STA TJON CONTROL P-,\..1\lEL LS s ~(j;.J '1 ~~.fJb OOOO~Q618soaIDFORM 00410-3 610 FORM ~ No. Item Units Qty Total PrIce Substitute Items: The Bidder may indicate a price for equipment not included in the Base Bid in the space pWllided below as an Add or Deduct from the Base Bid amount. It is understood that the Owner retains the rig.1n to include any or none of these Alternate Items: Item Manufacu!rer Add or Deduct Item Manufacturer Add or Deduct $ Item lvlanufacturer Add or Deduct $ 00003406 J3S0SJDFORM 004] ()-4 SID FORM r~ 6.01 Bidder agrees that the work will he Substantially Completed and completed and ready for Final Payment in accordance .....ith paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days lndicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work "..ithin the times specified above, which shall be stated in the Agreement. 7,01 The fonowing documents are att.ached to and made a condition of this Bid; A. Required Bid Security in the fonn of 5 Percent. 8.01 The terms used in this Bid v.>ith inilial capiUllletters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SD'BMIITED on 1)- 14 ,2006 If Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: Fax No.: 000034061850BlDFOK'4 00410-5 BID FORM A Partnershiu A Corporation GOOOHll6185C1BIDFOfuYj Partnership Name: (SEAL) By: (Signature of general partner) N arne (typed or printed): Business address: Phane No.: Fax No.: Corporation Name: Eledr\cc.\ ~\s+'4.LbtWf\ '\- V'~lc.lt'\iev$':riC~SEAL) State of Incorporatian: Type (General Business, Professional, Ser.!ice, Limited LiabiJity): E lec;+ I L CL:. ( CC,irC'c +()(' By: fj ~ f/ Name (typed or printed): $o...\)\ d L f\.I5lcK I Title: t""J(\ ,I '+- \" Ie S\CLQ.\\.\ Attest . , . , ( #)LJ...J...4i:?J!V'l Kl5 (:.0. &1"/ \ (Signature of Corporate Secretary) (CORPORA. TE SEAL) Business address; iJ...f7[{) ,'"' I'< I Co . '\. d era V\!'\[' \1) I 'v <::A..D E. ~ to. \1" I vvvv S- S" 3 ;:;;-9 n'") 1-1/)C,'" .3/)Ljli Phone No.: . I h.) '. '.2 7 Fax No.: 1 b 3 " /.I'l9' -- j /J ~5- 0041 il-6 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Phone and Fax NUluber, and Address for receipt of official corr...munications: (Each joint venturer must sign. The maTh"1er of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUrvffiNT 00003406 :SSCfBIDFOI!M 00410-7 BID FORM J ~ Bonestroo -=:II Rosene 1\11 Anderfik & . ~. Associates Engineers & Architects BIDDER: ~v'l;hde~ lic.h- M~JeG .systems Inc, DOCUMENT 00410 BID FORM 2006 LIFT STATION CONTROL P A!\TEL REPLACEMENT 81'.' p, rv CITY PROJECT NO. 798 1 FILE NO, 000034-06185-0 1';"EW HOPE, MINNESOTA 2006 THIS BID IS SUBMITTED TO: City of New Hope, Minnesota City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.0 I The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with O'wner in the fonn included in the Bidding Documents to perfonn all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other tenns and conditions of the Bidding Documents. 2.01 Bidder accepts all of the tenns and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid \\~1I remain subj ect to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: o tl -e.. ( J"J Addendum Date Addendum No. -:s Ld y 7,.. , ).. 00 b B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and perfonnance of the work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and perfonnance of the work. 00003406 I 850BIDFORM 00410-1 BiD FORM D. E. F. G. H. 1. 1. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or perfonnance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the detennination of this Bid for perfonnance of the work at the price(s) bid and within the times and in accordance with the other tenns and conditions of the Bidding Documents. Bidder is aware of the general nature of work to be perfonned by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. Bidder has correlated the infonnation known to Bidder, infonnation and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the WTItten resolution thereof by Engineer is acceptable to The Bidding Documents are generally sufficient to indicate and convey understanding of all tenns and conditions for the perfonnance of the work for which this Bid is submitted. 4,01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or finn to submit or not to submit a Bid for the purpose of restricting competition. 000034061850BIDFORM 00410-2 BID FORM 4.02 Bidder understands that the law may require the Owner, or Engineer at the Ov-mer's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a Contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be sho'wn by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a Contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance \vith paragraph 11,02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Total Price BASE BID: LUMP SUM 55TH AND QUEBEC AND BASS CREEK CIRCLE LIFT STATION CONTROL P A1'<"ELS LS $ 6 5, q CJ e CJ 0 I 2 ALTER1~ATE NO.1: LUMP SUM 49TH AND FLAG LIFT ST A TION CONTROL PANEL LS $ 32, 95l)@ I (}O 00003406 J 850BIDFORM 00410-3 BID FORM No. Total Price Item Units Qty 000034061850BIDFOlllvl Substitute Items: The Bidder may indicate a price for equipment not included in the Base Bid in the space provided below as an Add or Deduct from the Base Bid amount. It is understood that the O\vner retains the right to include any or none of these Alternate Items: Item Manufacturer Add or Deduct Item Manufacturer Add or Deduct Item Manufacturer Add or Deduct 00410-4 $ $ s BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph l4.07.B ofthe General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event offailure to complete the work within the times specified above, which shaIl be stated in the Agreement. 7.01 The following documents are attached to and made a condition ofthis Bid: A. Required Bid Security in the form of 5 Percent. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SD13MITTED on :r 41 y 14 ,2006 If Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: Fax No.: 00003406 I 850BIDFORM 00410-5 BID FORM A Partnership A Corporation 000034061850BlDFORM Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business address: Phone No.: Fax No.: Corporation Name: Wl"lI'IC~f'.11> I ~ ch- hl-:?,)ec. SeI^V; (.e'Sc~SEAL) State of Incorporation: IY\ in VI e ,) 0 t;;'\. Type (General Business, Professional, ervice, imited Liability): Se.rv i c. e.. By: /""7 /' L~/ ,C, c I ' ;' /' i a~dd:::t ci~' c - /uJU , tex A Pled ~onature) Name (typed or printed): LV ~ltet-- Jnill J c:.. c... ,:) . Title: V;ce. VV'e-S;Je.~t Attest ~~~c~ (CORPORA TE SEAL) _ (Signature of Corporate Secretary) I €.Jr'j .A--Fo ~':':l Business address: S5"oJ Rd. r@ ltl m~ntleJOt\k.~ J MAl Phone No.: Q5A. -CJ33'- 3'~AA ft1 t v') ~1 e ~ O+~ E Ie c:h..', c11 1}5 3 Li 'cc~ Fax No.: q f:4. - Q'3 '3'= Db tJ '8 CC ':H"f-tr'4Giov.-> N&l "VI bfefr' "'!""' C A 0 Lf 0 , Cj 00410-6 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of j oint venture partner) Name (typed or printed): Title: Business address: Phone No,: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034061850BIDFORM 00410-7 BID FORM AlA DOCUMENT A3l 0 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we WUNDERLICH-MALEC SYSTEMS, INC. as Principal, hereinafter called the Principal, and OHIO FARMERS INSURANCE COMPANY a corporation duly organized under the laws of the State of OHIO as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF NEW HOPE, MINNESOTA as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE BID SUBMITTED ( 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2006 LIFT STATION CONTROL PANEL REPLACEMENT NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perforn1 the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14TH day of JULY, 2006 ~-tl ~ (Witness) WUNDERLICH-MALEC SYSTEMS, INC. (Principal) (Seal) ~(~ $~ Title OHIO FARMERS INSURANCE ------.-----"", DUANE MISCH (Witness) / /~/ L;~/ ~'~'}~ ACKNOWLEDGEMENT OF CORPORATE SURETY On this 14TH day of JULY 2006 , before me appeared DUANE MISCHKE , to me personally known, who, being duly sworn, did say that he or she is the ATTORNEY-IN-FACT of OHIO FARMERS INSURANCE COMPANY , that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said DUANE MISCHKE acknowledged said be the free act and deed of said corporation. (Notarial Seal) General Power of Attorney POWER NO. 2262642 16 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio CERTIFIED COPY Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a ~Company~ and collectively as ~Companies: duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint DUANE MISCHKE, PATRICIA H. BORCHERS, PETER M. BRADT, JOINTLY OR SEVERALLY of BLOOMINGTON and State of MN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - .. - - - - .. - - - - - - - .. - - - - - .. - - - - - - - - - - - - - - - - - - - - - - - .. - - - - - - - - - - - .. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY. vVESTFiELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.~ ~Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 14th day of AUGUST A.D., 2002 . ~..."nlt",,,., Corporate .....:\\~W R.t,,""', Seals /'~ '1...........'!,C;.'". Affixed ! ~./ -=r.o ..... ~ \ ~it: SEX I ~() i ~ ~i .MJ.a i;! ; i,t)4. ;1:>. j \ ~'" '=" ...~ 4 ~"\ ..................... ':o~$ ...... .~ State of Ohio ......~ County of Medina ss.: l\\\\\'III'f", .....,..'':\ \ON..i\l.. I ""t .... <,y.. ........../\/)' "';.. ........ ":'""..- -.:!' ..... /2/ '-(\\ :;0;-. SEAL .r::: .. -. .....'- \~.....,......,.........~~;;) ""'1"'1117."",'\\\\' ...,~'''''U''II,,, ,":;'c. \\\SUN.i';"" ,.,,~ 't-':'. ..... .-.':!'J'".'" .,~. - .~it"~ f~"t.'At.RTERi~\S \ =0: :~= \%,\ 1848 Nil \ -9.... -<> ......t:;~.l ~"" ....... ..""........... """;'11'111"'" WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSU~~~ Q By: /~ cp c Richard L. Kinnaird, Jr" Senior Executive On this 14th day of AUGUST A.D., 2002 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. ~ Notarial dA ... . S~ ' Aiiixed State of Ohio County of Medina William J. Kahelin, A rney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) sS.: I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this14th day of July A.D., 2006' ~..u..uu""." ....'.\ ~ W R.t';""" ".' '''' ........ c;:,'" ~.~,.., ....'\. ~ .l lit..' -=r.o .... ~ , l~fS~XI \~i .~. ~:~= '; i,t)~. .11:>. j "" ~... nro ~.S' i ~..... .. ,,-~ .,~.....,~:~~/ "l,'\I~rHI'f, ,\'\'..<\ON!\!..;"'" ....... , ~.....\.,.,......./v'" ".. /,~ ",;.., ...~(/--:-'. If?" ....l~ --. SEAL ',,: \~,.............,...../f/ '~"'" * \\\\\\ "'Hlltl1'" ,.dll'U'", ,....,.... \"SUN ;~"'" ,.., ~.......;.':!'J't'. '''?, f~... - ...'(f'1- f ~"'t'At.RTERifj".S ~ :...-:: . :BE i~.~ :~: ~~.... 1848 ..~~ ,,;f:i). e. ... _ ~.:- ";., ii ....:c:-...." 4 ........... ""'" ............ """'H.tU,\)'l' ~;nod~et~ S,_ary BPOAC2 (combined) (06.02) ~ Bonestroo -=:II Rosene U Anderlik & 1 ~ 1 Associates Engineers & Architects BIDDER: C6/\JTR..OL ASSEfY).BLl~ f' , 1 L.c If) P Ii J\J 'T DOClJMENT 00410 BID FORM 2006 LIFT ST A nON CONTROL PANeL REPLACEMENT CITY PROJECT NO, 798 FILE NO. 000034-06185-0 1'-.TEW HOPE, MTh.TNESOTA 2006 py THIS BID IS SUBMITTED TO: City of New Hope, Minnesota City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.0 I The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid \vill remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Ovmer. 3,01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. llDPE-N DU ,'i\ .~ 1 Addendum Date 7/7/0Co B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and Proj ect Site conditions that may affect cost, progress, and performance of the work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the work. 000034061850BIDFORJ,I 00410-1 BID FORM D. E. F. G. H. 1. J. Bidder has carefully studied all: (l) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. Bidder has correlated the information lmO\'vn to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. Bidder has given Engineer \vritten notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the \vritten resolution thereof by Engineer is acceptable to The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this Bid is submitted. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose ofrestricting competition. B. The prices in this Bid have not or will not be lmowingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose ofrestricting competition. 000034061850BlDFORM 00410-2 BID FORM 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a Contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a Contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph l1.03.B of the General Conditions Bidder aclmowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, detennined as provided in the Contract Documents. No. Item Units Qty Total Price BASE BID: LUM:P SUM 55TH AND QUEBEC AND BASS CREEK CIRCLE LIFT STATION CONTROL PAJ\TELS LS $ 77J 753 cC 2 ALTERNATE NO.1: LUMP SUM 49TH AND FLAG LIFT STATION CONTROL PANeL LS $ OC 000034061850BlDFORM 00410-3 BID FORM No. Item Units Qty Total Price Substitute Items: The Bidder may indicate a price for equipment not included in the Base Bid in the space provided below as an Add or Deduct from the Base Bid amount. It is understood that the Owner retains the right to include any or none of these Alternate Items: Item Manufacturer Add or Deduct 5) Item Manufacturer Add or Deduct 5) Item Manufacturer Add or Deduct s 000034061850BlDFORM 00410-4 BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14,07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the fonn of 5 Percent. 8.01 The tenns used in this Bid \'lith initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Sl.TBMITTED on -::s U L'1 F-rr~ ,2006 If Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: Fax No.: 000034061850BIDFORM 00410-5 BID FORM A Partnership A Corporation 000034061850BlDFORM Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business address: Phone No.: Fax No.: Corporation Name: Ct:>;J 1('..()L AS~EmI3U6S CD (SEAL) State of Incorporation: fill iU tJE,$O rA Type (General Business, Professional, Service, Limited Liability): ~/~ GfN~L BusiI-v E$S By: (Signature) Name (typed or printed): CHfr~ IVUBcud- Title: VLUL p~~~,"\ ~ (CORPORATE SEAL) Attest ~"1 ~ ~ (Signature of CO'rporate Secretary) Business address: 15400 MEV/lllA- ~~A-O Pt..~ fYl00TvI, fl;uJ , .5 5'-147 bC:,3) S5'7-CfbLJ6 Phone No.: (n3) SS7-9711 Fax No.: 00410-6 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034061850BIDFORM 00410-7 BID FORM Control Assemblies Co. 15400 Medina Road Minneapolis, Minnesota 55447 OEM Systems & Factory Automation Specialists (763) 557-9711 FAX: (763) 557-9646 July 14, 2006 City of New Hope Control Panel Replacement Project City No. 798 File No. 000034-06185-0 June 2006 Bids opened 1 :30PM, DST July 14, 2006 Items Included in this bid This cover letter List of 6 completed projects Statement regarding Affirmative Action Plan Bid Form, Breakdown of Lump Sum Price 5% Certified Cashiers Check Copy of Safety Program Thank you for the opportunity to supply this proposal. Regards, CJM~ Chad Tverberg Systems Integrator C: Mike Klasen - Lakeland Engineering Equipment Company page 2 Prime Contractor Control Assemblies Company Will provide engineering, drafting, control panels, instruments, project management and on-site start-up assistance. Sub-contractors CACo Services Co LLC Will provide electrical contractor services such as electrician labor, pipe and wire for the project. List of 6 similar projects City of Edina Edina, MN 2005: CACa Project No. 4839 - Allen Bradley PLC control panels and miscellaneous field instrumentation, cables, cabinets for the city. Total value for the various filtration plants, sanitary lift stations, and well projects totaled in excess of $1,400,000.00. Fridley Filter Plant Minneapolis, MN 2004: SCADA system upgrade consisting of Allen Bradley PLC panels, instruments, and installation, Project value of $1.5M. Contact: Rob Verke . City of Eagan Eagan, MN 2004: Allen Bradley PLC panels and miscellaneous field instrumentation for expanded water treatment facility. CA was a subcontractor to Premier Electric Project value of $650k. Contact: Premier Electric Army Corp of Engineers Mead, NE 1998: Ground water remediation project consisting of Modicon PLC's, control panels, RF telemetry, HMI, MCC's, software, installation/start-up assistance. 2 remote sites and one main water processing building, Project value approximately $200,000. Contact: Matt Bowers @ Wenck Associates Alexandria Lakes Area Sanitary District Alexandria, MN 1994: 15 remote lift station panels for wastewater treatment. Project consisted of Modicon PLC's, control panels, and RF telemetry. Project value approximately $90,000. Contact: ALASD page 3 City of Anoka Anoka, MN 2000: 3 remote lift station panels for wastewater treatment. Project consisted of PLC's and control panels. Project value approximately $48,000. Contact: City Maintenance Dept. Affirmative Action Statement For the Fridley Filter Plant project we submitted an Affirmative Action Plan. The plan was subsequently approved. CONTROL ASSEMBLIES COMPANY SAFETY MANUAL TABLE OF CONTENTS MAN1298A.DOC 11/3/98 Reviewed 12/07/2004 Section Statement of Accountability Our Safety Goal Safety Responsibilities Drug Free Workplace Policy General Safety and Health Policies COMPANY SAFETY RULES Emergency Response and Reporting First Aid Customer Safety Standards, Policies, and Variances OSHA Recordkeeping and Injury/Illness Reporting Accident Investigation Personal Protective Equipment Housekeeping Signs, Signals, and Barricades Fire Prevention and Protection Hand and Power Tools Electrical Motorized Vehic1es Excavations, Trenching, and Shoring Elevated Work and Fall Protection Scaffolding LOCK OUT / TAG OUT PROGRAM/PROCEDURES Purpose and Scope of Program General Policies and Procedures Sequence of Lock Out! Tag Out Procedures Restoring the Equipment to Operational Status Group Lock Out / Tag Out Definitions TRAINING REQUIREMENTS Affected Employees Superintendents HAZARD COMMUNICATION PROGRAM Material Safety Data Sheets (MSDS) Labels and Other Forms of Warning Methods for Coordination of Hazard Information w/Outside Contractors Hazard Determination Employee Information Section MAN1298A.DOC 11/3/98 Reviewed 12/0712004 Page #'s 1 2 2 3 4 5 5 6 5,6 6 6,7 6 6,7 7 7,8 8,9 9,10 10,11 11 11 11 11 11 12 12,13 13 13 14 14,15 15 15 15,16 16 16 17 17 17,18 Page #'s RESPIRATORY PROTECTION PROGRAM General Policies and Procedures Respirator Selection Respirator Use Maintenance, Storage, and Repair of Respirators HEARING CONSERVATION POLICY INCIDENT INVESTIGATION PROCEDURES General Procedures Emergency Action Plan Emergency Notification Procedures Emergency Reporting Numbers General Policies and Procedures for: Tornado Response To Serious Injuries Fires Confined Space Entry Policy General Policies and Procedures Confined Space Entry Permit FORMS: Accident Investigation Report 19 19,20 20 20,21 22,23 24 25 25 26 27 27 27 28 28 29 29-31 32,33 MANI298A.DOC 11/3/98 Reviewed 12/07/2004 33,34 MINNESOTA SECRETARY OF STATE DOMESTIC AND FOREIGN LIMITED LIABILITY COMPANY ANNUAL RENEWAL Minnesota Statutes Chapter 3228 Must be filed by December 31 READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM CURRENT INFORMATION ON FILE: 1. File #: 11735-LLC 2. This LLC is formed under the laws of: MINNESOTA 3. Limited Liability Company Name: (required) CACa Services Company, LLC 4. Altemate Name, if any (Foreign LLC only): 5, Registered Agent! Registered Office Address: (required) Agent's Name: (if applicable) Street: 5735 Lindsay Street City: Minneapolis State: MN Zip: 55422 6. Principal Executive Office Address: (required) (PO Box alone is not acceptable) 5735 Lindsay Street Zip: 55422 City: Minneapolis State:MN 7. Name and business address of manager or other person exercising the principal functions of the chief manager of the limited liability company: (Required) Name: B. C, Fox 5735 Lindsay Street City: Minneapolis State: MN Zip: 55422 8. Does this limited liability company own, lease, or have any financial interest in agricultural land orland capable of being farmed? X Yes No 9. Name and daytime telephone number and/or e-mail address of a contact person: Name: RD. Quem E-Mail address:rquern@lakelandengineering.com ( 763 ) 544-0321 Ext. 328 NOTICE: Failure to file this form by December 31 of this year will result in the termination or revocation of this limited liability company without further notice from the Secretary of Stat~, pursuant to Minnesota Statutes, section 322B.960. bus6B Domestic and Foreign LLC Annual Rens\'.raf Rev. 8-05 ,,~"0;i'~;:,}~ KIMBERLY MCLEARY /t NOTARY PUBLIC \~. , MtNNESOT A : ,..,;?;;~::;:~,~}.,.. My Commission Expires Jan. 31. 2009 /1 /'} /11 [:(( L/tj-- ~.-,.~ ., -~ ....- ,,,,", ~...,. Letter of Transmittal n Bonestroo I!II:III Ro s e n e "ff.'II AnderJik & ~~1 Associates Engineers & Architects .~ Date: July 17, 2006 We are sending you: Project: New Hope 2006 Lift Station Control Panel Replacement [8J Attached o Under Separate Cover o Shop Drawings o Specifications o Plans File No: 000034-06185-0 o Copy of Letter 0 Samples o Change Order o To: Chad Tverberg Control Assemblies Co. 15400 Medina Road Minneapolis, MN 55447 Re: Return of Bid Bond - Certified Check Copies Description Code 1 Returned of Original Bid Bond - Official Check $500,00 2 These are transmitted: (See Code) 1. For approval 5. No exceptions taken 2. For your use 6. Make noted corrections 3. As requested 7. Amend and resubmit 4. For review and comment 8, Resubmit _ copies for review 9. Submit _ copies for distribution 10, Return _ corrected prints 11. For Bids Due: 12. Remarks: cc: Guy Johnson, City of New Hope Signed: Chuck Oehrlein, Project Manager {hi/Cd' ~r~~ #~ Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com S1. Paul Office: 2335 West Highway 36 St. Paul. MN 55113 Phone: 651-636-4600 Fax: 651-636-1311 Milwaukee Office: 1516 West Mequon Road Mequon, WI 53092 Phone: 262-241-4466 Fax: 262-241-4901 Rochester Office: 112 7th Street NE Rochester, MN 55906 Phone: 507-282.2100 Fax: 507-282-3100 Will mar Office: 205 5th Street SW Willmar, MN 56201 Phone: 320-214-9557 Fax: 320-214-9458 51. Cloud Office: 3721 23m Street S St. Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 09544 j..-<:::'-r OFFICIAL CHECK 0954406106 Office AU= 1:~C,5) Oo"'ator !.o,: main1022 ffth7834 July 14, 2006 PAY TO THE ORDER OF ***CITY OF NEW HOPE*""* ***Four thousand dollars and no cents*** **$4,000.00** WELLS FARGO & COMPANY ISSUER VOID IF OVER US S 4.00000 420 MONTGOMERY STREET 1UJ -/ SAN FRANCISCO. CA 94163 ' ^- ~ PAYABLE AT WELLS FARGO BANK, NA if FOR INQUIRIES CALL (480) 394-3122 CONTROLLER 1110 g 5 L. L. 0 b ~ 0 b III I:. 2 ~ 0 0 0 2 L. B I: L. B b. 50 7 2 7 5111 Project Manual For 2006 LIFT STATION CONTROL PANEL REPLACEMENT CITY PROJECT NO. 798 ew e, Minnesota File No. 000034-06185-0 J nne 2006 . fl. Bonestroo ~Rosene "t\lt AnderBik & " \J' Associates Engineers & Architects From: RayeAnn Hoffman To: John M Date: 8/9/2006 Time: 3:34:58 PM Page 1 of 1 - I ACORQ, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 08/09/2006 PRODUCER (763)535-9593 FAX (763)535-2531 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Erickson Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3811 West Broadway AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~Ii nneapo 1 is, ~IN 55422 INSURERS AFFORDING COVERAGE NAIC# INSURED E1 ectrica1 Install at i on and ~Iai ntenance, Inc. INSURER A United Fire & Casualty Company 1480 Count Road 90 INSURER B t<lap1e Plain, t<IN 55359-9525 INSURER C INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGI\TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ..DD', 1YPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 60064459 08/18/2005 08/18/2006 EACH OCCURRENCE $ 1,000,000 - ~~F1~~~~J9t=~~~:,~r;nN' 1 X COMMERCIAL GENER!'.L LIABILITY 100,000 I CLAIMS MADE [8] OCCUR MED E/P (Anyone person) $ 5,000 A PeRSONAL & ADV IN.JJRY $ 1,000,000 - GENERAL P..GGREGATE , 2,000,000 - GEN'L ."'.GGREGATE LIMIT .".PPLlES PER PRODUCTS - COMP/OP AGG $ 2,000,000 I ,nPRO- n POLICY ,ECT LOC AUTOMOBILE L1ABILl1Y 60064459 08/18/2005 08/18/2006 COMBINEO SINGLE LIMIT X (Ea accIdent) $ ANY AUTO 1,000,000 - P-LL OV-/NED AUTOS BODll Y INJURY X {Per person} , SCHEDULED AUTOS A X HiRED AUTOS BODll Y li,JURY X {Per accident} $ NON-O\\NED j:>'JJTOS - - PROPERTY D,AJ.1';:',GE $ (Per accident) GARAGE L1ABILl1Y A,UTO ONL Y - E,;; A.CClOENT ;~ ==l .ANY.AJJTO OTHER TH,':',N EA ACe , AUTO ONLY .~,GG EXCESSIUMBRELLA L1ABILI1Y 60064459 08/18/2005 08/18/2006 EACH OCCURRENCe , 2,000,000 :::8J OCCUR n CLAIMS MADE .A.GGREGATE , 2,000,000 A ; ==l DEDUCTiBLE , F~ETEr'4TION $ $ WORKERS COMPENSATION AND 60064459 08/18/2005 08/18/2006 I ~~~TS;1~-sl IOJ;:;~- EMPLOYERS'LIABILl1Y EL EACH ACCIDENT 500,000 A ,l.NY F'RO?RIETOR/P,A.RT~JER;EXECUTIVE , OFFICER/MEMBER EXCLUDED? E l DISEA.sE - E."'. EMPLOYEE $ 500,000 If yes, describe under EL DISEASE - F'OL!CY liMIT $ 500,000 SPEC!,t..,L PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'roject: New Hope 2006 Lift Station onest roo Rosene Anderl i k (Engineer) and City of New Hope (Owner) are 1 i sted as additi ona1 insureds for ~enera 1 liability as it applies to the project 1 i sted above. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VV1Ll ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Bonest roo Rosene Ander1 i k BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILl1Y 2335 W Highway 36 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Roseville, t<IN 55113 AUTHORIZED REPRESENTATIVE &- fro'" k s.r:>t.-. Ben Erickson/BUDDY ACORD 25 (2001/08) FAX: (651)636-1311 @ACORD CORPORATION 1988 From: RayeAnn Hoffman To: John Mueller Date: 8/9/2006 lime: 3:36:42 PM Page 1 of 1 ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 08/09/2006 PRODUCER (763)535-9593 FAX (763)535-2531 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Erickson Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3811 West Broadway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~li nneapol i s, ~lN 55422 INSURERS AFFORDING COVERAGE NAIC# INSURED El ectrical Install ation and ~lai ntenance, Inc. INSURER A United Fire & Casualty Company 1480 Count Road 90 INSURER B ~laple Plain, ~lN 55359-9525 INSURER C INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. If'~ I~~?,'~ TYPE OF INSURANCE POLICY NUMBER P,!?}.\%Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 60064459 08/18/2005 08/18/2006 E.';CH OCCURRENCE $ 1,000,000 X COMMERCIAL GENER;'L L1;'BILlTY ~~~~~~~J9c~~~; Er~n~~' ; 100,000 - ~ CLAIMS M;'DE [8] OCCUR tilED EXP (,Anyone person) $ 5,000 - A PERSONAL /; .~DV INJJR Y $ 1,000,000 - GENER.A.!.... A.GGREGA I E $ 2,000,000 - GEI,'L AGGREGAI E LIMIT APPLIES PER PRODUCTS - COMP/OP ;',GG $ 2,000,000 "'I n PRO- nLOC POLICY ,ECT AUTOMOBILE LIABILITY 60064459 08/18/200S 08/18/2006 COMBINED SINGLE LIMIT X $ t-.NY AUTO (Ea accident) 1,000,000 - AiL O'l'yNED AUTOS BODIL Y INJURY - {Per peGon} $ X SCHEDULED AUTOS A - X HiRED AUTOS BODIL Y INJURY X (Per accident) , NON-O\/\NED ,AJ,JTOS - - PROPERTY D.~J.t~,GE $ {Per aCCident} GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ =1 ;'NY AUTO OTHER THp..J'~ EA ACe . AUTO ONLY AGG S EXCESSJUMBRELLA LIABILITY 60064459 08/18/200S 08/18/2006 EACH OCCURRENCE " 2,000,000 IJ OCCUR n CL';IMS MADE AGGREGATE ,; 2,000,000 A $ =1 DEDUCTIBLE $ RETENTION .. $ WORKERS COMPENSATION AND 60064459 08/18/200S 08/18/2006 I WCSTAIU-,I IOJ~- TORY 1t,.1ITS EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 500,000 A ;'NY PRO?RIETORJ?A}'!TNERiEXECUTIVE OFFICER/MEliIBER EXCLUDED? E L DISEASE - E.~. EM?LOYEE $ 500,000 Ii yes. descnbe under E.L. DISE.A.SE - POLlCY LIMIT $ 500,000 SPECI,t.L PROVISIONS belo;'{ OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: New Hope 2006 Lift Station Bonest roo Rosene Anderl i k (Engineer) and City of New Hope (Owner) are 1 i sted as additional insureds for genera 1 1 i abi 1 it Y as it applies to the project 1 i sted above, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Bonest roo Rosene Anderlik BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2335 W Highway 36 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, Roseville, ~lN 55113 AUTHORIZED REPRESENTATIVE &.... El'l't k So..,-- Ben Erickson/BUDDY ACORD 25 (2001/08) FAX: (651)636-1311 @ACORD CORPORATION 1988 ~ Bonestroo II::IlIJ Rosene "till Anderlik & . \J 1 Associates Engineers & Architects ADDENDUM NO.1 For 2006 LIFT STATION CONTROL PANEL REPLACEMENT FILE NO. 000034-061850 NEW HOPE, MINNESOTA July 7, 2006 Number of Pages 2 (includes this sheet) To: All Plan holders of Record From: Bonestroo, Rosene, Anderlik and Associates, Inc. 2335 West Highway 36 St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4793 - Chuck Oehrlein, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt 'of this Addendum on the Bid Form, Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo & Associates at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date 000034-06185-0 A1-I ADDENDUM NO.1 PROJECT MANUAL SECTION 16904 - TELEMETRY AND SCADA MODIFICATIONS 1. Page 16904-4, Paragraph 2.01.C. Add the following: C. Upgrade the existing RsView (32K runtime) and SCADALARM software on the New Hope Public Works Building SCADA computer to the latest available versions. LIST OF ATTACHMENTS 1. None. END OF ADDENDUM 000034-06185-0 Al-2 ADDENDurvl NO, 1 DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. .~ ~{J - AAJ-o. " /p.,~ JohfJ p, Carlson, P.E, Date: June 2. 2006 END OF DOCUMENT 000034-06185-0 ,~ 2006 Bonestroo, Rosene, Anderlik & Associates Inc. Reg. No. 24001 PROFESSIONAL CERTIFICATIONS DOCUMENT 000 I 0 TABLE OF CONTENTS 2006 LIFT STATION CONTROL PANEL REPLACEMENT CITY PROJECT NO, 798 FILE NO. 000034-06185-0 NEW HOPE, MIN1,rESOTA 2006 Introductory Information 00005. Professional Certifications 00010, Table of Contents Bidding Requirements 00100. Advertisement for Bids 00200. Instructions to Bidders 00410. Bid Form Contracting Requirements 00520. Agreement Form 00610. Performance Bond 00615, Payment Bond 00700, EJCDC C-700 General Conditions (Bound in back of Project Manual) 00800. Supplementary Conditions Specifications Division 1 - General Requirements 01100. Summary 01310, Proj ect Management and Coordination 01330. Submittal Procedures 01600. Product Requirements 01700. Execution Requirements 01785. Operation and Maintenance Manuals Division 16 - Electrical 16903, Submersible Lift Station Control Panels 16904. Telemetry and SCADA Modifications END OF DOCUMENT 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, lnc, TABLE OF CONTENTS DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue, until 1 :30 P.M., C.D.S.T., on Friday, July 14, 2006, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: 2006 Lift Station Control Panel Replacement. City Project No. 798 In general, work consists of: Replacing outdoor control panels at 3 existing lift stations (2 Base Bid and 1 Alternate) along with associated modifications to the existing SCADA master equipment at the Public Works Building. Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West Highway 36, St. Paul, MN 55113, (651) 636-4600 upon payment of a non-refundable fee of 840.00. Bidding Documents may be seen at the office of the City Clerk, New Hope Minnesota and at the Issuing Office. Bidding Documents can also be purchased with a credit card over the internet website at Wvvvv. bonestroo. com, Direct inquiries to Engineer's Proj ect Manager, Chuck Oehrlein at (651) 604-4793. Bid Security in the amount of five percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Daniel Donahue, City Manager City of New Hope, Minnesota 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, mc, ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE I-DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder - The individual or entity who submits a Bid directly to Owner. B. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. C. Successful Bidder - The lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office identified in the Advertisement for Bids. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the work and do not confer a license or grant for any other use, ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the work, each Bidder must be prepared to submit within 5 days of Owner's request written evidence of financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's qualification to do business in the State where the project is located or covenant to obtain such qualification prior to award of contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-1 INSTRUCTIONS TO BIDDERS C, Refer to Specification Section 16903 - Submersible Lift Station Control Panels, Article 1,04 - General Requirements for further detaiL ARTICLE 4-EXAi\l1INATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: I. Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that Engineer has used in preparing the Bidding Documents. 2, Those Drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Proj ect Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents, B. Copies of reports and drawings referenced in Paragraph 4,0 1.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions, Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such Drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Project Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including O'wner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Proj ect Site, if any, that Engineer has used in preparing the Bidding Documents, 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-2 INSTRUCTIONS TO BIDDERS B. Copies of reports and drawings referenced in Paragraph 4,03 ,A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4,06 of the General Conditions has been identified and established in Paragraph 4,06 ofthe Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such Drawings. 4,04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4,04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Proj ect Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid, Bidder shall fill all holes and clean up and restore the Project Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Project Site by Owner or others (such as utilities and other prime contractor's) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4,07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. visit the Project Site and become familiar with and satisfy Bidder as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the work; 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, lnc, 00200-3 INSTRUCTIONS TO BIDDERS D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Proj ect Site and all Drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which have been identified in the Supplementary Conditions as provided in Paragraph 4,06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance ofthe work at the price bid and within the times and in accordance with the other terms and conditions ofthe Bidding Documents; G. become aware ofthe general nature ofthe work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc, 00200-4 INSTRUCTIONS TO BIDDERS 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. ARTICLE 5 - PROJECT SITE AND OTHER AREAS 5.01 The Project Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing faculties are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. ARTICLE 6 - INTERPRETATIONS AL'ID ADDENDA 6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing, Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 7 - BID SECURITY 7.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5,01 and 5,02 of the General Conditions. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-5 INSTRUCTIONS TO BIDDERS 7,02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security ofthat Bidder will be forfeited. The Bid Security of any Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the 7th day after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned, 7,03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 8 - CONTRACT TIMES 8.01 The number of days within which, or the dates by which, the work is to be (a) Substantially Completed and (b) also completed and ready for Final Payment are set forth in the Agreement. ARTICLE 9 - LIQUIDATED DAMAGES 9,01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 - SUBSTITUTE Ai'ID "OR-EQUAL" ITEMS 10.01 Throughout the Drawings and Specifications, specific manufacturers have been referred to for some items of equipment. Bidders are advised that these manufactures shall be utilized for the Total Base Bid, The "or-equal" clause shall be utilized as part ofthe Substitute Items Bids. Space has been provided on the Bid Form for Bidders to list the Base Bid manufacturer and Substitute Items, Manufacturers of unnamed equipment are encouraged to submit a quotation to Bidders as a Substitute Item if the proposed item is of equal quality, function, and performance to the named Base Bid manufacturers. 10.02 The procedure for submittal of any such application by Bidder and consideration by Engineer is set forth in the General Conditions, Documentation shall be submitted immediately after the Bid Date. 10.03 Bidder shall enter the total deduct from the Total Base Bid in the column labeled "Deduct From Total Base Bid" on the space provided on the Bid Form, The deduct shall include all costs to incorporate the Substitute Item into the work, consistent with the General Conditions, 000034-06185-0 @ 2006 Bonestroo, Rosene, Ander1ik & Associates, Inc. 00200-6 INSTRUCTIONS TO BIDDERS ARTICLE 11 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 11.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6,06 ofthe General Conditions. 11.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 12 - PREPARATION OF BID 12.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 12,02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid Item listed therein, 12,03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature, 12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign, The official address of the partnership shall be shown below the signature, 000034-06185-0 00200-7 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS 12,05 A Bid by a limited liability company shall be executed in the name ofthe :firm by a member and accompanied by evidence of authority to sign. The state of formation of the :firm and the official address ofthe :firm must be shown below the signature, 12.06 A Bid by an individual shall show the Bidder's name and official address, 12,07 ABid by ajoint venture shall be executed byeachjoint venturer in the manner indicated on the Bid Form. The official address of the joint venture must be shown below the signature, 12.08 All names shall be typed or printed in ink below the signatures, 12.09 The Bid shall contain an aclmowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10 The address and telephone number for communications regarding the Bid shall be shown. 12,11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award ofthe Contract. Bidder's state Contractor license number for the state of the Proj ect, if any, shall also be shown on the Bid Form. 12.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form, 12.13 Bidders may list proposed Substitute Items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item Specification Section number, name, and the total deduct to the Total Base Bid for each Substitute Item proposed, 12.14 Bidders shall circle the name ofthe Base Bid Manufacturer they will provide, if awarded the Contract. Bidders shall circle only one name for each item, If they Bidder fails to circle an item, then the first manufacturer listed shall be provided. ARTICLE 13 - BASIS OF BID; EVALUATION OF BIDS 13.01 Unit Price with Alternates and Alternate Equipment Bids A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided for in the Bid Form. The price for each Alternate will be the amount added to or deleted from the base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates, or the Owner may choose not to accept any .AJternate Bids. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-8 INSTRUCTIONS TO BIDDERS B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the Bid Unit Price Bid for the Bid Item, The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions, C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bidders may submit a Bid on proposed Substitute Items, The deduct price for each Substitute Item shall be the total price deducted from the Total Base Bid, if accepted by the Owner. In the evaluation of Bids, Owner may select any combination of Substitute Items, or the Owner may choose not to accept any Substitute Items. E. Bids will be compared on the basis ofthe "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose not to accept any Alternates or Substitute Items. 13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 14 - SUBMITTAL OF BID 14.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form, and, if required, the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 14.02 ABid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Proj ect title (and, if applicable, the designated portion ofthe Proj ect for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc, 00200-9 INSTRUCTIONS TO BIDDERS ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID 15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 15.02 Bids may be withdrawn after Bid Opening only in accordance with the law, ARTICLE 16 - OPENING OF BIDS 16.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly, A Bid Tabulation ofthe amounts ofthe Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids, ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTAL'TCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 18 - AWARD OF CONTRACT 18,01 If the Contract is awarded, award shall be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid, 18,02 Owner reserves the right to rej ect any or all Bids, including without limitation, non-conforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible, Owner may also rej ect the Bid of any Bidder if Owner believes that it would not be in the best interest ofthe Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the work and to negotiate Contract terms with the Successful Bidder. 18.03 More than one Bid for the same work from an individual or entity under the same or different names will not be considered, Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 18.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-10 INSTRUCTIONS TO BIDDERS 18,05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 18,06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the work in accordance with the Contract Documents, As a condition of its Bid, Bidder is required to waive any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents, which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice, This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 18,07 Ifthe Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 19 - CONTRACT SECURlTY Ai\JD INSURAi\JCE 19.01 Article 5 ofthe General Conditions, as maybe modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment Bonds and insurance, vVhen the successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds. ARTICLE 20 - SIGNING OF AGREEMENT 20.01 vVhen Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto, Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner, vVithin 10 days thereafter, Owner shall deliver two fully signed counterpart to successful Bidder with a complete set of the Drawings with appropriate identification, END OF DOCUMENT 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-11 INSTRUCTIONS TO BIDDERS In. Bonestroo LII Rosene 8 Anderflk & 1 ~ 1 .Assodates Engineers I:. Atdtlte<t< BIDDER: Elec:.-t,\co..\ ::r.t\stc-",\\ Cl-+ 101', 4 ~')'\Ct-\""te.flcl..nc...e.- DOCUMENT 00410 BID FORM 2006 LIFT STATION CON'TROL PANEL REPLACEMENT CITY PROJECT NO. 798 FILENO. 000034-06185-0 l\'EW HOPE, MJ1\'NESOTA 2006 BID COpy THIS BID IS SUBMITTED TO: City of New Hope, Minnesota City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.0 I The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement ,vith Ov.ner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance v,rith the other tenns and conditions of the Bidding Documents. 2.01 Bidder accepts all of the tenus and conditions of the Advertisement for Bids and Instructions to Bidders, including v,rjthout limitation those cleating with the disposition of Bid Security. The Bid wiII remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in \vriring upon request of Owner. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement., that: A. Bidder has examined and carefully studied the Bidding Documents, tbe other related data identified in the Bidding Documents, and the fonowing Addenda, receipt of all which is hereby acknmvledged: Addendum No, Addendum Date '7 '. 'I' 0 b B. Bidder has visited the Prqj ect Site and become familiar with and is satisfied as to t.he general, local, aTld Proj ect Site conditions that may affect cost, progress, and performance of tbe work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the work. OClOO:;<l()61 SSOBlDFORM (>0410.] SID CORM D. E. F. G. H, L 1. -- Bidder has carefully studied all: (I) reports of explorations and tests of subsurface conditioos at or contiguous to the Project Site and all dra'Mngs of physical conditions in or relating to existing surface or subsurfuce strUCtures at or contiguous to the Prqject Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Condmons, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions, Bidder has obtained and carefully studied (or assumes responsibility fOT having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data wnceming conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, 5e(juences, and procedures of construction to be employed by Ridder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data art necessary for the determination of this Bid for performance of the work at the price(s) bid and ,>vithin the times and in accordance ..\'ith the other terms and conditions of the Bidding Documents, Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents. Bidder has correlated the information known to Bidder, infonnation and observations obtained from visits to the Project Site, reports and dral,ltings identified in the Bidding Documents, and an additional examinations, investigations, explorations, tests, studies, :Lid data W1th the Bidding Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the wrir.en resolution thereof by Engineer is acceptable to The Bidding Documents are generally sufficient to indicate and convey understanding of all tenns and conditions for the perfonnance of the work for which this Bid is submitted, 4.01 Bidder further represents that: A, The prices in this Bid have been arrived at independently, v.i.thout consultation, coITl\"Jlunication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B, The prices in this Bid have not or will not be knov,.ingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. OOOO~4061&5()BIOFOR.\t 00410-2 61D FORM "'~ '., - , . 4,02 Bidder unden;tands that the Jaw may require the O\:vner, or Engineer at the Owner's direction, to undertake an investigation and subrrrit an evaluation concerning Bidder's responsiveness, responsib11ity, and qualifications before awarding a Contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents, \vhlch arise out of or relate to such investigation a.'1d evaluation, and statements made as a result thereof, except for statements that can be shown by clear and con"incing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a Contract pursuant to law. 5.01 Bidder ",ill complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in acc:ordaJ,ce with paragraph 1 I.D3.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the pwpose of comparison of Bids, and final payment for all 'lnit Price Bid items will be based on actual quantities provided, determined as prmided in the Contract Documents. No. Item Units Qty Total Price BASE BID: LUIvlP SUM 55lli AND QUEBEC AND BASS CREEK CIRCLE LIFT ST A nON CONTROLPA..~ELS LS $ 5~) (q~:S'. CO 1 ALTERNATE NO.1: LUMP SUM 49TH AND FLAG LIFT STATION CONTROL P.i\NEL LS S ~W.J 7tJ~.(Ji> 000034061 BS05!DFO:KM 00410.) aiD FC>RM ~~- -. No. Item Units Qty Total Price Substitute Items: The Bidder may indicate a price ror equipment not included in the Base Bid in the space pm....ided below as an Add or Deduct from the Base Bid amount. It is understood that the CAmer retains the right to include any or none of these Alternate Items: Item Manufacturer Add or Deduct $ Item Manufacturer Add or Deduct $ Item lvlanufacturer Add or Deduct $ 0"JO0340613S0a![)FORM ()l)4] 0-4 610 FORM 6.01 Bidder agrees that the work will be Substantially Completed and cmnplered and ready fOT Final Payment in accordance ".,'ith paragraph 14.07.B oftQe General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 BiddeT accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work ",'ilhin the times specified above, which shall he stated in the Agreement. 7.01 The follo\'t.oing documents aTe attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 Percent. 8.01 The terms used in this Bid with initial capiralIetters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SlJBMITTED on _1- 14 ,2006 If Bidder Is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: Fax No.: 00003406 iti50BIDFOR\-1 00410-5 - BID "ORM A Partncrshiu A Corporation GO{,'O}40<,1350;:;lOf01<"-1 Partnership Name: (SEAL) By: (Signature of general partner) Name {typed or printed): Business address: Phone No,: Fax No.: Corporation Name: EleLtncc, \ :::}..\s+,-Cllbtil.H\ '" ~\<I'clnie.\CifK~SEAL) Stale of Incorporation: f'\ tv Type (General Business., Professional, Service, Limited Liability): E reef f' l (.[.( Cb,<lr"c +t'( (D' r /" () C) --- n By: t aj'/v{) .~ I (CeDi c)( (jg;:tature. ) Name (typed or printed): ))c.\.-v i d Titk ~ Ie Slckv~\ L :) , t ...../5 tct I Attest ~()[u...~lk ~/!vl Kt';;;e:.ade7"'-'" (Signature of Corporate Secretary) (CORPOR.A TE SEAL) II/7ff) Co Kd CZo I~' ' b I tjv\ C\.p l€.. ~ to. q^\ Business address; 7 ., 1-1')'(7'" ,3/J '/4/,' Phone No,: ; h j ''..L . 7 00410-6 VvuJ 5-:5" 3 /5'1 Fax No.: /} b 3 ,/1>-; 9' - J 'I Af-5- l ! B!D FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The maImer of signing for each individual, partnership, and corporation that is a party to the joint venture should be in Ll1e manner indicated above). 00003406: S5 OBlDFOllM L'\i""D OF DOCUMENT ()(AW-? BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A3 7 0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Electrical Installation & Maintenance Co., Inc. as Principal, hereinafter call the Principal, and Merchants Bonding Company (Mutual), Des Moines, Iowa a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope, Mim1esota as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) Of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2006 Lift Station Control Panel Replacement, City Project No. 798 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good fclrth contract with another party to perform the Work covered by said bid, then this obligation shall be null and voic, otheryvise to remain in full force and effect. Signed and sealed this 14th day of July 2006 \"'t" ,d " ,.I '-,j..k'......."- (VVitneS5! Electrical Installation & Maintenance Co., Inc, r., ii'>rincipal; ','J I. .J '-t./ , ~ / < ^~. ^, ~ ('ie2!! /i (CCr .Mf,/ ;;.//' ~ (vVitness) (Mutual) (Sea!; ./ (Title! Attomey-In- Fact AlA DOCUMENT :\31 O. BID BOND 'AIA@oFEBRLJ/\RY 1970 ED, -THE N,1ERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE" N.W,. WASHINGTON D.C. 20006 CORPORATE ACKNOWLEDGMENT STATE OF tY\tV COUNTY OF UJ r\c1 "t IS On the 14th day of July 2006 , before me personally appeared, \:)1;;-\1 i d r~ '5 i~ to me, who being duly sworn, did depose and say: that s/he resides in \V\ tV that s/he is the Pre.$ l'da.r1 ',- ofthe Electrical Installation & Maintenance Co., Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto b like or e LOUISE M. K1SCADEN NOT MY PUBLIC. MINNESQT A My commission Expires Jan. 31,2010 czf OlLL.~ t'Vl 1< l $c.clcL_.v~ :--;otary Public AC~~OWLEDGMENTOFCORPO~ATESURETY STATE OF MJN'NFSOTA COUNTY OF RAMSEY On the 14th day of July 2006 before me personally appeared, M. A. Jones to me known, who being duly sworn, did say: that s/he resides in the City of St. Paul, MN that s/he is the aforesaid officer or attorney in fact of Merchants Bonding Company (Mutual) a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act,a:~ ~eed/(')LfsatJ~~:r:~Otn ); 8 A' I / [~/) (SEAL) N9ary~L/ /l/ ,\::V4.{) j/ AVl/l/~ ( / j'V\NVV\NVVvv~j ~ ROBIN PERSON KENNEDY Notary Public-Minnesota My Commission Expires Jan 31, 2007 \f!\IV' NVVv.NVVVV'INVVV Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, troat the MERCHANTS BONDING COMPANY (MUTUAL). a oorporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Litton E.S. Field, Jr., M.A. Jones, Nicole 1:v1 Coty of St. Paul and State of !\1innesota its true and lawful P,ttorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation t'lat any such instrument shall not exceed the amount of: FIVE MILLION (S5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the t'iiERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the foilowing Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COtviP,L;.NY (MUTU,.:"L) on November 16,2002, ARTICLE ii, SECTION 8 - The Chairman of t'1e Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligator,' in the nature thereof. P.RTiCLE II, SECTION 9 The signature of any authorized officer and the Seal cf the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In vVitness Whereof, MERCHP,NTS BONDING COfv1PPNY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of Januarj, 2006, .' \~G- C'O o. o' ~<:::J....,... .11,0'. :~<::.,~" PO ft' '.."'lA", . . c..,,'" ""'/o"~' :f:::<:: -0- "': . .z:- c._O ",,'. ""33 ::;;:: . -<,', I ~ : C:::-, .-~. .~. . ;S:. .:,,\;::0. '. :;tij,....;...\"\"".. .. . ').:.:" .. . . . . . . $ STATE OF IOWA COUNTY OF POLK ss, MERCHANTS BONDING COMPANY (MUTUAL) 8y ~7 7~ President On this 16th day of Januar)', 2006. before me appeared Larry Taylor, to me personalty kno\\'n, '/.'ho being by me duly s\\'orn did say that he is President of the MERCHANTS BONDiNG COMPANY (1'/,UTUi:"L), the corporation described in the foregoing instnJment, and that the Sea] affixed to the said instrument is the Corporate Seal of the said Corporation and thst the said instrument \vas signed and sealed in behajf of said Corpor2tionby authority of its Board of Directors. In Testirrlony Ill/hereof, I have hereunto s>;:;t my hand and a!tlxed my Oftcial Seal at trlS Clt'/ of Des Moines, 10\'/3. the day and ~/ear first above 'l/ritten, d'\At~ o~~ .:r:",' ., . ' ,'~',r IO'ti~ CINDY SMYTH Commission Number 173504 My Commission Expires March 16, 2009 STP...TE OF lOV/p.. COUNTY OF POU< ss, !' ~~'~i;li~m ':'v'ar~I:~'ro.,:!r~,",S~cr~~:,r:,';f ,~~; i'.1~S:~::~'::~.~rS~J9!~1?,.~or/!F.~:,~y is c: fru::: 8r;d CUI red Li...lPl 01 l~;e rOi,..ER-vF-h I I URI\C 1 cX:::CLnt;d b}' Said sUil in full fo~cc 8iid effect and has net becn s;'1C:ridcd Oi revoked. ! /'" .if' //./ }' -<!/. I ,"I /r / ,(. 'I if: . ;,1 ~ r / /jt.(,.v"''!J ";:krlfVJ/''''Y{) ~ "ii /' ./'/ j I I v Notary Pubfic, P")!k County /01'/2 (L:1UTU,~.L), !n V'./itness Vv'hereof, ! have hereunto set mj' hend and am>:slj the seal of the Company on :h:s 14 t hday of 2005 POA 0001 (1!06) .0.00_. , 'G C . .' 'v:.v\~.... P,1io'. , \)",-.'"p n ,,' "",. . <l:) .': '\) " U '7 '..:;:...., . . '-> -1--,.,~, :~:<: 0- rf': : "Z: O:~. . A', 1933 .---. ..--f:.-', :'5;". ..V6:'" ",~\~, . . ;;J~/' . ~:: .' \~. e .....~. -. July, :)7/ ~ / . ..0:/ /--/! ..?"<'J ~~__/ ~2--Z~-:L~, Secretary DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota, (hereinafter called Owner) and Electrical Installation & Maintenance. Inc.. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all work as specified or indicated in the Contract Documents, The work is generally described as 2006 Lift Station Control Panel Replacement for the City of New Hope, Minnesota, City Project No. 798. ARTICLE 2 - ENGINEER 2,01 The Project has been designed by Bonestroo, Rosene, Anderlik, & Associates, Inc" 2335 West Highway 36, St. Paul, MN 55113, who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and will have the lights and authority assigned to Engineer in the Contract Documents in connection with the completion of the work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence ofthe Contract. 3,02 Datesfor Substantial Completion and Final Payment A. The work will be Substantially Completed on or before February 14. 2007 and completed and ready for Final Payment in accordance with Paragraph 14,07 of the General Conditions on or before Februarv 28.. 2007. 000034-06185-0 ~ 2006 Bonestroo, Rosene, Anderlik & Associates. Inc. 00520-1 AGREEMENT FOlUvI 3.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in Paragraph 3,02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $100,00 for each day that expires after the time specified in Paragraph 3.02 for Substantial Completion until the work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $100.00 for each day that expires after the time specified in Paragraph 3.02 for completion and readiness for Final Payment until the work is completed and ready for Final Payment. ARTICLE 4 - CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds as follows: For all work at the prices stated in Contractor's Bid attached hereto as an exhibit for an Original Contract Amount of Eighty-Five Thousand Four Hundred Ten Dollars and No Cents ($85,410.00) for the Total Base Bid and Alternate No.1. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, monthly during performance of the work as provided in Paragraphs 5.02.A1 and 5.02.A2 below. All such payments will be measured by the schedule of values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with Paragraph 14.02 ofthe General Conditions: a. 95 percent of work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the work (with the balance being retainage), 000034-06185-0 <i;J 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-2 AGREEMENT FORl\1 2, Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's estimate of the value of work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.03 Final Payment A. Upon Final Completion and acceptance of the work in accordance with Paragraph 14,07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14,07. ARTICLE 6 - INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, B. Contractor has visited the Project Site and become familiar with and is satisfied as to the general, local, and Project Site conditions that may affect cost, progress, and performance ofthe work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions, E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 000034-06185-0 %'> 2006 Bonestroo, Rosene, Anderlik & Associates, Inc, 00520-3 AGREEMENT FORM F, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Project Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents, 1. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all telms and conditions for performance and furnishing of the work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. PerfOlmance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings Bearing the Following General Title: 2006 Lift Station Control Panel Replacement, City Project No. 798, 7. Addenda (Number One, inclusive), 8. Exhibits to this Agreement (enumerated as follows): a, Notice to Proceed. b. Contractor's Bid Form. c. Documentation submitted by Contractor prior to Notice of Award, d. Any modification, including Change Orders, duly delivered after execution of Agreement. 000034-06] 85-0 ~ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-4 AGREEMENT FORM 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B, The documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.05 of the General Conditions, ARTICLE 9 - MISCELLA.l~EOUS 9.01 Tenns used in this Agreement will have the meanings indicated in the General Conditions. 9.02 No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9,04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or pari thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision, 000034-06185-0 <II 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520-5 AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on July 31st , 2006 (which is the Effective Date ofthe Agreement). Owner: Contractor: By: ~:J~ Electrical Installation & Maintenance, Inc. ()) ?!kv~ By: City of New Hope, Minnesota ~D~[;E~~ '-" [CORPORATE SEAL] eft ',A K/'" I . Attest ..~ V CC~_ /tv I \...:\ ('.,Cl..C1.i.-,/V' Attest Address for giving notices: Address for giving notices: / J-j~O CO \Q. d Ci 0 VV\ (JIb I €.. r ta.\. Ii'- VV1/V 0'::::) 3..5-1 I License No. C/i 0 0 j~C{' '6 (Where applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representativ~ " / Name:/d#~ ./1 ~ , y )/Il~01 ,/r ~ __}/"'-" ' Designated Representative: Name: Address: Title: Title: Address: Facsimile: IJfu3 5~( 5/00 7fo3 5~/ 5/3fo Phone: Phone: Facsimile: 000034-06185-0 <i!J 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. END OF DOCUMENT 00520-6 AGREEMENT FORM DOCUMENT 00610 Bond # MNC 46023 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Addre;;;;): Electrical Installation & Maintenance Co., Inc. 1480 County Road 90 Maple Plain, Minnesota 55359 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 SURETY (Name and Address of Principal Place of Business): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321 CONTRACT Date: July 31st, 2006 Amount Eighty-five Thousand Four Hundred Ten and no/IOO ($85,410.00) Description (Name and Location): 2006 Lift Station Control Panel Replacement City Project No. 798 BOND Bond Number: MNC 46023 Date (Not earlier than Contract Date): July 31st, 2006 Amount Eighty-five Thousand Four Hundred Ten and no/lOO Modifications to this Bond Form: None ($85,410.00) Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative, >;i ,../ 1 CONTRACTOR AS PRINCIPAL SURETY /// .// ..' / Company: Electrical Installation & Maintenance Co., Inc. (Seal) Merchants Bop:d~ing Company (Mu1Jial) Surety's NSitRe aI}'tCoIiPorate Se~{ By: ~,;;. i\~.~_.__lllv2J 'Signature and Title: ~A. Jones, Attorney-in-fact (Attach Power of Ayorney) (Seal) Signature: Name and Title: a~ 7c~~ Ult. Attest: (Space is provided below for signatures of additional parties, if required.) Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY (Seal) (Seal) Surety's Name and Corporate Seal Signature: Name and Title: By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC No. C-610 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00610-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having ~n paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. OWNER'S REPRESENTATIVE: Bonestroo Rosene Anderlik & Associates 2335 West Highway 36 St. Paul, Minnesota 55113 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10, Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a C1airnant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimurn period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions confonning to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: A:D. individual or entity having a direct contract with Contractor, or with a first..tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. SURETY AGENCY OR BROKER: Name: T.e. Field & Company Address: 530 North Robert Street St. Paul, MN 55101 Phone: 651-227-8405 FJCDC No. C-615 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00615-2 DOCUMENT 00615 Bond # MNC 46023 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, Iowa 50321 Electrical Installation & Maintenance Co., Inc, 1480 County Road 90 Maple Plain, Minnesota 55359 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONTRACT Date: July 31 st, 2006 Amount: Eighty-five Thousand Four Hundred Ten and no/100 ($85,410.00) Description (Name and Location): 2006 L.ft St t' C tr 1 P 1 R I t 1 a IOn on 0 ane ep acemen City Project No, 798 BOND Bond Number: MNC 46023 Date (Not earlier than Contract Date): July 31st, 2006 Amount: Eighty-five Thousand Four Hundred Ten and no/100 Modifications to this Bond Form: None ($85,410.00) Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer.-.agent, or representative, Signature: Qi LeOkv- Name and Title: . () /. '-i SURETY / / ,/ i (Seal) Merchants J30nding CompanY(Mu~al) Surety's,l'game and'Corporate Se,al By: 2~/}. t . \..,\/IJ~7 SIgnature and TItle: !\fA. Jones, Attorney-in-fact (Attach Power of At;brney) I (Seal) CONTRACTOR AS PRINCIPAL Company: Electrical Installation & Maintenance Co.. Inc. Attest: (Space is provided below for signatures of additional parties, if required.) Signature and Title CONTRACTOR AS PRINCIPAL Company: SURETY (Seal) (Seal) Surety's Name and Corporate Seal Signature: Name and Title: By: Signature and Title: (Attach Power of Attorney) Attest: Signature and Title EJCDC No, C-615 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. 00615-1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor perfonns the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the tenns of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify O....'Oer citing reasons therefor. 5, If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional wriuen notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4. and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without funher notice Omler shall be entitled to enforce any remedy available to Owner. OWNER'S REPRESENTATIVE: Bonestroo Rosene Anderlik & Associates 2335 West Highway 36 St. Paul, Minnesota 55113 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has be~n furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the tenns of the Contract. 12.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other tenns thereof. SURETY AGENCY OR BROKER: Name: T.c. Field & Company Address: 530 North Robert Street St. Paul, MN 55101 Phone: 651-227-8405 EJCDC No. C-610 (2002 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors or America and the Construction Specifications Institute. 00610-2 CORPORATE ACKNOWLEDGMENT S TATE OF \"'1\ /'v7 COUNTY OF VJ\-i;~~\\ On the 31st day.of July 2006 . before me personally appeared, f\ \ \( \~ I r- to me, who being duly sworn, did depose and say: that s/he resides in ~"Y\ j'J that s/he is the V , c €" tPrtZ-.s l d.zV\.t of the Electrical Installation & Maintenance Co., Inc. the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order. (S ; LOUiSE M Ki$CADEN : :,.{; NOTAR, c, ;t:~;C . MINNESOTA . 'If" M'! C;;:r:rm.on Expires Jan. 31, 2010 Irj;}Ol;~'p~ t1/\ Kl5cc"de/,/'J '-l<i' otary Pub lie ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Ramsey On the 31st day of July 2006 before me personally appeared, M.A. Jones to me known, who being duly sworn, did say: that s/he resides in Minnesota that s/he is the aforesaid officer or attorney in fact of Merchants Bonding Company (Mutual) a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed on behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (SEAL) \i'l..'v"'.",.-,.'"'......,..'".".',"'.",",/'^'.-,,....^"..._.,'."...A.Ai\N.,./VVV,.,VV\lV\/V'v-..N\l',/\/'v'\A. ~ il" M 2> c"""''''C "'-IV;> '~ "," / <.f"";;'''!. U I I ( (' '" Y- o( ..-. "." ' . .,' . . ,~ <: ;'i,',.,.~ """i DI.,-.iir"oMinnesma ~ Notarv UbhC f~&~'>'.;fi ,'':~~ire-s~iln31,2010l - , \I'V'~-!j~~::t\{\/';\/"v'"\i.V'VV"VV\fvvvv.v"'v/\i\t\JV\f\l" QIOv~~ C~ '0 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Litton E.S. Field, Jr., M.A. Jones, Nicole M Coty of St. Paul and State of Minnesota its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION (85,000,000,00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the sarne extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Cornpany thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of January, 2006. STATE OF IOWA COUNTY OF POLK ss. .......0. .. \\G C .. .. ~'V~..... .q~/>... ..<Q~,.~ ~p 0 II-i"-?~.. : "':'~ ~",..L ~ :i=- -0- 0:_. . d.". 1933 ;==: . ...., . c::-. .-~. ,~. . ;s.:' '~~. .. '.:?iV'......\,'\ .. 000 {;z .0. .00.0. MERCHANTS BONDING COMPANY (MUTUAL) By ~ 7~ President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. iJ* CINDY SMYTH ~ f Commission Number 173504 , My Commission Expires ,,... March 16, 2009 STATE OF IOWA COUNTY OF POLK ss. &'1~r Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 3 lSlray of July" 200? POA 0001 (1/06) 0.0000. .. \\\G CO;~. .. ~'V.,.,... . <r.',O.. "<Q~"~ ~p 0 II-i"-?~.. . . <:.> --' '. ..L . . "':~ (1'1.. : ~:- -0- 0:-. . d.'" 1933 .:==: . ...... ' c::-. .-~. .~. . ;s.:' .~~. .. '.:?iV'..,....~ .. 0.. {x .. ....... ~~~~~~, Secretary DOCUMENT 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions, Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ARTICLE 1 - DEFINITIONS AL'ID TERl\1INOLOGY SC-1.02 Add the following new paragraph immediately after Paragraph l,02.F: G, The Specifications are written in imperative mood and streamlined form, This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases, ARTICLE 2 - PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2,02.A by striking out the word "ten" and inserting the word "five," ARTICLE 4 - AVAILABILITY OF LAL'\Jl)S: SUBSURFACE Al'ID PHYSICAL CONDITIONS, REFERENCE POINTS SC-4.02 Delete 4,02.A and 4.02.B in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Project Site are known to the Owner or Engineer. ARTICLE 5 - BONDS ANl) INSURAL"\JCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-1 SUPPLEMENTARY CONDITIONS SC-5.03,B Delete Paragraph 5.03.B in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such msurance. C. By requmng such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04,B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: I. VV orker' s Compensation Insurance Coverage A - Statutory Coverage B - $500,000 $500,000 5500,000 Each Accident Disease - Policy Limit Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non-owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 Sl,OOO,OOO Each Occurrence Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-2 SUPPLEMENTARY CONDITIONS 5, The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. Engineer. SC-5.06.A Amend the first sentence of Paragraph 5.06,A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire work at the Project Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7, A minimmn deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss, In addition, the provisions of Paragraphs 5,07, 5,09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC-5.06.A Add the following new item immediately after Item 5,06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only, The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraph immediately after Paragraph 6.06,G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of S100 or more is S10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC-6.08.A Amend the first sentence of Paragraph 6.08,A by replacing the words "the Supplementary Conditions" with the words "Division 1 - General Requirements." SC-6.19,A Delete the words "representation of' in the second sentence. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associaies, Inc. 00800-3 SIJPPLEMENTARY CONDITIONS ARTICLE 10 - CHA1'JGES IN THE WORK; CLATIvIS SC-10,05,B Amend the first sentence of Paragraph IO,05,B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05,B by replacing the words "60 days" with the words "30 days." ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPT ANCE OF DEFECTIVE "WORK SC-13.07,A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the word "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR Al'ID COMPLETION SC-14.02.B5 Add the following new item immediately after Item 14.02,B5d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules, ARTICLE 16 - DISPUTE RESOLUTION SC-16,Ol Delete Paragraph 16.01.C in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph IO,05.C or a denial pursuant to Paragraphs 10.05,C3 or 10,05,D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in wTiting to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16,01: SC-16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof ( except for claims yvhich have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16,01.B, but not including any claim in excess of S100,000, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect, subject to the conditions and limitations of this Paragraph SC-16.02, This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-4 SUPPLEMENTARY CONDITIONS B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: I, in inclusions of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is cornman to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in wTiting and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Documents provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. E'N'D OF DOCUMENT 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 00800-5 SUPPLEMENTARY CONDITIONS SECTION 01100 SUMMARY PART 1 - GENERAL 1.01 SECTION INCLUDES A. Basic description ofthe Project and work restrictions, B. Payment Procedures, 1,02 SUMMARY OF WORK A. Project Name: City of New Hope, Minnesota 2006 Lift Station Control Panel Replacement City Project No, 798 B, Description of Work: 1, Base Bid: a. Replace the eXlstmg lift station control panels at the 55th and Quebec Lift Station and the Bass Creek Circle Lift Station, b, Associated modifications to the existing SCADA computer's RsView software, SCADALARi\1 software, alarm dialer and US Filter Control Systems Allen-Bradley PLC based master telemetry unit. 2, Alternate No.1: Replace the existing lift station control panel at 49th and Flag Lift Station, 1.03 COORDINATION A. Coordinate and schedule with local utilities all activities involved with providing connections to or working around existing sanitary sewer, water main, electrical utility, telephone, cable TV, fiber optic lines, and any other existing infrastructure, B. Provide a minimum of 48-hours notice to the governing authority of each unit of infrastructure before scheduling work. 1.04 COMPLETION DATES A. Completion dates shall be as set forth in Article 3 of the Agreement Form. 000034-06185-0 (Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-1 SUMMARY 1.05 LIQUIDATED DAMAGES A Provisions for liquidated damages shall be as set forth III Article 3 of the Agreement F onn. 1,06 CONTRACTOR'S USE OF PREMISES A The Contractor shall confine his activities to the Owner's Property, B. The Contractor shall be responsible for providing security for materials, facilities, tools, etc. used in the work. C. Materials and equipment shall be stored in a manner that will preserve their quality and fitness. D, Location of construction facilities and material storage shall be subject to approval by Engineer and shall be removed upon completion of work. E, The existing facilities will be available for construction during the hours of 7:00 AM. to 5:00 P.M., Monday through Thursday. No work will be allowed on Friday, Saturday, Sunday, or Holidays. Exceptions to this may be allowed, upon authorization from and at the discretion of the Owner. 1,07 PAYMENT PROCEDURES A Engineer will provide initial application for payment fonn at the Preconstruction Conference. B, Submit one preliminary copy of progress payment application for review consistent with Article 14 of the General Conditions. Submit four signed copies of application for payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2, Updated construction schedule consistent with Section 01330 - Submittal Procedures. PART 2 - PRODUCTS Not Used 000034-06185-0 <1d 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMMARY PART 3 - EXECUTION 3.01 MEASUREMENT Ai'ID PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-3 SUMMARY SECTION 01310 PROJECT MANAGEMENT AND COORDINATION P ART I - GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Proj ect coordination. 1.02 UTILITIES A. Notify utility owners before starting construction in a given area, requesting utility locates in the field, 1.03 PERi\1ITS A. Apply for, obtain, comply, and maintain all necessary permits, licenses, and approvals, which may be required for the duration of the Project. 1.04 PROJECT MEETINGS A. Administrative Requirements: 1, Proj ect Superintendent or persons designated by the Contractor to attend and participate in the Proj ect meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time and sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute one copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within five calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required, B. Preconstruction Conference: 1, Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330- Submittal Procedures, 000034-06185-0 (Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01310-1 PROJECT MANAGEMENT AND COORDINA T10N C, Progress Meeting Procedures: 1. Engineer will schedule construction progress meetings throughout the duration ofthe Project to assess the progress ofthe work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 - PRODUCTS Not Used P ART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs ofthis Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06185-0 @ 2006 Bonestroo, Rosene, AnderJik & Associates, Inc. 01310-2 PROJECT MANAGEMENT AND COORDINATION SECTION 01330 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1,02 SEQUENCING Al\1D SCEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions (Article 2.05). B. As work progresses revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 LIST OF SUBCONTRACTORS A. Submit after Notice of Award and before pre-construction meeting. 3.03 EMERGENCY CONTACT LIST A. Before any work at the Proj ect Site is started, submit a typed list on 8-112 inch x 11 inch paper outlining 24 hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: I. Company name. 2. Contact person(s). 000034-06185-0 ,tJ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330-1 SUBMITTAL PROCEDURES 3. Local and mobile phone numbers. 4. Fax number. 3.04 COST BREAKDOWN OF CONTRACT Al\10UNT A. Submit cost breakdown consistent with the General Conditions (Article 2.05). 3.05 SHOP DRAvVINGS Al'ID MAL"lUFACTURERS' INFORMATION A. Conform to the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8-1/2 inch x 11 inch. Non-legible copies will not be reviewed. C. Submit a minimum of two copies of shop drawings plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product, indication of exact product model or type and Specification Section number. 5. Identification ofrevisions from previous submittals. 6. A 4 inch x 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" - Appears that items covered by the submittal will, after installation or incorporation into the work, conform to the information given in the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 000034-06] 85-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330-2 SUBMITTAL PROCEDURES 2. "Approved as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the work, conform to the information given in the Contract Documents and appears to be compatible with the design concept of the completed Proj ect as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the work, conform to the information given in the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall revise submittal and conform to the resubmittal procedures described in Paragraph 6.17.F of the General Conditions. 4. "Not Approved" - Appears that items covered by the submittal will not, after installation or incorporation into the work, conform to the information given in the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in Paragraph 6.17.F of the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 percent mark- up. 3.06 OPERATION A.ND MAINTENA1~CE MAi\TUALS A. Conform to the requirements of Section 01785 - Operation and Maintenance Manuals. 3.07 MEASUREMENT AJ."\TD PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. ENTI OF SECTION 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330-3 SUBMITTAL PROCEDURES SECTION 01600 PRODUCT REQUIREMENTS P ART 1 - GENERAL 1.01 SECTION INCLUDES A. Basic requirements for products used in the work. 1.02 SUBMITTALS A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval, with supporting documentation. B. Submit the following items consistent with Section 01330 - Submittal Procedures and General Conditions Article 6.05: 1. Shop drawings for named products and "or-equal" products. 2. Written application for substitute items, including supporting documentation. 1.03 SUBSTITUTIONS AJ.'ID "OR-EQUAL" PROCEDURES A. Procedures during Bidding: 1. Conform to the requirements of the Instructions to Bidders. B. Procedures during Construction: 1. Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 01330 - Submittal Procedures. 3. Items not approved as "or-equal" may be resubmitted as a substitute item. 4. Engineer will review Substitute Item Requests that conform to General Conditions Article 6.05.A.2.d and the following additional supporting documentation: a. Drawings and specifications. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01600-1 PRODUCT REQUIREMENTS b. Installation lists. c. Performance data, including equipment capacity, strengths, weights, and dimensions. d. Catalog cut-sheets. e. Lists of deviations from and exceptions to the Specifications. f. Detailed information for all buy-out items, including motors and drives. g. Lists of materials of construction. h. Maintenance schedules of equipment, including buy-out items. 1. Other information deemed necessary at the discretion of Engineer. 5. Incomplete submittals will be returned to Contractor without review. 6. Contract Times will not be modified due to substitute and "or-equal" reVIew process. 7. Engineer shall not have to prove that an item is not an "or-equal." 8. Owner does not have to accept proposed Substitute Items. 1.04 SUBSTITUTE ITEMS A. Procedures during Bidding: 1. Conform to the requirements of the Instructions to Bidders. B. Procedures during Construction: 1. Substitute items accepted by the Owner and included in the Award of Contract become named materials or equipment. 2. Submit shop drawings and material certifications consistent with Section 01330 - Submittal Procedures. PART 2 - PRODUCTS Not Used 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01600-2 PRODUCT REQUIREMENTS P ART 3 - EXECUTION 3.01 DELIVERY A. Transport and handle products in accordance with the manufacturer's instructions. B. Handle and lift products only at designated lift points and by methods to avoid soiling, disfigurement, bending, over stressing, and damage. C. Store products on shelves, in bins, or in neat groups of like items, with seals and labels intact and legible, and in a manner to provide access for maintenance and inspection. D. Store loose granular materials on clean, solid, flat surfaces, and prevent mixing with foreign matter. Store fabricated products supported above the ground on skids or blocking. Provide surface drainage to prevent erosion and ponding of water. E. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. F. Store and protect products which are subject to damage by the elements in weather tight, climate controlled enclosures, and according to the manufacturer's instructions. Maintain temperature, ventilation, and humidity within ranges stated in the manufacturer's instructions. G. Attach applicable manufacturer's service instructions labeled "STORAGE SERVICE INSTRUCTIONS ENCLOSED" to exterior of each stored product. H. Inspect, maintain, and service stored products on a regularly scheduled basis, consistent with the manufacturer's instructions. 1. Record inspection, maintenance, and services performed and keep log available for review. J. Traffic control required for all deliveries to and from the Project Site shall be the responsibility of the Contractor. All flagmen, barricades, flares, and safety measures are the sole responsibility of the Contractor. 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. B. Provide temporary Project Site security fencing around storage areas and as indicated on the Drawings. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01600-3 PRODUCT REQUIREMENTS C. The Contractor shall provide the Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. D. Storage areas and hazardous areas shall be protected by use of chain link fence around the perimeter of the area. This fencing is in addition to any other fencing required for Project Site containment. 3.03 MEASUREMENT Al'ID PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01600-4 PRODUCT REQUIREMENTS SECTION 01700 EXECUTION REQUIREMENTS P ART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the work and closeout ofthe Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 - General Requirements Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, Instructions, Schedules, \tVarranties, Guarantees, Bonds, Certificates, Certificates of Inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 EXA.J.\1INATION A. Acceptance of Conditions: By commencing work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Inspect each product immediately prior to installation. Remove damaged products from Project Site. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-1 EXECUTION REQUIREMENTS 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of work at industry recognized standard-mounting heights for the particular application indicated, where mounting heights are not indicated. F. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details consistent with Section 01700 - Execution Requirements. 3.03 EQUIPMENT VARIATIONS A. Contractors are advised that because of manufacturer's variations in equipment design, changes from Drawings in piping arrangement and layout, electrical and control from Drawings in piping arrangement and layout, electrical and control circuitry, and related dimensions of equipment foundation and anchorage details may be required for equipment installations. B. Equipment requiring minor deviations in the system layout, such as minor piping revisions, will be acceptable, however, the Contractor shall include all costs associated with the deviation in his Bid. Should the deviation require revisions in the design of the facility, the Contractor shall reimburse the Owner for the cost of any redesign. C. Electrical and mechanical piping, conduits, ducts are shown schematically and shall be located by the Contractor to avoid any conflicts. Contractor shall coordinate work of all subcontractors and make minor relocations as necessary at no change to the Contract price. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 EXECUTION REQUIREMENTS 3.04 CLEAl~G Al'ID PROTECTION A. Clean and protect work in progress and adjoining work during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 MEASUREMENT Al'ID PAYMENT A. All work and costs ofthis Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-3 EXECUTION REQUIREMENTS SECTION 01785 OPERATION AJ.'ID MAINTENANCE MANUALS PART 1 - GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for Operation and Maintenance Manuals. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with Contractor's schedule of submittals. B. Operation and Maintenance Manuals must be approved before placing equipment into operation. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 SUBMITTAL PROCEDURES A. Submit one set of Operation and Maintenance Manuals for review by the Engineer. Engineer will review and return to the Contractor this set marked "Approved," "Make Noted Corrections," or "Amend and Resubmit." After the Operation and Maintenance Manuals have been corrected, submit three final sets. B. Submit three approved and final sets of detailed equipment drawings and explicit instructions on the operation and maintenance of each piece of equipment furnished on the Proj ect. 3.02 OPERATION AJ.'ID MAINENAJ.~CE M.ANUALS A. Manuals are required for all equipment, accessories, devices, etc. that require adjustment, maintenance, operation, or repairs by the Owner's personnel. All information shall be supplied by the appropriate equipment manufacturers and neatly bound in rigid cover, ring type binders by the Contractor and properly indexed. Manuals shall include record shop drawings and copies of factory certified tests. Each manual shall contain the following information where applicable: 1. Operation and Maintenance Manuals shall be clearly identified as operation and maintenance submittal. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01785-1 OPERATION AND MAINTENANCE MANUALS 2. All performance and design characteristics and unit identification, such as model and serial numbers. 3. All accessories or options furnished with unit. 4. Complete instruction on lubrication, testing, balancing, etc. 5. Step-by-step instructions for repair or overhaul. 6. Parts list and parts diagram. 7. As-built wiring diagrams. 8. Copy of approved/revised shop drawings. 9. Electronic and hard copies of all programs. 10. Listing of spare parts the Owner should keep on hand as recommended by the manufacturer. 11. Name and phone number of supplier where repair parts or additional information can be obtained. B. Each manual shall be specifically for the items actually installed. Where manuals show a number of models or options, the manual shall be clearly marked to indicate what was furnished and which instructions apply to the furnished unit. C. Superfluous information pertaining to other models, options, etc. not furnished shall be clearly crossed out or otherwise eliminated. Failure to meet this Section of the Specifications will result in payment reduction. 3.03 MEASUREMENT Al'ID PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 01785-2 OPERATION AND MAINTENANCE MANUALS SECTION 16903 SUBMERSIBLE LIFT STATION CONTROL P A1~LS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Basic Electrical Materials. B. Pump Control Panels. C. Float Switches. D. Submersible Transducers. E. Spare Parts. F. Demolition and Temporary vViring. G. Installation. H. Testing, Start-Up, and Operator Training. 1.02 RELATED SECTIONS A. Conditions of the Contract, Supplemental Conditions, and Division 1 - General Requirements Sections apply to all work of Division 16 - Electrical. B. Section 16904 - Telemetry and SCADA Modifications. 1.03 REFERENCES A. A1~SI - American National Standards Institute. B. ICEA - Insulated Cable Engineers Association. C. IEEE - Institute of Electrical and Electronic Engineers. D. NEMA - National Electrical Manufacturers Association: 1. TC2 - Electrical Plastic Tubing (EPT) and Conduit (EPC-40 and EPC-80). 2. 250 - Enclosures for Electrical Equipment (1000 volts maximum). 000034-06185-0 ,:g 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-1 SUBMERSIBLE LIFT STATION CONTROL PANELS 3. WC 5 - Thermoplastic-Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy. 4. WC 7 - Cross-Linked-Thermosetting-Polyethylene-Insulated Wire and Cable for the Transmission and Distribution of Electrical Energy. E. NFP A - National Fire Protection Agency: 1. NFP A 70 - National Electrical Code. F. OSHA - Occupational Safety and Health Administration. G. UL - Underwriters Laboratories, Inc.: 1. UL-83 - Thermoplastic - Insulated vVires and Cables. 2. UL-360 - Liquid-Tight Flexible Steel Conduit. 3. UL-651 - Schedule 40 and 80 PVC Conduit. 4. lJL-698A - Industrial Control Panels Relating to Hazardous (Classified) Locations. 5. UL-913 - Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division 1, Hazardous Locations. 1.04 GENERAL REQUIREMENTS A. All work performed under this Contract shall conform to the latest editions of the National Electrical Code (NFP A70) and the Minnesota State Building Code. B. Contractor supplied materials shall be new and Underwriters Laboratories (UL) listed, if such products are listed by UL. C. Quality Assurance: 1. The control panel manufacturer shall also be the responsible Contractor for the telemetry and SCADA computer modifications/additions specified in Section 16904 - Telemetry and SCADA Modifications. 2. The control panel manufacturer shall be located within a 100 mile radius of the City of New Hope, Minnesota. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-2 SUBMERSIBLE LIFT STATION CONTROL PANELS 3. All panels provided under this Section shall meet the requirements of UL698A and shall be labeled as such, thereby certifying that the panel satisfies the UL requirements for an enclosed industrial control panel relating to hazardous locations with intrinsically safe circuit extensions. 4. All panels shall be UL labeled or third party certified, in accordance with Minnesota Board of Electricity requirements for approval of electrical equipment, Minnesota Rules Parts 3800.3619 and 3800.3620. 5. All panels shall be labeled when delivered to the Project Site. All field modifications shall be in conformance with the pertinent UL requirement. vVhen the Owner accepts the panels, the Contractor certifies that the panels have retained their UL labeling. 6. The control panel manufacturer shall have been in business designing and implementing projects that include Allen-Bradley PLC based lift station control panels, RsView HMI Software, SCADALARM dialing software, and Dataradio radio telemetry of equal or greater size to this Project for 5 years. 7. The control panel manufacturer shall carry a minimum of 51,000,000 in product liability insurance. If the control panel manufacturer is Bidding as the Prime Contractor they shall also be required to meet all insurance requirements stated in Specification Section 00800 - Supplementary Conditions. 8. A licensed Professional Electrical Engineer shall certify design concepts established by the Contractor to meet the functional Specifications of this Section. 9. The control panel manufacturer shall have programmers, designers, and field service personnel who are permanent, full time employees. The field service personnel shall be available 24 hours a day to assist the Owner with onsite Issues. 10. The control panel manufacturer shall maintain an inventory of all control components and shall be equipped with all tools required to repair the control panel. 11. If requested by the Owner or Engineer, the control panel manufacturer shall provide data supporting their compliance to the above items within 48 hours of Bid Opening. 000034-06185-0 ,:g: 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-3 SUBMERSIBLE LIFT STATION CONTROL PANELS 1.05 SYSTEM DESCRIPTION (Applies to 55th and Quebec, Bass Creek Circle and 49th and Flag Lift Stations, unless noted otherwise) A. Two (2) lift station control panels (St. Raphael's and Southview) were replaced in 2002: 1. The intent of this Project is for all new lift station control panels to be constructed, wired, programmed, and functions exactly like these 2 stations. Minor exceptions may be required based on variations in lift stations: a. 55th and Quebec and Bass Creek Circle control panels and all related SCADA modifications shall be included in the Base Bid. b. 49th and Flag control panel and all related SCADA modifications shall be Bid as Alternate No.1. 2. vVhere one manufacturer of a specified component is named, the intent is to match the component(s) in the 2002 panels. 3. The PLC and operator interface at St. Raphael's Lift Station, and the master telemetry PLC, RsView, Excel and SCADALARiYf programming at. the Public Works Building shall be downloaded bytheyontractor andused(with necessary modifications) for this Proj ect. Documentation may not be available for the existing programs. 4. The following description is intended to provide an.overview of station operation. Existing circuitry and programming shall take precedence over this description. The Contractor shall be responsible for reviewing the existing control drawings, programs, and actual panels to duplicate all programming, circuitry, and layout. B. The pump control shall operate the 2 pumps based on the liquid level in the wet well. On a rising level, the lead pump shall be started followed by the lag pump. Operating pumps shall be stopped at separate low levels. A submersible level transducer and programmable logic controller (PLC) shall provide normal control: 1. Pump on/off, high level, and low level set points shall be adjustable from the control panel's operator interface and from the SCA.DA computer. C. Pumps shall automatically alternate lead duty every cycle. Operator shall be able to select manual alternation via the operator interface. D. An adjustable 0 to 3 minute timer in the PLC shall delay the starting ofthe lag pump. 000034-06185-0 'id 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-4 SUBMERSIBLE LIFT STATION CONTROL PANELS E. Backup control shall be provided by 1 new float along with relays and timers independent of the PLC: 1. A high level alarm float shall initiate a "High-High" wet well alarm and start both pumps, with an adjustable time delay of .1 second to 10 minutes between each pump's starting. Pump starting sequence during the backup control mode shall be fixed (1-2). 2. Once the elevation drops below the high level alarm float, no additional pumps shall be started. 3. Pump( s) shall be stopped by a time delay relay .1 second to 10 minutes after the high level float drops out. 4. A second new float switch shall be installed at each lift station for future use/spare. The float shall be tied up to prevent operation and the cable shall be identified inside the control panel as "Spare Float." F. Pump Overtemperature: 1. Provide programming, PLC I/O, and panel space to accommodate future temperature sensors and associated relays for each pump. Future over temperature alarms shall initiate a pump fail alarm and stop the pump upon an over temperature condition. Pump shall be locked out until manually reset. G. Pump Moisture: 1. Provide programming, PLC I/O, and panel space to accommodate future motor chamber moisture sensors for each pump. Future motor chamber moisture shall initiate a pump fail alarm and stop the pump upon detection of moisture in the pump. H. Pump fail shall occur if the pump is called for and either the overload relay trips or the pump circuit breaker trips. Provide independent relays to monitor each overload and each pump circuit breaker. 1. The "Hand" position of each H-O-A switch shall be wired directly to the associated pump starter, bypassing all interlocks, except motor overload or any other alarm that would void the pump manufacturer's warranty. Provide an extra contact block on each H-O-A switch for SCADA system to monitor each switch's position. J. Upstream manholes (2) high level (future float switches): 1. Configure PLC inputs for one future upstream manhole float switch in each panel. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-5 SUBMERSIBLE LIFT STATION CONTROL PANELS K. Security: This point shall come from a limit switch on the door of the control panel. The SCADA system shall record this event as a station entry/exit each time it is activated. The operator shall disable/enable the security system via a code entered through the PLC operator interface. Provide adjustable time delays for disabling and enabling. L. Alarm Handling: 1. Appropriate alarm light( s) on the panel inner door and the exterior alarm light on top of the control panel shall flash until the alarm condition is acknowledged. 2. The inner door light( s) shall stay on continuously until the alarm condition is cleared. The alarm acknowledged button shall shut off the exterior alarm light. 3. Refer to Specification Section 16904 - Telemetry and SCADA Modifications for alarm indicationlhandling at the master site. M. Telemetry: 1. The PLC specified herein shall be used for control as specified. The PLC will also be used in conjunction with the radio to provide cOII1munication between the lift station and the New Hope Public vVorks Building. 2. Refer to Specification Section 16904 - Telemetry and SCADA Modifications for further detail. N. Power Failure: 1. Power failure shall initiate an alarm. 2. After a power failure, the system shall automatically restart "Called for" pumps in a timed sequence and complete panel operation shall return to normal. 3. A relay shall be provided ahead ofthe UPS to indicate normal power failure. 4. Relays shall be provided on the load side of the UPS to initiate a UPS fail alarm and bypass the UPS if the UPS fails. 000034-06185-0 :1:J 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-6 SUBMERSffiLE LIFT STATION CONTROL PANELS 1.06 SUBMITTALS A. Shop drawings for all products specified herein, except conduit, wire, and related materials. Shop Drawings shall include complete wiring diagrams for each panel. B. Sample operator interface screens shall be submitted prior to the completion of the PLC and operator interface programming. C. Operation and Maintenance Manuals for each component in the pump control panel, level sensing devices, and related equipment. PART 2 - PRODUCTS 2.01 BASIC ELECTRICAL MATERIALS A. Schedule 80 PVC conduit. B. Stranded copper conductor with 600-volt insulation: 1. Conductor Size #4 A WG and smaller shall have THvVN insulation. 2. Conductor Size #3 A WG and larger shall have THvVN or XHHW insulation. C. Tool-compressed terminals and connectors; Burndy, Ideal, Thomas & Betts, or equal. 2.02 PU"MP CONTROL PA1~'EL (Applies to 55th and Quebec, Bass Creek Circle, and 49th and Flag Lift Stations, unless noted otherwise) A. Enclosure Construction: 1. Free-standing, low profile, rainproof, Type 3R per UL-508. 2. Steel, 12 gauge minimum, door-in-door, polyester powder or weather- resistant paint finish over phosphatized surfaces. Interior white and exterior forest green. 3. 18 inch floor stands. Skirts to cover space between floor stands. Finish to match the panel. 4. Panel dimensions shall be 60 inches wide, 12 inches deep, and height as required (overall height not to exceed 66 inches). 5. Exterior gasketed doors with continuous hinge and three-point, handle- operated latching system. Handle with provisions for padlocking; tumbler type lock is not acceptable. 000034-06185-0 :9 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-7 SUBMERSIBLE LIFT STATION CONTROL PANELS 6. Internal doors with continuous hinge and quarter-turn latches. 7. Control devices and indicating lights mounted on interior doors. 8. Circuit breaker operating handles and overload relay reset pushbuttons accessible with interior doors closed. 9. Internal heaters with adjustable thermostat control to prevent condensation; Hoffman D-AH4001B. Locate to maintain temperature required for proper operation of all components inside the panel including but not limited to the PLC operator interface. 10. A 12 inch x 12 inch x 1 inch pocket inside the exterior door shall be provided for clipboard and information storage. 11. A barrier shall be provided to separate the high voltage components from the low voltage components. 12. Provide a laminated plastic nameplate, which identifies station voltage, electric service size, and pump horsepower. Attach nameplate (with stainless steel screws) directly above the generator receptacle. 13. Sentro12505-A door switch (with stainless steel cable guard) for monitoring position of exterior door. 14. Door stop kits to hold exterior doors in desired position; Hoffman A- DSTOPK, or equal. B. Service Entrance: 1. Electrical service will be: a. 49th and Flag and Bass Creek Circle shall be 120/240 volt,3 phase, 4 wire, 60 Hz, with a phase-to-ground and phase-to-phase fault current capability of 10,000 amperes RMS symmetrical. Amperage shall be as noted below. b. 55th and Quebec shall be shall be 120/240 volt, 1 phase, 3 wire,.60 Hz, with a phase-to-ground and phase-to-phase fault current capability of 10,000 amperes RLYfS symmetrical. Amperage shall be as noted below. 2. Provide an external meter socket approved by the power company. 000034-06185-0 cg 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-8 SUBMERSIBLE LIFT STATION CONTROL PANELS 3. Neutral bus for terminating the service neutral, the grounding electrode conductor, and the equipment grounding conductors. Bond neutral bus to the control panel enclosure. 4. Mechanically interlocked (key interlocks not acceptable), dual circuit breakers (General Electric TEB) for service entrance and standby generator: a. Power company breaker (UL listed for service entrance). Breaker shall be mounted near the bottom of the panel to allow connection to the existing underground service entrance conductors: 1) 100 amp, 2 pole for 55th and Quebec. 2) 100 amp, 3 pole for Bass Creek Circle and 49th and Flag. b. Standby generator breaker: 1) 100 amp, 2 pole for 55th and Quebec. 2) 100 amp, 3 pole for Bass Creek Circle and 49th and Flag. c. Breakers shall be molded case, thermal-magnetic with interrupting capacity as required for electric service specified above. d. Interlock shall permit only one breaker to be closed at a given time and shall permit both breakers to be locked open with a single padlock. 5. Generator receptacle shall be 1 OOamp, 3 wire, 4 pole, style 2, reverse service; Killark Versamate Model VRI042-S39 with angle adaptor, or equivalent from Appleton or Crouse-Hinds. 6. Surge Suppression: a. Main Service: Innovative Technology Model EQX80, fed from a thermal magnetic circuit breaker. Wire "Trouble" output contact to PLC. b. Control po\ver surge protection, EDCO-HSPI21BT-IRU. C. Single Phase Circuit Breakers: 1. 20A, single pole, thermal-magnetic circuit breakers with 10,000 RMS amperes symmetrical interrupting capacity; General Electric THQC. 000034-06185-0 ':9 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-9 SUBMERSfBLE LIFT STATION CONTROL PANELS 2. A minimum of four thermal-magnetic circuit breakers: a. Control power and telemetry (Feed control power through circuit breaker, then through Gould-ShaWmut, 7 amp, Class CC, time delay fuse with Gould Shawmut "Ultrasafe" fuse holder). b. Interior GFCI receptacle. c. Condensation heaters. d. Spare. D. Starters: 1. Each pump shall have a General Electric CR306, "N"'EMA RATED (sized as required for load, minimum Size 1), full voltage, non-reversing, thermal- magnetic circuit breaker combination starter with solid-state overload relays: a. 55th and Quebec Lift Station Pumps are 2HP. b. Bass Creek Circle Lift Station Pumps are 2.5HP. c. 49th and Flag are 5HP. 2. Solid state overload relays shall have the following features: a. Self-powered. b. 2:1 adjustment range. c. Phase loss protection. d. Class 20 protection. e. Remote reset. 3. Auxiliary contacts shall be provided as required for the specified control functions. 4. Circuit breaker and starter in combination shall have an interrupting capacity as required for electric service specified above. 5. Start and Run Capacitors (55th and Quebec only): Relocate the existing start and run capacitor assemblies from the existing panel to the new panel. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-10 SUBMERSIBLE LIFT STATION CONTROL PANELS E. Programmable Logic Controller (PLC): 1. 1764-24A W A base unit. 2. Micrologix 1500 (1764-LRP) CPU. 3. 1764-MM1 back up memory module. 4. 1769-IF4 analog input module. 5. 1769-IA16 discrete input module. 6. 1769-0vV8I AC/DC relay output modules (2). 7. 1769-ECR right end cap. 8. All required cables, connectors and related devices for complete functionality. 9. Panel space for a minimum of2 expansion I/O modules. F. PLC Operator Interface (Touch Screen): 1. Allen-Bradley Panelview 550 with blue/white screen (2711- T5A5Ll). 2. Memory card. 3. All required cables, connectors and related devices for complete functionality. 4. Screens shall duplicate the 2002 control panel's screens. In general, screens shall be as follows: a. Main Screen: 1) Display menu for access to other screens. 2) Graphic display of wet \vell with active bar graph and numerical displays of wet well level to nearest tenth of a foot. Also display the current pump on/off set points and HvVL/L WL set points in accurate positions on the wet well graphic display. 3) Display the lead/lag status of each pump. 4) Security code. 000034-06185-0 :g 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-11 SUBMERSIBLE LIFT STATION CONTROL PANELS b. Pump Screen(s): 1) Call, run, and fail status of each pump. 2) Simulated "Auto-Manual" pump alternation selector switch and 1-2, 2-1 sequence selection capability. 3) 24 hour and cumulative pump runtimes for each pump. c. Alarm status screen(s) to display the status of each alarm at the station. d. Set Point Screen(s): 1) On/off set points for each stage (2). 2) High and low level alarm and alarm reset set points. 3) Time delay screen to allow adjustment of all time delays. 4) Overrun timer set points. G. Radio, Antenna, and Accessories: 1. Dataradio Integra- TR, complete programming, diagnostics software, and power supply as required. Program for existing frequency (451.18750). 2. Yagi directional, 10dB gain. 3. Antenna Cable at all Sites: a. 3/8" foam transmission line; attenuation of 3.47dB per 100' @ 960 rvrnz; flat plane cmsh strength of 11 Olb/in.; tensile strength of 250 lbs. b. Andrew LDF2-50 or equal. c. "Super-flex" transmission cable for connection to each radio. d. "N" type connectors. e. Surge arrestors; Polyphaser IS-50LN-C2. f. Cable hangars and ground kits as required for each site. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-12 SUBMERSIBLE LIFT STATION CONTROL PANELS H. Devices Mounted through the Inner Door: 1. Hand-off-auto selector switch for each pump. 2. Push-to-test pushbutton, which illuminates all indicating lights and the external alarm light. 3. Alarm acknowledge pushbutton. 4. Indicating Lights for Each Pump as Follows: a. Called-for (amber). b. Running (green). c. Failure (red). 5. High wet well level alarm light (red). 6. Low wet well level alarm light (red). 7. Phase failure alarm light (red). (Delete for 55th and Quebec). 8. 15 amp., 120 Vac GFCI duplex receptacle. 9. Circuit breaker operating handles. 10. Overload relay reset pushbuttons. 11. PLC Operator Interface. 1. Pushbutton Devices, 30.5mm, heavy-duty oil tight: 1. Pushbuttons, Allen-Bradley Bulletin 800H-AR2D1. 2. Selector Switches, Allen-Bradley Bulletin 800H-JR2B with 800T -N231F knob lever. J. Indicating Lights: 1. 30.5mm, heavy-duty oil tight. 2. Sunlight visible, 28 chip high visibility cluster LED. 3. Full voltage, 120Vac. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-13 SUBMERSIBLE LIFT STATION CONTROL PANELS 4. "RUN" lights shall be green; "FAIL" and "ALARM" lights shall be red; "CALLED FOR" lights shall be amber. 5. Allen Bradley Type 800-QRH. K. Uninterruptible Power Supply (UPS), APC, 650V A, Model BP650S. L. Power Supplies: 1. 12 volt power supplies shall be IDEC PS5R-CI2. 2. 24 volt power supplies shall be IDEC PS5R-D24. M. Relays: 1. 120V AC; IDEC 3PDT, RR3B-UL AC120V. 2. 12VDC; IDEC 3PDT, RR3B-UL DC12V. 3. Time delay (.1 second to 10 minute); RTE-Bll-ACI20V. N. Phase Monitor (Bass Creek Circle and 49th and Flag only): Time Feed from Gould-Shawmut, lamp, ClassCC, time delay fuses with "Ultrasafe" fuse holders. O. 120 Vac intrinsic safety barriers for wet well float switches, upstream manhole float switches and transducer. P. External Alarm Light: 1. Flashing beacon (alarm) light. 2. "l\TEMA 4X enclosure UL listed for outdoor (weatherproof) installation. 3. Threaded mounting nipple suitable for mounting on top of panel. 4. Gasket provided for installation between light and panel. 5. 120 Vac. 6. Shatter resistant polycarbonate red lens mounted on polycarbonate / ABS base. 7. Multiple LED cluster reflected from double parabolic inner reflector. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-14 SUBMERSIBLE LIFT STATION CONTROL PANELS 8. Light output of 28 lumens per LED (28 LEDs); effective life of 100,000 hours. 9. Edwards 104FLEDR-N5, or equal. Q. Panel Wiring: 1. Stranded copper conductor. 2. Color-coded 600 volt insulation; blue for intrinsically safe wiring. 3. 300 volt terminal blocks with box lug for terminating all field control wiring; motor leads shall be terminated at the overload relay lugs. Terminals shall be identified with the number on the wiring diagrams. 4. Both ends of all conductors identified with wire tags which are numbered in accordance with the wiring diagrams and which are protected with a clear, heat-shrinkable sleeve. 5. Complete wiring diagrams prepared specifically for this project. All termination points shall be numbered. R. Identification: 1. Devices on interior doors shall be identified with laminated plastic nameplates which are engraved with white lettering on a black background and which are attached with stainless steel screws. 2. Devices mounted inside the panel shall be identified with embossed labels, Dymo or equal, as shown on the wiring diagrams. Label shall be on the mounting panel, near the device. S. Device Location shall duplicate St. Raphael's and Southview Lift Station's Control Panels. 2.03 FLOAT SvVITCHES A. High density polyethylene float body which IS approximately 4-1/2 inches In diameter. B. Mercury-to-electrode tilt switch rated 4.5 amp. at 115 Vac. Float shall be permanently marked to identify contacts as normally open or normally closed. C. Foam-filled body. 000034-06185-0 lb' 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-15 SUBMERSIBLE LIFT STATION CONTROL PANELS D. Heavy duty, Type SO #18/2 cable with synthetic rubber or PVC jacket. Cable long enough to reach control panel without a splice. E. Completely potted switch-to-cable-to-body connection. F. Stainless steel cable and 15 lb. plastisol-coated cast iron weight for mounting float switches. G. Stainless steel fasteners with rubber sleeve for cable. H. Anchor Scientific Inc. Type S, US Filter Control Systems Model LS, or 2.04 SUBMERSIBLE LEVEL TRA1~SDUCER A. Type 316 stainless steel body. B. Two inch minimum diameter Teflon faced pressure-transmitting diaphragm. C. Solid-state type internal transducer. D. Accuracy (including effects oflinearity, span. E. Sealed cable entry. F. Stainless steel support cable, connecting hardware, clamps, etc. as required for suspension in the wet well. G. Pressure range as required. H. Waterproof shielded cable with vent tube and sealed expansion bag or bellows at end of vent tube. 1. Sufficient length of cable to reach from the bottom the wet well tdthe control panel. J. Transducer shall be KPSI Model 750, US Filter Control Systems, Model 157GSCL with associated CMX21 transmitter, or equal. 2.05 SP ARE PARTS A. One spare relay of each type used. B. One spare intrinsic safety barrier of each type used. Ifbarriers provided are US Filter, Models IS 1-3 and IS-6 a spare barrier is not required. 000034-06185-0 @ 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-16 SUBMERSIBLE LIFT STATION CONTROL PANELS C. Two spare fuses of each type used (including any replaceable fuses internal to the PLC and radio). D. One spare submersible level transducer and associated transmitter. P ART 3 - EXECUTION 3.01 DEMOLITION Al'ID TEMPORARY WIRING A. Remove and return the following existing equipment to the City of New Hope Public Works Building: 1. 55th and Quebec Lift Station Control Panel. 2. Bass Creek Circle Lift Station Control Panel. 3. 49th and Flag Lift Station Control Panel. B. Remove and dispose of the following existing equipment (Note, prior to removal the Owner will indicate if they desire to retain any of this equipment): 1. All float switches. 2. All pole mounted disconnect switches, transfer switches and alarm lights. 3. All abandoned conduit, wire and miscellaneous electrical equipment. C. Remove and reuse the existing start/run capacitor assembly alarm units from the existing 55th and Quebec panel to the new panel. D. Before starting any work relating to the existing Lift Station controls, notify the Engineer and the Owner 72 hours in advance and obtain the Owner's approval before proceeding: 1. New control panel installations and start-up shall occur on a Monday, Tuesday, Wednesday, or Thursday. 2. The Owner maintains the right to postpone scheduled conversion from an old panel to a new panel (at no change in Contract price) during periods of peak influent flow to the lift station, i.e. during or after a large rainfall event. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-17 SUBMERSIBLE LIFT STATION CONTROL PANELS E. Contractor shall temporarily relocate the eXIstmg control panels and provide temporary wiring to maintain manual (Hand) operation of both pumps during the changeover to the new control panels: 1. The Owner will furnish their existing portable generator to supply power during the changeover. 2. The panel's pump control functions shall be down no longer than 1 hour. 3. Telemetry shall be down no longer than 8 hours. F. The Contractor shall remain on site continuously from the time the existing control panels are removed to the time the new control panels are completely installed and fully commissioned. 3.02 CONDUIT INSTALLATION A. Conduit size shall be as shown on the Drawings or as required by the NFP A 70 with a minimum size of 3/4 inch. B. All raceways shall be installed in accordance with NECA Standard as specified herein. C. All conduit shall be schedule 80 PVC, unless noted otherwise. D. Pull boxes or fittings shall be installed as Project Site and pulling requirements dictate. E. All conduits shall be kept dry, and free of water or debris with pipe plugs or caps. F. Conduits containing float or transducer cables shall be identified with permanently affixed labels with the wording "Intrinsic Safe Wiring." 3.03 vVIRING INSTALLATION A. All wire shall be installed in the specified raceways. Wire pulling shall be performed through the system in such a manner as to not exceed the maximum tensile strength ofthe cable being pulled as allowed by the NFP A 70 and/or cable manufacturer. All handling and installation of wire and cables shall be done by competent and skilled workmen whQ shall use methods, which will prevent damage to the wire and cable. Pulling compound shall dry to a fine lubricating non-conductive powder and shall be approved by the cable manufacturer. B. Adequate measures shall be employed to determine that the raceways are free of foreign material and moisture before pulling wire or cable. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-18 SUBMERSIBLE LIFT STATION CONTROL PANELS C. Conductors shall be without splice from termination to termination. D. Every bolt, lug and screw termination shall be tightened with a torque wrench or torque screwdriver to the torque values specified in UL standards and/or as specified by the device manufacturer. 3.04 FACTORY ACCEPTA1~CE TEST A. The control panels shall be factory tested at the Pump Control Panel Supplier's facility in the presence ofthe Owner and Engineer. B. Power to the panels shall be provided to allow all devices to perform as specified, including but not limited to starters, relays, controllers, operator interfaces, transducers, lights, etc. C. Digital inputs external to the panel shall be simulated. D. Transducers shall be placed in a 50 gallon barrel or similar vessel of water to allow simulation of wet well level changes. 3.05 CONTROL PA1~L INSTALLATION A. Control panel shall be installed on a concrete slab. Each control panel shall be secured to mounting surface with stainless steel fasteners: 1. The Owner \vill extend the existing concrete pads at Bass Creek Circle and 49th and Flag as required to fit new panel dimensions. 2. The Owner will construct a new concrete pad at 55th and Quebec as required to fit new panel dimensions. B. Electric Service: 1. The existing electric service conductors at Bass Creek Circle shall be reused / reconnected. 2. A new underground service lateral to the existing secondary drop pole and a new' pole riser shall be provided up the pole at 55th and Quebec. 3. A new underground service lateral to the existing secondary drop pole and a new pole riser shall be provided up the pole at 49th and Flag. C. Provide a new grounding electrode (ground rod) for each station. Provide a #6A WG grounding electrode conductor to connect the grounding electrode to the ground bus of the new control panels. 000034-06185-0 (9 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-19 SUBMERSIBLE LIFT STATION CONTROL PANELS D. The existing pump cables (2) shall be reconnected to the starters in the new control panel. Connect the grounding conductor in the pump motor cables to the ground bus. E. New float cables shall be installed in existing float conduits..vViring shall be performed in such a manner as to maintain required clearance from non-intrinsically safe wiring. F. Seal all conduits as noted on the plans. G. All programmable devices shall be completelyprogramm~dbytheC?ntractor.This shall include modification in the field to obtain the mode of operation as specified herein. Pro gramming shall be done in such a manner as to allo'vV ~oll1plete .ac~essto the program in the future by the Owner for changes and oradditioJ.ls.-Rrogramlocks shall not be used. Complete program documentation s~allbepr?\,ided within the program. A complete, fully commented hard copy (print out) ofthe program plus a complete, fully documented electronic copy in a format compatible ... with downloading via a laptop computers shall be provided. 3.06 START-UP Al'ID OPERATOR TRAINING A. Contractor shall be present when the new control panel(s) are put shall certify to the Owner and Engineer that all equipment has been and is operating properly. B. Contractor shall make all adjustments necessary to obtain proper operation ofthe lift station controls. This shall include but not limited to program editing, adjusting set points, transducers and float switches; providing the necessary type and quantity of device, relay and starter contacts; and changing wire connections to device contacts. C. Contractor shall instruct the Owner's personnel in the proper operation and maintenance of the lift station controls. 3.07 TESTING EXISTING PORTABLE GEl\TERATOR CONNECTION A. The generator receptacle shall be wired to match the pin connections and rotation of the cable and plug on the Owner's existing portable generator. B. Lift station operation shall be tested on existing portable generator power. Contractor shall test rotation and change receptacle wiring as required. ENl) OF SECTION 000034-06185-0 (Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16903-20 SUBMERSiBLE LIFT STATION CONTROL PANELS SECTION 16904 TELEMETRY Al'ID SCA.DA MODIFICATIONS PART 1 - GENERAL 1.01 SECTION INCLUDES A. SCADA and Telemetry System(s) Descriptions. B. SCADA Master Modifications. C. Installation, Startup, Testing, Commissioning, and Training. D. Training. 1.02 RELATED SECTIONS A. Conditions of the Contract, Supplemental Conditions, and Division 1 - General Requirements Sections apply to all work of Division 16 - Electrical. B. Section 16903 - Submersible Lift Station Control Panels. 1.03 GENERAL REQ1JIREMENTS A. All vvork performed under this Contract shall conform to the latest editions of the National Electrical Code (1\1FP A 70) and the Minnesota State Building Code. B. Contractor supplied materials shall be new and Underwriters Laboratories (1JL) listed, if such products are listed by lTL. 1.04 EXISTING WATER SCADA SYSTEM DESCRIPTION A. The communities of Golden Valley, Crystal, and Nevv Hope utilize a shared PLC/radio based SCADA system for their water system. The City of New Hope has a leased line connection to the system from a computer in their Pub lic vV orks Building (which has RsView runtime software on it) to the water SCADA system master at the Golden Valley Water Tower. B. All water SCADA system functions shall be remain and shall be fully functional throughout this Proj ect. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16904-1 TELEMETRY AND SCADA MODIFICATIONS 1.05 EXISTING LIFT STATION TELEMETRY SYSTEM DESCRIPTION A. There are presently two telemetry systems that monitor the City ofNe"Y Hope's lift stations. Both systems are located at the New Hope's Public Works Building: 1. An existing Healy-Ruff DC line telemetry master telemetry unit monitoI'sa common alarm condition at each of four existing lift stations and one manhole. An alarm light for each site is present on the front of the unit. 2. An Allen-Bradley PLC based radio SCADA system monitors five existing lift stations: a. This system was installed in 2002 and was expanded in 2004. b. This system utilizes the same RsView SCADAcomputer as the water SCADA system. c. SCADALAR1\1 software in the SCADA computer is used as the systems alarm dialer. d. A 4 channel back up alarm dialer is located in the Allen-Bradley PLC base telemetry master. e. Relays are wired in parallel with the alarm lights on the Healy-Ruff master unit. Relay contacts are wired into the Allen-Bradley PLC base telemetry master to incorporate those stations into the newer system. B. All lift station SCADA system functions shall be remain and shall be fully functional throughout this Project. 1.06 SUBMITTALS A. Shop Drawings: 1. Shop drawings for all products specified herein except conduit, wire, and related materials. 2. Complete wiring diagrams for modifications/additions to the system. B. As-built wiring diagrams and fully documented PLC program on CD. 000034-06185-0 cg 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16904-2 TELEMETRY AND SCADA MODIFICATIONS PART 2 - PRODUCTS 2.01 SCADA MASTER MODIFICATIONS A. Provide all required modifications and programming to incorporate the 55h and Quebec (Base Bid), Bass Creek Circle (Base Bid), and 49th and Flag (Alternate No.1) lift stations into the Allen-Bradley PLC base radio telemetry master and RsView computer. Modifications and programming shall be done in such a matter as to duplicate all functions presently available for the St. Raphael and Southview Lift Stations, such as graphic displays, trending, reporting, set point entry, and alarm monitoring. Provide shall include but not limited to: 1. PLC programming. 2. RsView/RsLinx programming. Note: Contractor shall have their own "Works" version to use for this Project's programming. 3. SCADALAR1\1 programming. 4. Microsoft office programming. B. The following data shall be telemetered between the telemetry master and the lift station( s): 1. Pump run (2). 2. Pump HOA in Auto (2). 3. Pump fail (2). 4. Pump over temperature (2) (future ifnot present at lift station). S. Pump moisture (2) (future ifnot present at lift station). 6. Pump nmtime (2). Totals accumulated in the PLC. 7. Pump start counter (2). Totals accumulated in the PLC. 8. Pump over run (2). Set points provided in the PLC to provide an alarm if a motor runs longer during one cycle than selected time. 9. Power fail. (0 - 300 second delay in PLC). 10. Phase fail. (Delete for 5 Sth and Quebec) 11. tJPS fail. 000034-06185-0 (9 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16904-3 TELEMETR Y AND SCADA MODIFICATIONS 12. High wet well level (transducer). 13. High-High wet well level (HWL float). 14. Communication fail. (0 - 999 second delay in PLC). 15. Station in-flow. (Calculated in PLC using manually entered station value and rate of level change when pumps are off). 16. Upstream manhole high level (existing float switches). 17. Set point values for pumps on/off, high level and low level. 18. Security status (door contact for outer door of control panel). 19. Surge Suppression (TVSS) "Trouble" (output contact from TVSS). 20. Future Rain gage (accumulate each contact closure). 21. Radio diagnostics. PART 3 - EXECUTION 3.01 START-UP, TESTING Al'ID COMMISSIONING A. Contractor shall certify to the Owner and Engineer that all equipment has been installed correctly and is operating properly. B. All programmable devices shall be completely programmed by the Contractor. This shall include modification in the field to obtain the mode of operation as specified herein. Programming shall be done in such a manner as to allow complete access to the program in the future by the Owner for changes and or additions. Program locks shall not be used. Complete program documentation shall be provided within the program. A complete, fully commented hard copy (print out) of the program plus a complete, fully documented electronic copy on a CD shall be provided. C. Contractor shall make all adjustments necessary to obtain proper operation of the new telemetry equipment. D. Contractor shall demonstrate all additions/modifications to the existing SCADA system and instruct the Owner's personnel in the proper operation and maintenance of the new telemetry equipment. 000034-06185-0 !Q 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16904A TELEMETRY AND SCADA MODIFICATIONS E. Check, test, calibrate, and put into operation all radio added to the system. Diagnostics integral to radio/modems shall be used to aim antennae for maximum signal strength. 3.02 TRAINING A. Contractor shall instruct the Owner's personnel in the proper operation of the additions to the SCADA system. END OF SECTION 000034-06185-0 '9 2006 Bonestroo, Rosene, Anderlik & Associates, Inc. 16904-5 TELEMETRY AND SCADA MODIFICATIONS This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By .------. ACEC National Society of Professional Engineers'" _ ."">,._>..._,.~,~~.",.,."""""."",~,,,,,_'___'",."".,'_"" _._,.,,,._........,,.,n~.~,,., Plf)feSsiOmf/ tngil18t:.t$ in PriVate Pract.ice ~m~tk\:~~c.~'fFl!.~tj,~~i ~#!;!t,~ti;~tIJ;~t' A~l;.;Klc.\.'" C<\t;:-<CfL Uf E'iGI:\l.t'.!lIM; CU:,lI'.\:-iI~~ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice aivisian afthe NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAL~ SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America 1$1 Knowledge for Creating ""'"":b. and Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright @2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS A.N!J""TERMliOLOGY .................. ........... .................................. ........... ..... ...............................6 1.01 Defined T enns ..................................................................................................... .....................................................6 1.02 T enninology ...................................................................................................................................... .......................8 ARTICLE 2 - PRELIMliAR Y MATTERS.............................. ........ ..........................................................................................9 2.01 Delivery of Bonds and Evidence of Insurance .........................................................................................................9 2.02 Copies of Documents................................................................................................................................. .............. 9 2.03 Commencement of Contract Times; Notice to Proceed ...........................................................................................9 2.04 Starting the Work............................................................................................................................................... ......9 2.05 Before Starting Construction................................................................................................................................... 9 2.06 Preconstruction Conference..................................................................................................................................... 9 2.07 Initial Acceptance of Schedules............................................................................................................................... 9 ARTICLE 3 - CONTRACT DOCUMENTS: liTENT, AlvlENDliG, REUSE.......................................................................10 3.01 Intent............................................................................................................................................ ..........................10 3.02 Reference Standards....................................................................................................................................... .......10 3.03 Reporting and Resolving Discrepancies ......................................... ......................... ....... ..... ... ...............................10 3.04 Amending and Supplementing Contract Documents ..............................................................................................11 3.05 Reuse of Documents .................. .......... .............. .......................... ........................ ............... ....................................11 3.06 Electronic Data................................................................................................................................................. .... .11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POliTS ................................................................................................11 4.01 A vailability of Lands .............................. .............. ..................... .......................... ............ ..... ................... ...............11 4.02 Subslllface and Physical Conditions..................................................................................................................... .12 4.03 Differing Subswface or Physical Conditions.........................................................................................................12 4.04 Underground Facilities ......................................................................................................................................... .13 4.05 Reference Points..................................................................................................................................... .............. .13 4.06 Hazardous Environmental Condition at Site .........................................................................................................13 ARTICLE 5 - BONDS AND liSURANCE .............................................................................................................................14 5.01 Performance, Payment, and Other Bonds.. ....... ..... ...... .......................... ........... ............................... ......................14 5.02 Licensed Sureties and Insurers ............. ...... .................................... ............................... ........... ........ .....................15 5.03 Certificates of Insurance ...... ..... ................................... ............. ....... ... .......... ...... ....... .... ...... ... ................ ...............15 5.04 Contractor's Liability Insurance........................................................................................................................... .15 5.05 Owner's Liability Insurance ..... .......... ... ........ ..................................... ..... ...... ..... ...................... ..... .... ............. .......16 5.06 Property Insurance............................................................................................................................... ................ .16 5.07 Waiver of Rights ................................... ....... ................. ....... .... ........ .......... ..................... ...... ..................................17 5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ..........................................................................................................18 6.01 Supervision and Superintendence ........ ....... ........... ............. ......... ...... .......................... .... ............. .... .....................18 6.02 Labor; Working Hours ................... ........ ..... .................. .................................... ............. ...... ... ........ ........ ...............18 6.03 Services, Materials, and Equipment..... .......... .... ....... .................. ..... ............. ..... ..................... ............ ...................18 6.04 Progress Schedule.................................................................................................................................... ............ ..18 6.05 Substitutes and "Or-Equals" ......................... .......... ....... ............ ................... ..... ...................... ............. ......... .......19 6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties ......... ..:..... ....... ......... ................................ ..... ........ ..... ................. ..... .... ....................... ..21 6.08 P ennits ..................................................................................................................................... ............................. .21 6.09 Laws and Regulations ..... ............. ............... ............ ......... ................. ........ ........ ........ .............. ................ .......... .....21 6.10 Taxes......................................................................................................................... ............................................ .22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Docunlents ...................................................................................................................................... ...... .....22 6.13 Safety and Protection.......................................................................................................................... .............. .... .22 6.14 Safety Representative.................................................................................................................... .........................23 6.15 Hazard Communication Programs....................................................................................................................... .23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 6.16 Emergencies................................................................................................................................... ...................... ..23 6.17 Shop Drawings and Samples ...................................................................... ................... ........ .................................23 6.18 Continuing the Work......................................................................................................................................... ... ..24 6.19 Contractor's General Warranty and Guarantee ................................. ................... ............................................. ...24 6.20 Indemnification............................................................................................................................... ..................... ..24 6.21 Delegation of Professional Design Services ...... ...... ............. ........................................ .........................................25 ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25 7.01 Related Work at Site........................................................................................................................................... ....25 7.02 Coordination.............................................................................................................................................. ........... .26 7.03 Legal Relationships...................................................................................................................................... ........ ..26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ............. ... ........ ...... ...................... ............. ............................................... ......26 8.01 Communications to Contractor............................................................................................................................. .26 8.02 Replacement of Engineer...................................................................................................................................... .26 8.03 Funlish Data............................................................................................................................................. ............ .26 8.04 Pay When Due..................................................................................................... ................................................. ..26 8.05 Lands and Easements; Reports and Tests ..............................................................................................................26 8.06 Insurance.......................................................................................................................................... ..................... .26 8.07 Change Orders..................................................................................................................................... ................. .26 8.08 Inspections, Tests, and Approvals ......................................................................................................................... .26 8.09 Limitations on Owner's Responsibilities............................................................................................................... .27 8.10 Undisclosed Hazardous Environmental Condition .................................................... .......... ........................ ..........27 8.11 Evidence of Financial Arrangements ..... ................ .................. ..................... ............. ........... ....................... ..........27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 9.01 Owner's Representative....................... ................................................................................................................. .27 9.02 Visits to Site..................................................................................................................................... ...................... .27 9.03 Project Representative.......................................................................................................................... ............... ..27 9.04 Authorized Variations in Work.............................................................................................................................. .27 9.05 Rejecting Defective Work............................................................................................................ .......................... .27 9.06 Shop Drawings, Change Orders and Payments .....................................................................................................28 9.07 Detemlinations for Unit Price Work ............. ....... ......................................... .............. ....... .................. ..................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities .....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...........................................................................................................28 10.01 Authorized Changes in the Work.......................................................................................................................... ..28 10.02 Unauthorized Changes in the Work ............... ..... ... ..................................... ................ ...........................................29 10.03 Execution of Change Orders .......................... ..... ..................................... ........................ ......... ....... ............ .... ......29 10.04 Notification to Surety............................................................................................................................ ............... ..29 10.05 Claims......................................................................................................................... .......................................... .29 ARTICLE 11 - COST OF THE WORK; ALLOW AJ.~CES; UNIT PRICE WORK..................................................................30 11.01 Cost of the Work......... ..................... .......... ..... ... ..... .................................. ................... ..... ...... ................................30 11.02 Allowances............................................................................................................................. ................................ 31 11.03 Unit Price Work .....................................................................................................................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHAJ.~GE OF CONTRACT TIMES .....................................................32 12.01 Change of Contract Price ........... ............. ......... ..... .................................. ...... ....... ..... ........ ....................................32 12.02 Change of Contract Times..................................................................................................................................... 3 3 12.03 Delays............................................................................................................................. .......................................33 ARTICLE 13 - TESTS AJ.'\TD INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33 13.01 Notice of Defects .................... ... ...... .......... ..... ..... ... .................................. ...... .... ... ..... ........ ............... ........... ...... ....33 13.02 Access to Work.................................................................................................................................... ...................33 13 .03 Tests and Inspections............................................................................ ................................................................. 33 13 .04 Uncovering Work.................................................................................................................................. .................34 13.05 Owner !vlay Stop the .Work .....................................................................................................................................34 13.06 Correction or Removal of Defective Work .............................................................................................................34 13.07 Correction Period......................................................................................................................... ......................... 34 13.08 Acceptance of Defective Work ....... .... ..... ...... ...... ... ............................. ....... ............... .... ....... ........ ..................... .....35 13.09 Owner May Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AJ.'\fD COJvIPLETION...............................................................................36 14.01 Schedule of Values............................................................................................................................... ..................36 14.02 Progress Payments............................................................................................................................. ....................36 14.03 Contractor' s ~Varranty of Title.............................................................................................................................. 37 14.04 Substantial Completion.......................................... ................................................................................................ 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial Utilization....................................................................................................................................... ...........38 14.06 Final Inspection .................................................................................................................................................. ...38 14.07 Final Payment............................................................................................................................................. ........... 38 14.08 Final Completion Delayed ..................................................................................................................................... 39 14.09 Waive r of Claims........................................................................................................................................... ......... 39 ARTICLE 15 - SUSPENSION OF WORK Al~D TERMINATION .........................................................................................39 15.01 Owner May Suspend Work.................................................................................................................................... .39 15.02 Owner May Terminate for Cause ............................................. .......... .......... ..................... .................... ..... ............39 15.03 Owner May Terminate For Convenience ...................... ............................... .... ......................................................40 15.04 Contractor May Stop Work or Terminate ..............................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION ..... ....................... ......................... ........................ ............... ............... .......... ...........41 16.0 1 Methods and Procedures...................................................................................................................................... .41 ARTICLE 17 - MISCELLANEOUS ....................................................... ............................................................. .....................41 17.01 Giving Notice.............................................................................................................................................. .......... .41 17.02 Computation of Times........................................................................................................................................... .41 17.03 Cumulative Renledies ............................................................................................................................................ .41 17.04 Survival of Obligations ............. .................................................. ................................. .................................. ........41 17.05 Controlling Law ................................................................................................................................................... ..41 17 .06 Headings................................................................................................................................................. .............. .41 EJCnC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCne. All rights reserved. GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Tenns A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment-- The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder-- The individual or entity who submits a Bid directly to Owner. 7. Bidding Requirements and the (including all Addenda). Documents--The Bidding proposed Contract Documents 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract-- The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.01.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 20. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project-- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications-- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C- 700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--AlI underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. Work-- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Tenninology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Tenns or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C.Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perfoml, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "instal!," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before StQl1ing Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: AMENDING, REUSE INTENT , 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions 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 in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Pelformance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 7 No proVIsIon of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations shall be effective to the duties or applicable to the performance of the .Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700. IO (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending Documents and Supplementing Contract A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's clarification. interpretation or written 3.05 Reuse ofDocwnents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long tyrm compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 A V AILABllJTY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENT AL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; 4.01 A vailability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, OpInIOnS, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet anyone or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright@2002NationaISocietyofProfessionalEngineers for EJCDC. All rights reserved. 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or ? other data, interpretations, OpInIOnS and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents., consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURA1'\l"CE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety 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 Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Ce/tificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under disability benefits, and other acts; workers' compensation, similar employee benefit 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. include completed operations insurance; 4. include contractual covering Contractor's indemnity Paragraphs 6.11 and 6.20; liability insurance obligations under 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least ;30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to. whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be umeasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Soclety of Professional Engineers for EJCDC. All rights reserved. 00700 . IS 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items ? Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, a. in the exercise of reasonable judgment Engineer determines that: b) be similar in substance to that specified, and 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; c) be suited to the same use as that specified; 2) will state: 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; 3) it has a proven record of performance and availability of responsive service; and b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement servIces; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Documents (or in the provIsIons of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the ') shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer" and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Pemlits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance \vith any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCnC C.700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCne. All rights reserved. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance ofthe Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 ings or Specifications or to the acts or onusslOns of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. ? Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample Drawings and Samples requirements of the Work Documents. with other Shop and with the and the Contract 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright IQ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. a. Submit number of copIes specified III the General Requirements. A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other and all court or C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17 .C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17 .C.l. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0 LA shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Condition Hazardous Environmental A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhausti ve or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in.Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Detenninationsfor Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 1O.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAlMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work AContractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0 LA, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carryon the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright!Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 COST OF THE WORK; ALLOW ANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0 1.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus, Contractor's fee shall the Agreement. EJCnC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCnc. All rights reserved. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.0 l.B. B. The estimated quantitIeS of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIIvIES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 1l.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01A5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in anyone change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. 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. B. If Engineer considers it necessary or advisable that covered Work be observed 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. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (induding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion 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, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR Ai'l"D CO:rvIPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 a. the Work has progressed to the point indicat- ed; inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in.. writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opmlOn of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright!Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retain age stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminatefor Cause A. The occurrence of anyone or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. COPYTight !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of. engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Tenninate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Tenninate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright !Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph lO.OS.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs lO.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in wntmg to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any prOVlSlon of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C.700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works May 14, 2007 Consent Item No. By: Guy Johnson By: 6.6 Resolution accepting the replacement of sanitary sewer lift station control panels and telemetry modifications project, and approving the final payment request (improvement project no. 798) t!!t'7LtFlLCt......!'J.L Requested Action Staff recommends that Council approve a resolution to accept the 2006 lift station SCADA project 798, and authorize the final payment to Electrical Installation and Maintenance Company Inc. in the amount of $73,250. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and/or improve the level of service. The city has been budgeting for the replacement of sanitary sewer lift station control panels. The sanitary sewer lift stations are a critical part of the city's sanitary sewer collection system, and staff has identified the need to upgrade the lift stations' telemetry. Background This project provided for replacement of control panels at 55th/Quebec A venue, Bass Creek Circle, 49th Avenue, and the related modifications to the master radio telemetry unit at the Public Works facility. The replacement of the control panel at 49th A venue was originally an alternate and was included in the project. At its meeting on June 12, 2006, Council approved plans and specifications and authorized advertisement for bids for the replacement of lift station control panels. Council reviewed the bids and awarded the contract to Electrical Installation and Maintenance Company Inc. on July 24, 2006. To: /'J ('~/?)} / l'L{:y () 7 - 7:2- Second by /u Motion by I:\RFA \PUBWORKS\2007\798 SCADA Final.doc Request for Action May 14, 2007 Page 2 The existing telemetry system for each of these stations monitored a single common alarm contact for each station via leased telephone lines. The new supervisory control and data acquisition (SCADA) telemetry system provides much more detailed alarm information than the system it replaced. The information includes pump run times, station in-flow, and pump start counts. This information is very useful in operating and planning maintenance of the lift station. It is particularly important while monitoring the lift stations when multiple lift stations are experiencing electrical power outages. Funding The amount of the original contract was $85,410, with the final pay request being $73,250. All work has been satisfactorily completed. Funding for this project will be from the city's utility fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending the acceptance of the project, and the final pay request. 1:\RFA \PUBWORKS\2007\798 SCADA Final.doc City of New Hope Resolution No. 2007- 72 Resolution to accept the replacement of sanitary sewer lift station control panels and telemetry modifications project and approve final payment request (improvement project 798) WHEREAS, the city has entered into a contract with Electrical Installation and Maintenance Co. Inc. for the installation of sanitary sewer lift station control panels and telemetry modifications; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 798 and approve final payment to Electrical Installation and Maintenance Co. Inc. in the amount of $73,250; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Electrical Installation and Maintenance Co. Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the installation of sanitary sewer lift station control panels and telemetry modifications from Electrical Installation and Maintenance Co. Inc. 2. That the city manager is hereby directed to authorize the final payment of $73,250 to Electrical Installation and Maintenance Co. Inc., subject to submittals of the required IC-134 Forms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 14th day of May, 2007. Attest: ~~ - , City Clerk I:RFA\Pubworks\2005\798 SCADA Final Resolution 2335 Highway 36 W St. Paul. MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com May 1, 2007 ... Bonestroo Mr. Guy Johnson City of New Hope Public Works Building 5500 International Parkway New Hope, MN 55428 Re: 2006 Lift Station Control Panel Replacement Bonestroo File No. 000034-06185-0 City Project No. 798 Pay Request #2-fina/ Dear Mr. Johnson: Enclosed are three (3) copies of Pay Request No. 2/Final for the 2006 Lift Station Control Panel Replacement project. This pay request covers work completed by E!ectrical Installation and Maintenance through May 1, 2007. The work on this project has been satisfactorily completed, therefore, we recommend approval for payment of $73,250.00. Upon execution of the pay request, we suggest distribution as follows: 1 copy City of New Hope 1 copy Electrical Installation and Maintenance 1 copy Bonestroo, Attn: Chuck Oehrlein Also, enclosed are the Conditional Final Waiver of Liens and the IC -134 forms (Withholding Affidavits). Please call me at 651-604-4793 if you have any questions. Very truly yours, BONESTROO,INC. (J LJ (j}, ~ Chuck W. Oehrlein Attachments St. Paul St. Cloud Rochester Milwaukee Chicago Engineers Architects Planners .. Bonestroo Owner: For Period: Contractor: Date: Re uest No: Electrical Installation & Maintenance, 1480 Coun Rd. 90, Maple Plain, MN 55359 Ma 1, 2007 2 AND FINAL CONTRAGOR'S REQUEST FOR PAYMENT 2006 LIFT STATION CONTROL PANEL REPLACEMENT BONESTROO FILE NO. 000034-06185-0 CITY PROJECT NO. 798 SUMMARY 1 Original Contract Amount 2 "C.hange O~d,~r - Addition 3 Change Order."- Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ 85,410.00 $ $ 0.00 0.00 2 AND FINAL $ $ $ $ $ $ $ $ $ 85,410.00 85,410.00 0.00 85,410.00 0.00 85,410.00 12,160.00 0.00 73,250.00 Recommended for Approval by: BONESTROO CiJ: tAl. {fkkJ?,~ Approved by Contractor: ElEw'NSTArl:INTENANCE CITY OF NEW HOPE / ~..d1 /' \;'4 /'1 r. /} \ "" ! ,Jr \/ \: ',' " ~t<-.,--/; 0.c~U~~ ,~. Specified Contract Completion Date: Date: 5/;4 h 7 I / 3406185REQ2FINALxls lv\INNFSOTA. RF.Vt:NUf Contractor's Withholding Affidavit Confirmation ELECTRICAL INSTALLATION & MNTNCE CO ID 4120631 Please keep this information for your records. Submit a copy of this page to the project owner te, receive YOllr final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors "151387 Tue Apr O~i 10:13:53 CDr 2007 CITY OF NEW HOPE 798 October 2006 March 2007 NEW HOPE. MINNESOTA No subcontractors listed. htrps:/ /www.mndor.stlltc.mn .1I s/wc/ actiol l!cuIlfirrnaLjol1 Prin [ v0/v0 39~d WI3 SvLE5LvE9L Page 1 of 1 A 1,/tY"! LS:50 L00G/E0/v0 04/19/2007 14:44 7534793745 ElM RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: April 19, 2007 The undersigned here by acknowledges receipt of the sum of . _clrb. q 0.. .0. 0 CHECK ONLY ONE J. as partial payment for labor, skill and material furnished. CD ~s pErth~l p:::.ymeJ1: fh all labor, skill and Jnateriai furnished or to be furnished (except the remaining sum of $.5L/;;. ift,.O,DO .). as full and final payment For all labor, skill and material furnished or to be f-urnished to the following described real propc11y: (legal description, street address or proj ect name). 3. New Hope 2006 Lift Station City of New Hope And for value received herehy waives 1).11 rights a(.;quired by the und.ersigned co file or record mechanic's liens against said real property "for labor, skin or material furnished to said real property (only for the amount paid if Box J is checked, and except fot' retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractor~ employed by the undersigned have been paid in full, EXCEPT: If box 2 is checked, Document is valid only after funds have cleared OUl' bank. Ifbox 3 is checked, document is valid only after :final payment has cleared ou!' bank. In C011trof Inc. BY~~/ 1035'bTamestown Street NE Blaine, MN 55449 PAGE 02/02