IP #813PROJECT NO. 813
Sanitary Sewer Lift Stations
Item 6.7 12/11/06 Motion authorizing the development of plans and specifications for replacement of
sanitary sewer lift station control panels (improvement project 813)
Res. 07-25 2/12/07 Resolution approving plans and specifications and ordering advertisement for bids for
the 2007 sanitary sewer lift station panel replacement and telemetry improvements
(improvement project no. 813).
Res. 07-48 3/26/07 Resolution awarding contract for the replacement of sanitary sewer lift station control
panels and telemetry modifications (improvement project no. 813)
Res. 07-186 12/10/07 Resolution accepting the replacement of sanitary sewer lift station control panels and
telemetry modification project, and approving the final payment request to Electrical
Installation and Maintenance Company Inc(improvement project no. 813)
COUNCIL
Request for Action
Originating Department
Approved for Agenda
Public Works
(-
\\( 1\
By: / IA~
~
March 26, 2007
Agenda Section
Development &
Plannin n
Item No.
By:
Guy Johnson
8.2
Resolution awarding contract for the replacement of sanitary sewer lift station control panels and telemetry
modifications (improvement project no. 813)
Requested Action
Staff requests approval of a resolution awarding the contract to the low and responsible bidder, Elech"ical
Installation and Maintenance Co. Inc., in the amount of $36,800 for the base bid and $23,250 for alternate one,
for a total bid of $60,050. Staff is recommending that the alternate 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 conh"ol 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
Each sanitary sewer lift station has its O1;vn 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 (SCADA) telemetry
system provides much more detailed alarm information than the system it will replace. This information
includes pump run times, station in-flow, and pump start counts. This information is very useful in operating
and plmming maintenance of the lift station. It is particularly important while monitoring the lift stations
when multiple lift stations are experiencing electrical power outages.
Motion by
Second by
To:
I:\RFA \PUBWORKS\2007\813 SCADA Award Contract.doc
Request for Action
March 26, 2007
Page 2
At its meeting on December 11, 2006, the City Council approved the development of plans and specifications
for SCADA telemetry at 59th/Wisconsin Avenue; 5420 TH 169 Service Road; and Terra Linda Park; and the
related modifications to the master radio telemetry unit at the Public Works facility. The replacement of the
control panel at 5420 TH 169 Service Road was alternate number one. The installation of SCADA systems at
these three sites completes the recommended city sanitary sewer telemetry system updates.
Funding
The capital improvement program includes $75,000 for upgrades to lift stations. Funding for this project
would be from the city's utility fund.
Attachments
The engineer's memorandum, copies of the bid tabulations, and the resolution awarding the contract is
attached.
I:\RFA \PUBWORKS\2007\813 SCADA Award Contract.doc
City of New Hope
Resolution No. 07- 48
Resolution awarding contract
for the replacement of sanitary sewer lift station
control panels and telemetry modifications
(improvement project no. 813)
WHEREAS, this Council approved plans and specifications and ordered bids for the replacement
of sanitary sewer lift station control panels and telemetry modifications; and,
WHEREAS, 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; and,
WHEREAS, this Council does hereby determine to proceed with the replacement of sanitary
sewer lift station control panels and telemetry modifications; and,
WHEREAS, the advertisement for bids for the construction of this improvement project was
published in the New Hope-Golden Valley Sun Post, the official newspaper of the
city, on February 21, and in the Construction Bulletin on February 26 and March 5,
2007; and,
WHEREAS, the bids for the replacement of sanitary sewer lift station control panels and
telemetry modifications were duly opened at the New Hope City Hall, 4401 Xylon
Avenue North, at 10:00 a.m. on March 14, 2007; and,
WHEREAS, the base bid in the amount of $36,800 and alternate No.1 bid in the amount of
$23,250 from Electrical Installation and Maintenance Co. Inc., for the replacement of
sanitary sewer lift station control panels and telemetry modifications are the lowest
responsible bids submitted; and,
WHEREAS, the city engineer, Bonestroo, Rosene, Anderlik & Associates Inc., has recommended
that Council award the contract 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 a contract in the amOlmt of $60,050 for the replacement of sanitary sewer
lift station control panels and telemetry modifications is awarded to Electrical
Installation and Maintenance 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 26th day
of March 2007. ];11, I c7Pn / Q
II tt4}vJ!-Jr~A~
~ I' t l \if / j' -
~ayor ,J
Attest:1IJ;~~
'--' .
City Clerk
2335 Highway 36 W
S1. Paul, MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
Bonestroo
March 14, 2007
Mr. Paul Coone
Public Works Director
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: 2007 Lift Station Control Panel Replacement Project
City Project No. 813
File No. 000034-07193-0
Bid Results
Bids were opened for the Project stated above on Wednesday, March 14th at 10:00 A.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
Contractor
Electrical Installation and Maintenance Co., Inc.
Total Construction & Equipment, Inc.
Automatic Systems Co.
Base Bid
$36,800.00
$37,795.00
$47,991.00
A/temate No.1
$23,250.00
$22,350.00
$29,473.00
The low Bidder on the Project was Electrical Installation and Maintenance Co., Inc. with a Base Bid price
of $36,800.00. 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 Co., Inc. should be awarded the Project on the Base Bid Amount of
$36,800.00. Furthermore, the Alternate price is a reasonable price should the City Council wish to
consider award of that also. Note, if Alternate No. 1 is awarded Electrical Installation and Maintenance
Co., Inc. remains the low bidder with a total price amount of $60,050.
Should you have any questions, please feel free to contact me at (651) 604-4793.
Yours very truly,
BONESTROO
CM-W~
Charles W. Oehrlein, Project Manger
Enclosure
S1. Paul
S1. Cloud
Rochester
Milwaukee
Chicago
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LESLIE A. ANDERSON
GORDON L. .JENSEN I
.JOHN W. MUELLER
GLEN A. NORTON
Al\IY E. PAPENHAUSEN
STEVEN A. SONDRALL
ARIC T. STIEjIj'ESSEN
.JENNIFER C. TOOHEY
OF COUNSEL
LORENS Q. BRYNESTAD
'Real Property Law
Specialist Certified By
The ivlinnesota State
Bar Association
JENSEN ANDERSON SONDRALL, P.A.
Attorneys At Law
April 10, 2007
Valerie Leone
City Clerk
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: 2007 Lift Station Control Panel Replacement
City Project No. 813
Our File No. 99.10030
Dear Val:
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-881 1 $ TELEFAX (763) 493-5193
e-mail law@jasattorneys.com
fVriter's Direct Dia! No,: (763) 20!-02!!
e.mail sas@jasauorneys.com
Via e-mail to
vleone@ci.new-hope.mll.us alld
by Regular Mail
Enclosed please find four copies of the contract, payment and performance bonds and Certificate
of Insurance for the referenced project. All are in order from a legal standpoint.
Please call me if you have any questions.
Very truly yours,
<Cu~
Steven A. Sondrall, City Attorney,
City of New Hope
Enclosures
cc: Guy Johnson, Public Works Director
Vince Vander Top, City Engineer
P:,.\nornt:y',SASJ Cli~n: Files2 City of Nt:w Ho;}~\99.10030 rPublk Works gen~r::J.lrL~on~ l!r 2007 nfl stmioll proj:.:t.:t S13.do\..'
04/05/2007 13:29
7634793745
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PAGE 01/01
Palle 1 of 1
From; RayeAnn t'lo1l111an To: Loul~l:
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03/29/2007
PROtllJCl;~ (763) 535-9593 FAX (763)535-2531 THIS CERTIFICATE IS ISSUEO 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.
Minneapolis, MN 55422
INSURERS AFFORDING COVERAGE NAIC#
INSUltED El ectr1 eel Instal I at 'ion and Maintenance, Inc. IN51Jtil;R A- United Fire & Casualty Company
1480 Count Road 90 INSUR6ll 8:
Maple Plain, MN 55359-9525 l~jSURER c.
IN51.J?F.R D'
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IN$.J?ER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVr; aE!;N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING
ANY REQUIREMENT, TER.M OR CONDrtJON OF ANY CONTRACT OR OTHER OOCU MENT wITH RESPECT TO WHICH THIS CeRTIFICATE MAY BE ISSUED OR
MAY PERTA~"l. THE INSURANce AFFORDEO SYTHE POLICIES DESCRIBED HEREIN IS SLlSJeCT'-O ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCI~
POLICIES. A~REGATe LIMITS SHOWN MAY I-IAVE BEEN REOUCEO BY PAlO CLAIMS.
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X COMM8':CIM. GENERAl LIA9IL1TY ~;~~~J9~~~ocel . , 100,000
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AU'I'OMOllllll LIABIUlY 60064459 08/18/2006 08/18/2007 COMBINED S!NGLE LIMIT
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DE!SC:RIPll0N OF OP~RATIONS I ~OC^110~S IVF.Hlm.F.S / EXCLUSIONS ADD!!.D !lY !!.NDOFtSEM!!.N'T /sreCI^L PROVISIONS
roject: #8J.3 2007 Li t Station control Panel Replacement: Project
onest roo Rosene Anderl11< (Engineer) and City of New Hope (Owner) are 1 i sted as additi onal insureds for
eneral liability as it appl ies to the project 11 sted above.
CERTIFICATE HOLDER CAN.C~U .4lTlON
SHOULD Am OF THE! ^BOVE OESCR/BgO POLICIES Be CANCELLED B0'ORI> THI>
EXI'IRA'nON \:lATE 1HEREOF. THE ISSUING INSURER VVlLLENOEAVOR TO MAlL
-1L OAYS\'\IRI'n'EN NO'l'ICE '1'0 THIl CERT'II'IC:ATIl HOUleR NAMED TO TJ;E LEFT.
Bonest roo, Rosene. Anderlik 8, Assoc.. Inc. BU'I' MI~lJRETO MAIL SUCH NOlle!: SHA~~ IMPOse NO OB~11;lA1l0N O~ hlABll.lTY
2335 W Highway 36 O~ ANY KINO UPON THE INSURER, ITS ^GENTS OR REl'RE$ENTAllVES.
Roseville, ~lN 55113 A UTHolllZEO RS>RESElNT^ llVE 1St- /h.rtk'!...t-..,
Ben Erickson/BUDDY
ACORD 25 (2001/09) FAX: (651)636-13:1.1
@ACORD CORPORATION 1988
2335 Highway 36 W
51. Paul. MN 55113
Tel 651.636.4600
Fax 651.636.1311
www.bonestroo.com
Bonestroo
March 28, 2007
Mr. AI Klein
Electrical Installation & Maintenance Co., Inc.
1480 County Road 90
Maple Plain, MN 55359
Re: City of New Hope, Minnesota
2007 Lift Station Control Panel Replacement Project
City Project No. 813
File No. 000034-07193-0
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:
2 copies
1 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
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, INe.
{l L~ w {flv--G
Charles W. Oehrlein, Project Manager
cc: Steven Sondrall, City Attorney
Valerie Leone, City of New Hope
5t Paul
5t Cloud
Rochester
Milwaukee
Chicago
Enclosures: Four Contract Documents
April 16, 2007
Mr. AI Klein
Electrical Installation & Maintenance Co., Inc.
1480 County Road 90
Maple Plain, MN 55359
SUBJECT: 2007 LIFT STATION CONTROL PANEL REPLACEMENT
(IMPROVEMENT PROJECT NO. 813)
Enclosed is return of your bid bond and two fully executed contract documents for New
Hope Project No. 813. 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 March 26, 2007, for $60,050 (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.
S~eIY>;
/2fPU
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. 34-07193-0)
Guy Johnson, Director of Public Works
CITY OF NEW HOPE
4401 Xylon Avenue North · New Hope, Minnesota 55428-4898 · www.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
Project Manual For
2007 LIFT STATION
CONTROL PANEL REPLACEMENT
CITY PROJECT NO 0 813
ewHope., Minnesota
FileNo. 000034-07193-0
February 2007
JL]A.... Bonestroo
... ..Rosene
Anderlik &
Associates
Engineers & Architects
.. Bonestroo
tnrrm2f;r~. Piann::,n
ADDENDUM NO.1
For
2007 LIFT STATION CONTROL PANEL REPLACEMENT
CITY PROJECT NO. 813
fILE NO. 000034-07193-0
NEW HOPE, MINNESOTA
March 8/ 2007
Number of Pages :2 (includes this sheet)
To:
All Planholders of Record
From:
Bonestroo, Rosene, Anderlik & 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
000034.07193.0
A1-l
ADDENDUM NO. I
SECTION 16903 - SUBMERSIBLE LIFT STATION CONTROL PANELS
1. Page 16903-7r Paragraphs 1.06.A. 2r 3r and 4: Add the following:
Manhole flow rater flow velocityr and level wi.l! be future inputs. Provide all PLC/
HMI programmingr PLC inputsr terminal stripsr and internal panel wiring to
accommodate these inputs. During commissioning provide inpl.ltsignal simulator
to test these inputs and programming.
2. Page 16903-22r Paragraph 3.05.8.1. Replace this paragraph with the following:
New underground service lateral and pole risers to the existing secondary drop
poles shall be provided at 59th and Wisconsin and Highway 169 lift stations.
Reuse existing conduit and provide new wire at Highway 169. Provide all new
conduit and wire at 59th and Wisconsin.
SECTION 16904 - TELEMETRY AND SCADA MODIFICATIONS
1. Page 16904-4r Paragraph 2.01.C.2r 3r and 4: Add the following:
Manhole flow rater flow velocityr and level will be future inputs. Provide all PLC /
HMI programmingr PLC inputsr terminal strips and internal panel wiring to
accommodate these inputs. During commissioning provide input signal simulator
to test these inputs and programming.
DRAWINGlE602
1. Highway 169 Lift Station (Detail 8): Reuse existing service conduitr provide new
wires as shown.
2. Terra Linda Park Shelter Electrical Room Plan (Detail C): Delete conduit and wire
(3/4"C-2#10r 1#10GNDr and 1-1/4"C-3-2/C#16 SHLD) for flow monitor wiring.
Flow monitor will be a future device. Provide all programming for this future flow
monitor as described above in this addendum.
LIST OF ATTACHMENTS
1. None.
END OF ADDENDUM
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ADDENDUM 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
u r t laws the tate 0 innesota.
Date: February 5,2007
Reg. No. 24001
END OF DOCUMENT
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DOCUMENT 00010
TABLE OF CONTENTS
2007 LIFT STATION
CONTROL PANEL REPLACEMENT
CITY PROJECT NO. 813
FILE NO. 000034-07193-0
NEW HOPE, MINNESOTA
2007
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. Project 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
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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 10:00 A.M., C.D.S.T., on Wednesday, March 14, 2007, 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:
2007 Lift Station Control Panel Replacement. City Proiect No. 813
In general, work consists of:
New outdoor control panel, telemetry equipment and SCADA master modifications /
programming for one lift station and one Park Shelter telemetry unit (Base Bid) and new
outdoor control panel, telemetry equipment and SCADA master modifications /
programming for a second lift station (Alternate No.1).
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 $40.00. Bidding
Documents may be seen at the New Hope City Clerk's office and at the Issuing Office. Bidding
Documents can also be purchased with a credit card over the internet web site at
www.bonestroo.com.
Direct inquiries to Engineer's Project Manager, Chuck Oehrlein at (651) 604-4793.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to
exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for
a period of 60 days after the date and time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities
therein, and further reserves the right to award the Contract to the best interests of the Owner.
Daniel Donahue, City Manager
City of New Hope, Minnesota
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ADVERTISEMENT FORBIDS
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.
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C. Refer to Specification Section 16903 - Submersible Lift Station Control Panels,
Article 1.04 - General Requirements for further detail.
ARTICLE 4-EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND
SITE
4.01 Subswface and Physical Conditions
A. 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 Bidding
Documents.
2. Those Drawings of physical conditions in or relating to existing surface and
subsurface structures at or contiguous to the 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 Site is based upon information
and data furnished to Owner and Engineer by owners of such Underground Facilities,
including Owner or others.
4.03 Hazardous Environmental Condition
A. The Supplementary Conditions identifY those reports and drawings relating to a
Hazardous Environmental Condition identified at the Site, if any, that Engineer has
used in preparing the Bidding Documents.
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B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available
by Owner to any Bidder on request. Those reports and drawings are not part of the
Contract Documents, but the "technical data" contained therein upon which Bidder is
entitled to rely as provided in Paragraph 4.06 of the General Conditions has been
identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder
is responsible for any interpretation or conclusion Bidder draws from any "technical
data" or any other data, interpretations, opinions, or information contained in such
reports or shown or indicated in such Drawings.
4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders
with respect to subsurface conditions, other physical conditions and Underground Facilities,
and possible changes in the Bidding Documents due to differing or unanticipated conditions
appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning
responsibilities for the adequacy of data furnished to prospective Bidders with respect to a
Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract
Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site
which was not shown or indicated in the Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the
General Conditions.
4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations,
investigations, explorations, tests, and studies as Bidder deems necessary for submission of a
Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon
completion of such explorations, investigations, tests, and studies.
4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the
general nature of other Work that is to be performed at the Site by Owner or others (such as
utilities and other prime 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 Site and become familiar with and satisfy Bidder as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work;
C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and
Regulations that may affect cost, progress, or performance of the Work;
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D. carefully study all reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all Drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in 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 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 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 of the Work at the price bid and within the times and in accordance with
the other terms and conditions of the Bidding Documents;
G. become aware of the general nature of the work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Bidding Documents;
H. correlate the information known to Bidder, information and observations obtained from
visits to the Site, reports and drawings identified in the Bidding Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the
Bidding Documents;
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.
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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 - SITE AND OTHER AREAS
5.01 The 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 AND 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.
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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 of that 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 AND "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 of the 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.
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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 of the 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.
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12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and
accompanied by evidence of authority to sign. The state of formation of the firm and the
official address of the firm must be shown below the signature.
12.06 A Bid by an individual shall show the Bidder's name and official address.
12.07 A Bid by a j oint venture shall be executed by each joint 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 acknowledgment 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 of the
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 ofW ork 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 t.he
evaluation of Bids, Owner may select any combination of Alternates, or the Owner may
choose not to accept any Alternate Bids.
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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 ofW ork 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 Project title (and, if applicable, the designated portion of the Project for which the Bid
is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security
and other required documents. If a Bid is sent by mail or other delivery system, the sealed
envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the
outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's
office.
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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 of the amounts of the 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 ACCEPTANCE
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 reject the Bid of any Bidder if Owner believes that it would not be in the best
interest of the Project to make an award to that Bidder. Owner also reserves the right to waive
all informalities not involving price, time, or changes in the Work and to negotiate Contract
terms with the Successful Bidder.
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.
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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 Wark 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 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in
the best interests of the Project.
ARTICLE 19 - CONTRACT SECURITY AND INSURANCE
19.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets
forth Owner's requirements as to performance and payment Bonds and insurance. When the
successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such
Bonds.
ARTICLE 20 - SIGNING OF AGREEMENT
20.01 When 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. Within 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
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J ~ J Bonestroo
If:! Rosene
'till Anderlik &
1 ~ 1 Associates
Engineers & Architects
BIDDER:a~.J ~t~ c:r J~v<SL
DOCUMENT 00410
BID FORM
2007 LIFT STATION
CONTROL PANEL REPLACEMENT
CITY PROJECT NO. 813
FILE NO. 000034-07193-0
NEW HOPE, MIN1\TESOT A
2007
810 COpy
THIS BID IS SUB:MITTED TO:
City of New Hope, Minnesota
City Hall
4401 Xylon Avenue North
New Hope, MN 55428
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement \'lith Owner 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 tenus 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 without
limitation those dealing \'lith the disposition of Bid Security. The Bid ""till remain subject to acceptance for 60 days after the Bid
Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.
3.01 In submitting this Bid, Bidder represents, 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.
Addendum Date
It/o. /
/t-1A-RCH if dQJO 7
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and 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.
000034071930BIDFORM
00410-1
BID FORM
D.
E.
F.
G.
H.
1.
J.
Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site (except 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 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 \vith 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 Site that relates to
the work as indicated in the Bidding Documents.
Bidder has correlated the information known to Bidder, information and observations obtained from visits to
the Site, reports and drawings identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data 'with the Bidding Documents.
Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder
has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to
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 ",tithout 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 ",till not be kno\\tingly 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.
000034071930BIDFORM
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 11.03.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, determined as provided in the Contract Documents.
No.
Item
Units
Qty
Total Price
BASE BID:
UTMP SUM 59TH AND WISCONSIN'
LIFT STATION CONTROL PANEL AND
TERRA LINDA TELEMETRY UNIT
LS
3 b d9/
$ ~ / goo /foO
2
ALTERNATE NO.1:
LUMP SUM HIGHWAY 169 LIFT
ST A nON CONTROL PANEL
LS
$J.3,d{O~
,
000034071930BlDFORM
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
$
Item
Manufacturer
Add or Deduct
$
Item
Manufacturer
Add or Deduct
$
000034071930BIDFORM
00410-4
810 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 offailure 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 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.
SUBMITTED on ~veJ.e.;
iL(
,2007
If Bidder Is:
An Individual
Name (typed or printed):
By:
(SEAL)
(Individual's signature)
Doing business as:
Business address:
Phone No.:
Fax No.:
0OO034071930BIDFORM
00410-5
BID FORM
A Partnership
A Corporation
000034071930BIDFORM
Partnership Name:
(SEAL)
By:
(Signature of general partner)
Name (typed or printed):
Business address:
Phone No.:
Fax No.:
Corporation Name:U;-~ ~ 'f /1cc~ (SEAL)
State of Incorporation:
/]'1 / IV Jl/ I
Type (General Business, Professional, Service, Limited Liability)~~ ~~oa..
By:
(ll
~
(Signature)
Title:
If ,( /{ l 13 /Iv.
,
P~4
fun..g, .l-t.Jl(S
(Signature of Corporate Secretary)
(CORPORATE SEAL)
Name (typed or printed):
(/~A Y-- ,
Attest
Business address:
'0
1'-/00
~~ Ref, 96
5"'5'351
Fax No.: 7&3 -L/7 q - 37t:.j.j
fJ~
~
,
Phone No.: 7{P 3 - 479 - 374'1
MIV,
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
000034071930BIDFORM
00410-7
810 FORM
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A3 70
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, Minnesota
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
2007 Lift Station Control Panel Replacement
City Project No. 813
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 bet\veen the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this
14th
day of
March
2.007
Electrical Installation & Mainte:1ance Co.. Inc.
/'
\" / Ii
'~vrJ
fJl
rSea/J
(Witness)
(Mutual)
(Spat)
(Witness)
(Title)
Attome-'-In-Fact
AlA DOCUMENT A310.BID BONDoAIA@.FEBRUARY 1970 ED..THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON D.C 20006
CORPORATE ACKNOWLEDGMENT
ST ATE OF \'\1\ rV
COUNTY OF W("\('-1~ \-
CJ
On the 14th day of March 2007 , before me personally
appeared, Dc...,v \ ~ {)'l ,~I (',f)' to me, who being duly sworn, did depose and
say: that s/he resides in vV\ to that s/he is the ~ t~s lde..I'\ +
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.
;:.' (St',Ab9'''''''''~7''''T5>_~~~~"",",-,
~ .~. .. -. ....~<""""'....~V.~IA
J, s~~~.~~_. . __ ".,:iGT~,~' ~'I:j~;~~I~~;~~~A .
, '.1- C~trnm'C::li"''' c"'....:......... ,- 31 2
~;-::-~~:;;~~tt~~-~_~ _-. _~..!~:.,:" ...........,.'C;) "!~n. I 010
- -:'~-;~~<<>-""""'}te~Vn.,EDGMENT OF CORPORATE SURETY
~u._v&- ~V\ K~5CC-Ld.e..,-v
.' ary Publle
STATE OF MINNRSOTA
COUNTY OF RAMSEY
On the 14th day of March 2007 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 and deed of said corporation.
(SEAL)
/"\ I-I {
}, t I"":: j ~-"..-'-
U liU(... Lo\-\...
C,..~
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 ($5,000,000.00) 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 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-Attomey 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 Seai of the
Company 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.
.. \~G' C.o..
.. ~<v..,.... "~/)...
..~~.,~ \\PO ~-1"-?~..
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· c.,:~ rf".
: ~:_ -0- c:_o
:<<1:'.. 1933 :~:
.-:}-';'. .:;:y:
. "'<Y.' '.l,V.
'. '.:YiV........0.......
00. 12 000
00...0
STATE OF IOWA
COUNTY OF POLK ss.
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,
~~ CINDY SMYTH
~ 'Commission Number 173504
o My Commission Expires
w> March 16, 2009
STATE OF IOWA
COUNTY OF POLK ss.
(1~~
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 14th day of March 2007
POA 0001 (1/06)
00.....
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.. ~<v,.,.... "~/) o.
..~~.,~ \\PO~~,,-?~.o
o r_ ' <:.> ? ..... " ..L 0
o -< ~ rf' . 0
:~:- -0- 0:--
'<<1:". 1933 ;'==:
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.'~' .~.
. <>-=. .~~.
'. '.:Yi,,>......l-:\ o.
o 'Y ~'r '.
.....~....
v~~~~.
Secretary
DOCUMENT 00520
AGREEMENT FORM
THIS AGREEMENT is by and between the City of New Hope. Minnesota. (hereinafter called Owner) and
Electrical Installation & Maintenance Co.. Inc.. (hereinafter called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.0l Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as 2007 Lift Station Control Panel Replacement for the City of New Hope, Minnesota, City
Project No. 813.
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 rights and authority assigned to
Engineer in the Contract Documents in connection with the completion of the Work in accordance with the
Contract Documents.
ARTICLE 3 - CONTRACT TIMES
3.0l Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
Final Payment as stated in the Contract Documents are of the essence of the Contract.
3.02 Datesfor Substantial Completion and Final Payment
A. The Terra Linda Telemetry Unit and related SCADA master / modifications / programming will be
Substantially Completed on or before July 12.2007 and completed and ready for Final Payment in accordance
with Paragraph l4.07 of the General Conditions on or before July 26.2007.
B. The Lift Station Control Panel(s) and related SCADA master / modifications / programming will be
Substantially Completed on or before October 11. 2007 and completed and ready for Final Payment in
accordance with Paragraph 14.07 of the General Conditions on or before October 25. 2007.
000034-07193-0
IQ 2007 Bonestroo. Rosene.
Anderlik & Associates. Inc.
00520-1
AGREEMENT FORM
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 Sixty Thousand Fifty Dollars and No Cents ($60,050.00) for the Total Base
Bid and Alternate No. l.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article l4 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.Al 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:
l. 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 l4.02
of the 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).
000034-07193-0
~ 2007 Bonestroo. Rosene.
Anderlik & Associates, Inc.
00520-2
AGREEMENT FORM
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 l4.02.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 Pinal 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 l4 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
7.0l In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the 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 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 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.
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.
000034-07193-0
%> 2007 Bonestroo. Rosene.
Anderlik & Associates, Inc.
00520-3
AGREEMENT FORM
G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that
relates to the Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and observations obtained
from visits to the 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 terms and
conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
l. This Agreement.
2. Performance Bond, Payment Bond, and other Bonds.
3. General Conditions.
4. Supplementary Conditions.
5. Specifications.
6. Drawings Bearing the Following General Title: 2007 Lift Station Control Panel Replacement, City
Project No. 813.
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.
000034-07193-0
~ 2007 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 - MISCELLANEOUS
9.0l Terms 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 part thereof with a valid and enforceable provision that comes as close as possible to expressing
the intention of the stricken provision.
000034-07193-0
~ 2007 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
the Agreement).
April 2nd
, 2007 (which is the Effective Date of
Owner:
Contractor:
City of New Hope. Minnesota r
'-,' l,' JY II
BY:/CUC/fU'(~;4L/cY~
~ [ SEAL.]
Attest litl.lrl -1 it i ~j-/LZ..-
[CORPORATE SEAL]
r-LJ,~, Ki J
Attest (/1 CIlUA-lL. f~'1 lOCaC:w;Y"
Address for giving notices:
ijlfO/ ~ [//0\1 A Of Iv!
I
/Lfr (D rlolJf. )))11 "5 5 Vd:?
I '
Address for giving notices:
C ? U
i Lt 80 '0\1,\1-14 It )'
\WL,olt I) tai n rn n
\
90
b<;~~ Cj
License No. cr.:tOoS:{i q
(Where applicable)
,
Agent for service of process: A- \ \CJ..,;Lll'\
(If Contractor is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative:
Designated Representative:
Address:
])tU); el,J )J())1?<.!it-[ t
/ ~
(I//f /J! tllltljlr
f-! 4 ()/ k Li IrJ71 /(1/( /U
I
Ilh(.,;() r/c!;Jfj /}lil 6SY J.f!
I '
63 f 5/0r)
Name:
Cl9... ilfLl (\
V ~ct P(Vk Lt f'L:~
Name:
Title:
Title:
Phone:
/h3
7~/) 531
513&
Address: ) 4 gO C.b..LrttA/l (2-0aol Cj'D
\
\V\d /{)IJ! P lQ;l ~J n\ It SS 3 5"Cj
I
Phone: 'llt;~- 41 q - ~"7 Lj 4
Facsimile: 'l ~~ - 4- 11 - 37 L/ ':5
Facsimile:
000034-07193-0
(Q 2007 Bonestroo. Rosene.
Anderlik & Associates. Inc,
END OF DOCUMENT
00520-6
AGREEMENT FORM
DOCUMENT 00610
Bond # MNC 48600
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
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 Street
Des Moines, Iowa 50321
CONTRACT
Date: April 2nd, 2007
Amount: Sixty Thousand Fifty and no/100 Dollars ($60,050.00)
Description (Name and Location): 2007 Lift Station Control Panel Replacement
New Hope, MN
BOND
Bond Number: MNC 48600
Date (Not earlier than Contract Date): April 2nd, 2007
Amount: Sixty Thousand Fifty and no/100 Dollars ($60,050.00)
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each
cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
(Space is provided below for signatures of additional parties,
if required.)
SURETY /)
(Seal) Merchants Bql'rapig Compap'y(M;~ (Seal)
suret~~ and?rptate Seal / '" /
By: J?; if ~~
'Si,gnatIH, eon d T,i,t, Ie" : t.V . J~', Atte:, '\ffiCY" -in-faC, t
(~ttac~Power ,0" f Att\) ey) ! \' I ") i
Attest:~Vf~lJ'v0 uU vV J 'l! "--"
Signature and Title
CONTRACTOR AS PRINCIPAL
Company: Eleetrieallnstallatioy & Mail\.lenanee Co.. Ine,
rtj1-
Signature: I / I ~ t/t
Name 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
I. 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 been paid within the above 30 days, have sent
a writlen 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
O\\<1ler 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 REPRESENT A TIVE:
Bonestroo, Rosene, Anderlik & Associates
2335 West Highway 36
St. Paul, MN 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 perfonnance 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 Claimant 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 (I) 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 Consuuction Contract, whichever of (I) or (2) first
occurs. 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.
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 conforming to such statutory
requirement shall be deemed incorporated herein. The intent is that this
Bond shall be consUUed 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 fumish a copy of this
Bond or shall permit a copy to be made.
15. Definitions
15.1 Claimant: An 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 pan 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.C. Field & Company
Address: 530 North Robert Street
St. Paul, MN 55101
Phone: 651-227-8405
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.
00615-2
DOCUMENT 00615
Bond # MNC 48600
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 Street
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: April 2nd, 2007
Amount: Sixty Thousand Fifty and no/100 Dollars ($60,050.00)
Description (Name and Location): 2007 L.ft St t' C tr 1 P I R I t
1 a IOn on 0 ane ep acemen
New Hope, MN
BOND
Bond Number: MNC 48600
Date (Not earlier than Contract Date): April 2nd, 2007
Amount: Sixty Thousand Fifty and no/lOO Dollars ($60,050.00)
Modifications to this Bond Form:
None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each
cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY /1/
Company: Electrical Installation & Maintenance Co., Inc. (Seal) Merchants ;ionyifug COIDP~utual)
;11/1... I 4 Ii. suretY'~~e r 96rpor~e Seal
Signature: iff/pC{: l~ By: 7J; ,{/. // /}eb
Name and Title: ] Signature and 1" le:.1 .A. Jones, Attop1ey-in-fact
(Attach fow.er oftttorneY)L.. r () J,
Attest: ~Vli~U'-.../ lJ~ \v
Signature and Title
(Seal)
(Space is provided below for signatures of additional parties,
if required.)
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
Conrtruction 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. I; and
3.3 Owner has agreed to pay the Balance of the Contract Price to:
I. Surety in accordance with the tenns of the Contract;
2. Another contractor selected pursuant to Paragraph 4.3 to
perform the Contract.
4. Waen 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 pan and notify O\\ner 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 written 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 further
notice Ovmer shall be entitled to enforce any remedy available to Owner.
OWNER'S REPRESENTATIVE:
Bonestroo, Rosene, Anderlik & Associates
2335 West Highway 36
Roseville, IvIN 55113
6. After Owner has terminated Contractor's right to complete the
Contract, and if Surety elects to act under Paragraph 4. I, 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 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 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 of America and the
CODStruction SpeclficatiOll!llll!ltitute.
00610-2
CORPORATE ACKNOWLEDGMENT
STATE OF mrJ
COUNTY OF L0n\J~+-
~
On the 2nd day of April 2007 . before me personally
appeared ,VV\.c,- \' ~J 0' c: C \\~\O r to me, who bei~g duly ~worn, dA~ depose and
say: that s/he resIdes In t";'\ N that s/he IS the V I t:.e t'i e,5 j d..eJ~ 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.
LOUISE M. KISCADEN
NOTARY PUBliC. MINNESOTA
~~ 'VI KI5c-o.J~
1 'otary Public
fA.,: Commission Expires Jan. 31,
ACKNOWLEDGMENT OF CORPORATE SURETY
STATE OF MINNESOTA
COUNTY OF Ramsey
On the 2nd day of April 2007 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)
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 Attomey-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 ($5,000,000.00) 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 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
Company 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,
..........
..' \~G Co ".
. ~~.........~;O'.
..~~..~ \\p 0 I(.?.-?~..
: c.:>: ~ ......... '" ·
....:=:: -0- ~.._:
'Z' ......;::
:d,... 1933 .:c::::
'~" :':'1:
o ~. .:,.~o
'0 ::;>i{,....... '0.~oo
-00 {:I ..
.......
STATE Of IOWA
COUNTY OF POLK ss.
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
~ 1:. Commission Number 173504
'0 .' My Commission Expires
w March 16, 2009
STATE Of IOWA
COUNTY Of POLK ss,
&~~
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 2nd day of
POA 0001 (1/06)
.......
"\~G CO'.
.' ~~"""'" ~;O".
..~..~\\POI(.?.-?~ '.
. . ~ ....... '. '" .
. c.:>:<:- (t'..
:~:- -0- c:-.o
. d,... 1933 :.;:::
...... .c:::.
. '-;:;". : ':'I.
'. ~'" ...~~..
'. ::;>Jtt....... '''''.'
'. -{:{ .
.......
April
2007
v~~~~~.
Secretary
DOCUTvIENT 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 AND TERMINOLOGY
SC-1.02
Add the following new paragraph immediately after Paragraph 1.02.F:
G. The Specifications are written in imperative mood and streamlined form. This
imperative language is directed to the Contractor, unless specifically noted otherwise. The words
"shall be" are included by inference where a colon (:) is used within sentences or phrases.
ARTICLE 2 - PRELIMINARY MATTERS
SC 2.02.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 LANDS: SUBSURFACE AND 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
Site are known to the Owner or Engineer.
ARTICLE 5 - BONDS AND INSURANCE
SC-5.01
Add the following new paragraph immediately after Paragraph 5.01.C:
D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC
Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner.
000034-07193-0
@ 2007 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
rnsurance.
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 ofliability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater where
required by Laws and Regulations:
1. Worker's Compensation Insurance
Coverage A - Statutory
Coverage B - $500,000
$500,000
$500,000
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
$1,000,000
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.
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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 Site. The insurance policy shall comply with the provisions of Paragraph 5.06.Al
through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and
the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others
suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply
with the exception that Contractor shall act as fiduciary for the insureds as their interest may
appear and adjust the loss with the insurance company.
SC-5.06.A
Add the following new item immediately after Item 5.06.A7:
8. The Builder's Risk Insurance required herein shall apply to projects involving
construction of structures and buildings only. The requirements of this Section shall be waived
on projects involving only underground utilities, grading, street improvements, and similar
construction work but any damage or loss to property shall be at the sole responsibility of
Contractor until final acceptance of the Work.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
SC-6.06
Add the following new paragraph immediately after Paragraph 6.06.G:
H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay
subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of
payment for undisputed services provided by the subcontractor, supplier, or other entity.
Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the
subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor,
supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the
actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or
other entity who prevails in a civil action to collect interest penalties from a Contractor must be
awarded its costs and disbursements, including attorney's fees included in bringing the action.
SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the
Supplementary Conditions" with the words "Division 1 - General Requirements."
SC-6.19.A
Delete the words "representation of' in the second sentence.
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SUPPLEMENTARY CONDITIONS
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
SC-10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days"
with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the
words "60 days" with the words "30 days."
ARTICLE 13 - TESTS AND JNSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one
year" and inserting the word "two years."
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.02.B5 Add the following new item immediately after Item 14.02.B5d:
e. Contractor's failure to make acceptable submittals in accordance with the
accepted schedules.
ARTICLE 16 - DISPUTE RESOLUTION
SC-16.01
Delete Paragraph 16.01.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
10.05.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 writing 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 which 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 $100,000, 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.
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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:
1. 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 common 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 writing 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.
END OF DOCUMENT
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SUPPLEMENTARY CONDITIONS
SECTION 01100
SUMMARY
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Basic description of the Project and Work restrictions.
B. Payment Procedures.
1.02 SUMMARY OF WORK
A. Project Name: City of New Hope, Minnesota
2007 Lift Station Control Panel Replacement
City Project No. 813
B. Description of Work:
1. Base Bid: Replace the existing lift station control panel at the 59th and
Wisconsin Lift Station, the existing telemetry unit at Terra Linda Park
Shelter, and related SCADA master modifications / programming.
2. Alternate No.1: Replace the existing lift station control panel at the
Highway 169 Lift Station and related SCADA master modifications /
programmmg.
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.
1.05 LIQUIDATED DAMAGES
A. Provisions for liquidated damages shall be as set forth ill Article 3 of the
Agreement Form.
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SUMMARY
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 A.M. to 5 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 form 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.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
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SUMMARY
SECTION 01310
PROJECT MANAGEMENT AND COORDINATION
PART 1- 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 PERMITS
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 Project meetings shall have all required authority to commit
the Contractor to solutions agreed upon in the Project meetings.
2. Engineer will set the time 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.
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PROJECT MANAGEMENT AND
COORDINATION
C. Progress Meeting Procedures:
1. Engineer will schedule construction progress meetings throughout the
duration of the Project to assess the progress of the Work, identify and
discuss Project related issues, and discuss near-term construction activities.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
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PROJECT MANAGEMENT AND
COORDINATION
SECTION 01330
SUBNITTTALPROCEDURES
PART 1- GENERAL
1.01 SECTION INCLUDES
A. General procedures and requirements for submittals during the course of
construction.
1.02 SEQUENCING AND 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 Site is started submit a typed list on 8-1/2 inch by 11 inch
paper outlining 24 hour on-call contacts for the Project. This list shall include the
Contractor's safety representative, key representatives from the Contractor,
subcontractors, and suppliers. Include the following information for each contact:
1. Company name.
2. Contact person(s).
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SUBMmAL PROCEDURES
3. Local and mobile phone numbers.
4. Fax number.
3.04 COST BREAKDOWN OF CONTRACT AMOUNT
A. Submit cost breakdown consistent with the General Conditions (Article 2.05).
3.05 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION
A. Conform to the requirements of Paragraph 6.17 ofthe General Conditions, except as
modified herein.
B. The minimum sheet size shall be 8-1/2 inch by 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 of revisions from previous submittals.
6. A 4 inch by 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.
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SUBMmAL 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 Project 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 W ark, conform to the information given
in the Contract Documents and will not be compatible with the design
concept ofthe 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 AND MAINTENANCE MANUALS
A. Conform to the requirements of Section 01785.
END OF SECTION
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SUBNITTTALPROCEDURES
SECTION 01600
PRODUCTREQUffiEMENTS
PART 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 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 AND "OR-EQUAL" PROCEDURES
A. Procedures during Bidding:
1. Conform to the requirements of the Instructions to Bidders.
B. Procedures during Construction:
1. Scheduling of Submittals: Conform to the Contractor's Schedule of
Submittals.
2. Submittal Procedures: Conform to the requirements of Section 01330.
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.
b. Installation lists.
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PRODUCT REQUIREMENTS
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.
PART 2 - PRODUCTS
Not Used
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PRODUCT REQUIREMENTS
PART 3 - EXECUTION
3.01 DELNERY
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 ofthe Contractor.
3.02 STORAGE AND HANDLING
A. Protect from damage all materials and equipment to be used in the completed
facility.
B. Provide temporary Site security fencing around storage areas and as indicated on
the Drawings.
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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 Site containment.
END OF SECTION
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PRODUCT REQUIREMENTS
SECTION 01700
EXECUTION REQUIREMENTS
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Requirements for overall execution of the Work and closeout of the Contract for
Final Payment.
1.02 SUBMITTALS
A. Submit the following items consistent with the Conditions of the Contract and
Division 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,
Warranties, 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 EXAMINATION
A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance
of the adj acent work as satisfactory to receive subsequent Work.
B. Inspect each product immediately prior to installation. Remove damaged products
from Site.
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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.
3.03 EQUIPMENT VARIATIONS
A. Contractors are advised that because of manufacturer's variation,s 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.
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EXECUTION REQUIREMENTS
3.04 CLEANING AND 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.
END OF SECTION
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EXECUTION REQUIREMENTS
SECTION 01785
OPERATION AND 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 AND MAINENANCE MANUALS
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.
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OPERA nON 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 AND 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
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OPERATION AND MAINTENANCE MANUALS
SECTION 16903
SUBMERSIBLE LIFT STATION CONTROL PANELS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Basic Electrical Materials.
B. Lift Station Control Panels.
C. Terra Linda Park Telemetry Unit.
D. Float Switches.
E. Submersible Transducers.
F. Meter Sockets
G. Spare Parts.
H. Demolition and Temporary Wiring.
1. Installation.
J. 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. ANSI - 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).
16903-1
SUBMERSffiLE LIFT STATION
CONTROL PANELS
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2. 250 - Enclosures for Electrical Equipment (1000 volts maximum).
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. NFPA70 - National Electrical Code.
F. OSHA - Occupational Safety and Health Administration.
G. UL - Underwriters Laboratories, Inc.:
1. UL-83 - Thermoplastic - Insulated Wires and Cables.
2. UL-360 - Liquid-Tight Flexible Steel Conduit.
3. UL-651 - Schedule 40 and 80 PVC Conduit.
4. UL-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 (NFPA70) 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.
2. The control panel manufacturer shall be located within a 100 mile radius of
the City of New Hope, Minnesota.
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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 Site. All field modifications
shall be in conformance with the pertinent UL requirement. When 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, Rs View HMI Software, SCADALARM dialing software, and
Dataradio radio telemetry of equal or greater size to this Project for five
years.
7. The control panel manufacturer shall carry a minimum of $1,000,000 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.
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 pro grarnmers, 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.
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1.05 LIFT STATION CONTROL PANELS SYSTEM DESCRIPTION (Applies to 59th and
Wisconsin and Highway 169 Lift Stations unless noted otherwise)
A. Two lift station control panels (St. Raphael's and Southview) were replaced in 2002,
three lift station control panels (60th and Quebec, Boondocks, and 40-1/2 and Jordan)
were replaced in 2004, and 3 lift station control panels (49th and Flag, Bass Creek
Circle, and 55th and Quebec) were replaced in 2006 / 2007:
1. The intent of this Project is for all new lift station control panels to be
constructed, wired, programmed, and functions exactly like these stations.
Minor exceptions may be required based on variations in lift stations:
a. 59th and Wisconsin Lift Station control panel and all related SCADA
modifications shall be included in the Base Bid.
b. Highway 169 Lift Station control panel and all related SCADA
modifications shall be Bid as Alternate No.1.
2. Where one manufacturer of a specified component is named, the intent is to
match the component(s) in the 2002,2004, and 2006 / 2007 panels.
3. The PLC and operator interface at St. Raphael's Lift Station, and the master
telemetry PLC, RsView, Excel and SCADALARM programming at the
Public Works Building shall be downloaded by the Contractor and used (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 two 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 SCADA 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 thePLC shall delay the starting of the lag pump.
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E. Backup control shall be provided by one 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. 59th and Wisconsin: 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.
2. Highway 169: Provide relays to interface with the existing motor
overtemperature sensor in each pump. 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 seal fail:
1. 59th and Wisconsin: Provide programming, PLC I/O, and panel space to
accommodate future seal fail sensors for each pump. Future seal fail alarms
shall initiate a pump fail alarm and stop the pump upon detection of moisture
in the pump.
2. Highway 169: Provide relays to interface with the existing motor seal fail
sensor in each pump. Seal fail alarms shall initiate an alarm 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.
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I. The "Hand" position of each H-Q-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-Q-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.
K. Security: This point shall come from a limit switch on the door ofthe 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 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 communication between
the lift station and the New Hope Public Works Building.
2. Refer to Specification Section 16904 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 of the UPS to indicate normal power failure.
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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.
1.06 TERRA LINDA PARK. TELEMETRY UNIT.
A. This telemetry unit shall monitor the following:
1. Manhole high level alarm (existing float).
2. Manhole flow rate (from Isco accQrnin flo monitor which will be installed as
part of a separate Contract).
3. Manhole flow velocity (from Isco accQrnin flo monitor which will be
installed as part of a separate Contract).
4. Manhole level (from Isco accQmin flo monitor which will be installed as part
of a separate Contract).
5. Power fail. (0 - 300 second delay in PLC).
6. UPS fail.
7. Future Rain gage (accumulate each contact closure).
B. Telemetry:
1. The PLC specified herein shall be used in conjunction with the radio to
provide communication between the lift station and the New Hope Public
Works Building.
2. Refer to Specification Section 16904 for further detail.
1.07 SUB:MITT ALS
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.
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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 THWN insulation.
2. Conductor Size #3 A WG and larger shall have THWN or XHHW insulation.
C. Tool-compressed terminals and connectors; Burndy, Ideal, Thomas & Betts, or equal.
2.02 PUIvIP CONTROL PANEL (Applies to 59th and Wisconsin and Highway 169 Lift Stations,
unless noted otherwise)
A. Enclosure Construction:
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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.
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.
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10. A 12 inch by 12 inch by 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 m desired position; Hoffman
A-DSTOPK, or equal.
B. Service Entrance:
1. Electrical service will be:
a. Highway 169 shall be 120/240 volt, 3 phase, 4 wire, 60 Hz, with a
phase-to-ground and phase-to-phase fault current capability of 1 0,000
amperes RMS symmetrical. Amperage shall be as noted below.
b. 59th and Wisconsin 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 RMS symmetrical. Amperage shall be
as noted below.
2. Provide an external meter socket approved by the power company.
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 59th and Wisconsin.
2)
100 amp, 3 pole for Highway 169.
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b. Standby generator breaker:
1) 100 amp, 2 pole for 59th and Wisconsin.
2) 100 amp, 3 pole for Highway 169.
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 100 amp, 3 wire, 4 pole, style 2, reverse service;
Killark Versamate Model VR1042-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 power surge protection, EDCO-HSP121BT-1RD.
C. Single Phase Circuit Breakers:
1. 20A, single pole, thermal-magnetic circuit breakers with 10,000 RMS
amperes symmetrical interrupting capacity; General Electric THQC.
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.
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D. Starters:
1. Each pump shall have a General Electric CR306, NEMA 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. 59th and Wisconsin Lift Station Pumps are Hydromatic, 2HP, 1 phase.
b. Highway 169 Lift Station Pumps are Hydromatic, 2HP, 3 phase.
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 (59th and Wisconsin only): Owner will supply new
start and run capacitor kits for installation by the Contractor in the new
control panels.
E. Programmable Logic Controller (pLC):
1. 1764-24A W A base unit.
2. Micrologix 1500 (1764-LRP) CPU.
3. 1764-l\1M1 back up memory module.
4. 1769-IF4 analog input module.
5. 1769-IA16 discrete input module.
6. 1769-0W81 ACmC relay output modules (2).
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7. 1769-ECR right end cap.
8. All required cables, connectors and related devices for complete
functionality.
9. Panel space for a minimum of 2 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 well 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
HWL/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.
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.
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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 inch foam transmission line; attenuation of3.47dB per 100 feet at
960 MHZ; flat plane crush strength of 110lb/in.; tensile strength of
250 Ibs.
b. Andrew LDF2-50, or equal.
c. "Super-flex" transmission cable for connection to each radio.
d. "N" type connectors.
e. Surge arrestors; Po1yphaser IS-50LN-C2.
f. Cable hangars and ground kits as required for each Site.
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).
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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. 30.5 mm, heavy-duty oil tight.
2. Sunlight visible, 28 chip high visibility cluster LED.
3. Full voltage, 120 Vac.
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.
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M. Relays:
1. 120V AC; IDEC 3PDT, RR3B-UL ACI20V.
2. 12VDC; IDEC 3PDT, RR3B-UL DCI2V.
3. Time delay (.1 second to 10 minute); RTE-BII-ACI20V.
N. Phase Monitor (Highway 169 only): Time Mark Model 2644. Feed from Gould-
Shawmut, 1 amp, Class CC, time delay fuses with Gould Shawmut "Ultrasafe" fuse
holders.
O. 120 Vac intrinsic safety barriers for wet well float switches, upstream manhole float
switches and transducer.
P. Seal fail relays (Highway 169 lift station only): Crouzet / Syrelec Model NNRll OA
to match existing.
Q. External Alann Light:
1. Flashing beacon (alann) light.
2. NEMA 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.
8. Light output of 28 lumens per LED (28 LEDs); effective life of 100,000
hours.
9. Edwards 104FLEDR-N5, or equal.
R. Panel Wiring:
1. Stranded copper conductor.
2. Color-coded 600 volt insulation; blue for intrinsically safe wiring.
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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.
S. 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.
T. Device Location shall duplicate St. Raphael's and Southview Lift Station's Control
Panels.
2.03 TERRA LINDA PARK TELEMETRY UNIT
A. Enclosure shall be NEMA 1 gasketed with continuous hinge.
B. 120 Yac, 15 amp, 1 pole main circuit breaker.
C. Control power surge protection, EDCO-HSP121BT-IRD.
D. 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.
E. Programmable Logic Controller (pLC):
1. 1764-24A W A base unit.
2. Micrologix 1500 (1764-LRP) CPD.
3. 1764-MM1 back up memory module.
4.
1769-IF4 analog input module.
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5. 1769-IA16 discrete input module.
6. 1769-0W81 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 of 2 expansion I/O modules.
F. 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 inch foam transmission line; attenuation of 3.4 7 dB per 100 feet at
960 :MHZ; flat plane crush strength of 110lb/in.; tensile strength of
250 Ibs.
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.
G. Uninterruptible Power Supply (UPS), APC, 650V A, Model BP650S.
H. Power Supplies:
1. 12 volt power supplies shall be IDEC PS5R-C12.
2. 24 volt power supplies shall be IDEC PS5R-D24.
1. Relays:
1. 120V AC; IDEC 3PDT, RR3B-UL AC120V.
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2. 12VDC; IDEC 3PDT, RR3B-UL DCI2V.
3. Time delay (.1 second to 10 minute); RTE-Bll-ACI20V.
J. 120 Vac intrinsic safety barriers for existing manhole float switch.
K.. 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.
L. 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.
2.04 FLOAT SWITCHES
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.
D.
Heavy duty, Type SO #18/2 cable with synthetic rubber or PVC jacket. Cable long
enough to reach control panel without a splice.
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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 attaching floats to the stainless steel
cable.
H. Anchor Scientific Inc. Type S, US Filter Control Systems Model LS, or equal.
2.05 SUBMERSIBLE LEVEL TRANSDUCER
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, hysteresis, and repeatability) of::!: 0.3 percent
offull 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 to the control panel.
J. Transducer shall be KPSI Model 750, US Filter Control Systems, Model 157GSCL
with associated CMX21 transmitter, or equal.
2.06 METER SOCKETS
A. Power company approved meter socket.
2.07 SPARE PARTS
A. One spare relay of each type used.
B.
One spare intrinsic safety barrier of each type used.
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SUBMERSIBLE LIFT STATION
CONTROL PANELS
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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.
E. One spare radio.
PART 3 - EXECUTION
3.01 DEMOLITION AND TEMPORARY WIRING
A. Remove and return the following existing equipment to the City of New Hope Public
Works Building:
1. 59th and Wisconsin Lift Station Control Panel.
2. Highway 169 Lift Station Control Panel.
3. Terra Linda Park Telemetry Unit.
4. Terra Linda Park UPS Panel.
B. Remove and dispose of the following existing equipment (Note, prior to removal the
Owner will indicate if they desire to retain any oftms 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.
4. All abandoned meter sockets.
C. 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.
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SUBMERSIBLE LIFT STATION
CONTROL PANELS
D. Contractor shall temporarily relocate the existing 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.
E. 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 of3/4 inch.
B. All raceways shall be installed in accordance with NECA Standard of Installation and
as specified herein.
C. All conduit shall be schedule 80 PVC, unless noted otherwise.
D. Pull boxes or fittings shall be installed as 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 WIRING 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 who 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.
C.
Conductors shall be without splice from termination to termination.
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SUBMERSIBLE LIFT STATION
CONTROL PANELS
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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 ACCEPTANCE TEST
A. The control panels shall be factory tested at the Pump Control Panel Supplier's
facility in the presence of the 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 PANEL 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 will extend the existing concrete pad at Highway 169 lift station
as required to fit new panel dimensions.
2. The Owner will construct a new concrete pad at 59th and Wisconsin as
required to fit new panel dimensions.
B. Electric Service:
1. New underground service laterals to the existing secondary drop poles and
new pole risers shall be provided up the pole at 59th and Wisconsin and
Highway 169 lift stations
2. Existing telemetry unit's 120 Vac input power circuit shall be relocated to the
new telemetry unit at Terra Linda park.
C. Provide a new grounding electrode (ground rod) at 59th and Wisconsin. Reuse the
existing ground rod at Highway 169. Provide a #6A WG grounding electrode
conductor to connect the grounding electrodes to the ground bus of the new control
panels.
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SUBMERSIBLE LIFT STA nON
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 and transducers shall be installed in existing float conduits. Wiring
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 Drawings.
G. 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 in a format compatible with
downloading via a laptop computers shall be provided.
3.06 START-UP AND OPERATOR TRAINING
A. Contractor shall be present when the new control panel(s) are put into service and
shall certify to the Owner and Engineer that all equipment has been installed correctly
and is operating properly.
B. Contractor shall make all adjustments necessary to obtain proper operation of the 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 GENERATOR 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.
END OF SECTION
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SUBMERSIBLE LIFT STATION
CONTROL PANELS
SECTION 16904
TELEMETRY AND SCADA MODIFICATIONS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. SCADA and Telemetry System(s) Descriptions.
B. SCADA Master Modifications.
C. Startup, Testing, and Commissioning.
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 REQUIREMENTS
A. All work performed under this Contract shall conform to the latest editions of the
National Electrical Code (NFPA70) 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.
1.04 EXISTING WATER SCADA SYSTEM DESCRIPTION
A. The communities of Golden Valley, Crystal, and New 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 Public Works 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 Project.
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1.05 EXISTING LIFT STATION TELEMETRY SYSTEM DESCRIPTION
A. There are presently two telemetry systems that monitor the City of New Hope's lift
stations. Both systems are located at the New Hope Public Works Building:
1. An existing Healy-Ruff DC line telemetry master telemetry unit monitors a
common alarm condition at one existing lift station 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 eight existing
lift stations:
a. This system was installed in 2002 and was expanded in 2004 and
2006 / 2007.
b. This system utilizes the same RsView SCADA computer as the water
SCADA system. RsView has been updated as part ofthe 2006/2007
proj ect.
c. SCADALARM software in the SCADA computer is used as the
systems alarm dialer. SCADALARM has been updated as part of the
2006 / 2007 project.
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.
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TELEMETRY AND
SCADA MODIFICATIONS
PART 2 - PRODUCTS
2.01 SCADA MASTER MODIFICATIONS
A. Provide all required modifications and programming to incorporate the 59th and
Wisconsin Lift Station and Terra Linda Park (Base Bid) and Highway 169 Lift
Station (Alternate No.1) 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. Modifications shall include but not be 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. SCADALARM 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).
5. Pump moisture (2) (future ifnot present at lift station).
6. Pump runtime (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 55th and Quebec).
11. UPS fail.
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TELEMETRY A1"ID
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 volume
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.
C. The following data shall be telemetered between the telemetry master and the Terra
Linda Park telemetry unit:
1. Manhole high level alarm (existing float).
2. Manhole flow rate (from Isco accQmin flo monitor which will be installed as
part of a separate Contract).
3. Manhole flow velocity (from Isco accQrnin flo monitor which will be
installed as part of a separate Contract).
4. Manhole level (from Isco accQrnin flo monitor which will be installed as part
of a separate Contract).
5. Power fail. (0 - 300 second delay in PLC).
6. UPS fail.
7. Future Rain gage (accumulate each contact closure).
8. Radio diagnostics.
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TELEMETRY AND
SCADA MODIFICATIONS
PART 3 - EXECUTION
3.01 START-UP, TESTING AND 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.
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
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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
:\."I;:,R1C\~ C<"L:~C{L Qf E'iGJ!'<i::um..c. CU:.II'-\.sl!'..~
National Society of
J:'!!!!-~~s!~na!_!!,~!.~e~~
ProlliS$iot/a1 &giJ1ael$ in Private Practice
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
~ Knowledge for Creating
~ and Sustaining
the Built Environment
Construction Specifications Institute
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 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-OOl) (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.
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..............................................................................................................6
1.01 Defined T enns . ....... ................................................................................................,................................................. 6
1.02 T enninolo gy ............................................................................................................................................................. 8
ARTICLE 2 - PRELIMINARY 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: INTENT, AMENDING, REUSE....................................................................... 10
3.01 Intent.................................................................................................................................................................... ..10
3.02 Reference Standards..............................................................................................................................................1 0
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
ENVIRONMENT AL CONDITIONS; REFERENCE POINTS ................................................................................................11
4.01 A va ilability of Lands ..............................................................................................................................................11
4.02 Subsuiface and Physical Conditions...................................................... ............................................................... .12
4.03 Differing Subsuiface 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 INSURANCE .............................................................................................................................14
5.01 Peifonnance, 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 Pennits .................................................................................................................................................... ...............21
6.09 Laws and Regulations .......... ................ ................................ ......... ........................ ............. ... ................... ............. .21
6.10 Taxes............................................................................................................................................ ..........................22
6.11 Use of Site and Other Areas...................................................................................................................................22
6.12 Record Docunwnts ................................................................................................................................................ .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.
00700 - 3
6.16 Elnergencies .......................................................................................................................................................... .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 Detenninations 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 A1'\l"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; CHANGE 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 Al~D 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 May Stop the Work ............................. ........ .... ........................................................................ ....................34
13.06 Correction or Removal of Defective Work.............................................................................................................34
13.07 Correction Period.................................................................................................................................... ..............34
13.08 Acceptance of Defective Work ........... ....... ............... .... ..... .... ......... ............................... ............ ..................... ...... ..35
13.09 Owner May Correct Defective Work............. ........................ ................................................................... ..............35
ARTICLE 14 - PAYl\1ENTS TO CONTRACTOR MID COMPLETION...............................................................................36
14.01 Schedule of Values...................................................................................................................................... ...........36
14.02 Progress Payments............................................................................................................................................. ....36
14.03 Contractor' s Warranty of Title.............................................................................................................................. 37
14.04 Substantial Completion.......................................................................................................................................... 37
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
14.05 Partial Utilization.................................................................................................................................................. 3 8
14.06 Final Inspection.............................................................................................................................................. .......38
14.07 Final Payment........................................................................................................................................................3 8
14.08 Final Completion Delayed..................................................................................................................................... 39
14.09 Waiver of Claims.................................................................................................................................................... 39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................39
15.01 Owner May Suspend Work.................................................................................................................................... .39
15.02 Owner May Terminate for Cause .................................. ................ ............ .............................................................39
15.03 Owner May Tenninate For Convenience...............................................................................................................40
15.04 Contractor May Stop Work or Tenninate ..............................................................................................................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 Remedies........................................................................................................................................... ..41
17.04 Survival of Obligations ................................................................................................... .......................................41
17.05 Controlling Law .................................................................................................................................................... .41
17 .06 Headings......................................................................................................................................................... ...... .41
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 5
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).
Documentsu 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. ContractuThe 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. DrawingsuThat 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.
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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 ConditionuThe
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 ProceeduA 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--AlI 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
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administrative requirements and procedural matters
applicable thereto.
44. SubcontractoruAn 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 orinion 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 FacilitiesuAlI 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
word "Work," refers to Work that is
faulty, or deficient in that it:
modifying the
unsatisfactory,
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.
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, Peifonn, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
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 Starting 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 PreconstTUction 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.
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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 Peifonnance 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
2. No provIsion of any such standard,
specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations
Supplier shall be effective to change the duties or applicable to the performance of the Work
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Copyright@2002 National Society of Professional Engineers for EJCDC. All rights reserved.
(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:
I. 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.
written
interpretation
3.05 Reuse of Documents
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
or
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 t(frm compatibility, usability, or
readability of documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by the
data's creator.
ARTICLE 4 AVAILABILITY
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.
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4.02 Subsuiface 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, oplmons, 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 Subsuiface 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
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Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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:
I. 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
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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, opmlons 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 INSURANCE
5.01 Peiformance, 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
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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
Certificates 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:
I. claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which are 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
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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
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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
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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 unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into
the Work shall be as specified or, if not specified, shall be
of good quality and new, except as otherwise provided in
the Contract Documents. All special warranties and
guarantees required by the Specifications shall expressly
run to the benefit of Owner. If required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and
quality of materials and equipment.
C. All materials and equipment shall be stored,
applied, installed, connected, erected, protected, used,
cleaned, and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise may be
provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided
below.
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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.l, 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:
I) 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 III 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
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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 2. shall anything in the Contract Documents
charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or
substitute. Contractor shall also reimburse Owner for the Engineer to 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 @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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 with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's 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.
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6.10 Ta.;r;;es
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
I. 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 of the Work.
2. Should any claim be made by any such owner
or occupant because of the performance of the Work,
Contractor shall promptly settle with such other party by
negotiation or otherwise resolve the claim by arbitration
or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
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 Peifonnance 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.
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00700 - 22
ings or Specifications or to the acts or ormsslons 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.
2. 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.l7.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
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Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 23
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 professionals and all court or
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 24
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.1.
E. Resubmittal Procedures
I. 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:
I. 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 defecti ve 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:
I. 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.
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00700 - 25
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 Fumish Data
A. Owner sl1all 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 4.0 I
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.
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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
Environmental
Hazardous
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 exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will
furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the
Work. The authority and responsibilities of any such
Resident Project Representative and assistants will be as
provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract 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.
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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, II, and 12.
D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 Detemlinations for 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; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without
notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the
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
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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
A.Contractor shall not be entitled to an increase
III 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 1O.01.A, (ii) required
because of acceptance of defective Work under Paragraph
13.08.A or Owner's correction of defective Work under
Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
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 1O.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.
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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 11.01.B, necessarily incurred and paid by
Contractor in the proper performance of the Work. When
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of the Work, the costs to
be reimbursed to Contractor will be only those additional
or incremental costs required because of the change in the
Work or because of the event giving rise to the Claim.
Except as otherwise may be agreed to in writing by
Owner, such costs shall be in amounts no higher than
those prevailing in the locality of the Project, shall 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
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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:
I. 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.l 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 I LOLA 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.
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5. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.01.A and 11.01.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 TIMES
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 III
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 I LOLA. 1
and 11.01.A.2, the Contractor's fee shall be 15
percent;
b. for costs incurred under Paragraph 11.01.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.l 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, 11.0 1.A.5,
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
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00700 - 32
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:
I. 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
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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.
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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 (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor.
C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications.
D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has been
satisfactorily completed.
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 Wark
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 AND
COMPLETION
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
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00700 - 35
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.
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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.
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00700 - 37
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.
I. 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 Wark 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
I. After Contractor has, in the opinion of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in
accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance certificates of
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 @ 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 retainage stipulated in the
Agreement, and if bonds have been furnished as required
in Paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the terms
and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
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 Tenninatefor 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.
Copyright @ 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 Terminate For Convenience
A. Upon seven days written notice to Contractor
and Engineer, Owner may, without cause and without
prejudice to any other right or remedy of Owner,
terminate the Contract. In such case, Contractor shall be
paid for (without duplication of any items):
1. completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses;
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 binding. The mediation will be
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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 1O.05.E.
B. Owner and Contractor shall participate in the
mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 1O.05.C or a denial
pursuant to Paragraphs 1O.05.C.3 or 1O.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 wrltlllg 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 ofthe 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
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 41
/It/3 (j~ch-JiG.
COUNCIL
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
December 10, 2007
Consent
Item No.
6.12
By:
Guy Johnson
By:
Resolution accepting the replacement of sanitary sewer lift station control panels and telemeh'y modification
project, and approving the final payment request to Elech-ical Installation and Maintenance Company Inc.
(improvement project no. 813)
Requested Action
Staff recommends that COlU1cil approve a resolution to accept the 2007 lift station SCADA project 813, and
authorize the final payment to Electrical Installation and Maintenance Company Inc. in the amount of $60,050.
Policy/Past Practice
The City COlU1cil routinely considers public infrash-ucture improvement projects to extend the useful life of
the infrastruchlre 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' telenletry.
Background
This project provided for replacement of control panels at 59th/Wisconsin A venue; 5420 TH 169 Service Road;
Terra Linda Park; and related modifications to the master radio telemetry unit at the Public Works facility.
Terra Linda and the TH 169 Service Road sites were the base bid component of the contract, and replacement
of the control panel at 5420 TH 169 Service Road was alternate number one in the contract.
At its meeting on February 12, 2007, 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 March 26,2007.
Motion by
Second by
,-C;-ftD(Ad/Li!./0
To:
I:\RFA \PUBWORKS\2007\S13 SCADA Final.doc
December 10, 2007
Page 2
The existing telemetry systems 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 rull times,
station in-flow, and pump start counts. This information is very useful in operating and plmmi.ng
maintenance of the lift station. It is particularly important while monitori.ng the lift stations when multiple lift
stations are experiencing electrical power outages. The installation of SCAD A systems at these three sites
completes the recommended city sanitary sewer telemetry system updates.
Funding
The amolmt of the original contract was $60,050, with the final pay request being $60,050. 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 and the engineer's memorandum recommending acceptance of the
project.
1:\RFA \PUBWORKS\2007\813 SCADA FinaI.doc
City of New Hope
Resolution No. 07-186
Resolution to accept the replacement
of sanitary sewer lift station control panels and
telemetry modifications project
and approve final payment request to
Electrical Installation and Maintenance Company Inc.
(improvement project 813)
WHEREAS, the city has entered into a contract with Electrical Installation and Maintenance
Company 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 813 and approve final payment to Electrical Installation
and Maintenance Company Inc. in the amount of $60,050; 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 Company 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 Company Inc.
2. That the city manager is hereby directed to authorize the final payment of
$60,050 to Electrical Installation and Maintenance Company Inc., subject to
submittals of the required IC-134 Forms and a signed pay request.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 10th
day of December, 2007.
Attest:
~ "
, K~
,-, ?t~()7Lt
City Clerk
lrL fl2t
/ . UL /~
May r
I:RFA\Pubworks\2007\813 SCADA Final Resolution
2335 Highway 36 W
St Paul, MN 55113
Tei 651-636-4600
Fax 651-636-1311
WoW; bonestroo com
r~ovember 27, 2007
. Bonestroo
rvlr Guy Johnson
City of New Hope
Public Works Building
5500 International Parkway
Ne\:v Hope, Mr~ 55428
Re. 2007 Lift Station Control Panel Replacement
Bonestroo File No 000034-07193-0
City Project No 813
Pay Request #! -Fmal
Dear tvlr Johnson
Enclosed are three (3) copies of Pay Request No 1 / Final for the 2007 Lift Station Control Panel
Replacement projed This pay request covers work completed by Eledrical Installation and
Maintenance through November 14, 2007 The work on this projed has been satisfadorily
completed, therefore, vve recommend approval for payment of $60,05000 Upon execution of the
pay request, we suggest distribution as follows.
1 copy City of New Hope
1 copy Eledricallnstallation 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
(}~cUJ~
Chuck W Oehrlein
Attachments
SI Paul
St Cloud
Rochester
Milwaukee
Chicago
2335 Highway 36 VV
51 Paul, MN 551 i 3
Tal 651-536.'1600
Fax 651.536-13 i 1
wwwbonastroo com
t\Jovember 27, 2007
# Bonestroo
tvlr Guy Johnson
City of New Hope
Public 'Narks Building
5500 International Parkway
New Hope, MN 55428
Re. 2007 Lift Station Control Panel Replacement
Bonestroo File No 000034-07193-0
City Project No 813
Pay Request # I-Fmal
Dear Mr Johnson
Enclosed are three (3) copies of Pay Request No ] I Final for the 2007 Lift Station Control Panel
Replacement project This pay request covers wark completed by Electrical Installation and
Maintenance through [\jovember 14, 2007 The work on this project has been satisfactorily
completed, therefore, we recommend approval for payment of $60,05000 Upon execution of the
pay request, we suggest distribution as follol/v5.
] copy City of New Hope
1 copy Electricallnstal!ation 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,
BO[\jESTROO, INC
{}UcUJ ~
Chuck W Oehrlein
Attachments
51 Paul
51 Cloud
Roches ler
Milwaukee
Chicago
tvUNNESOTAa REVENUE ~~
I Minnesota Revenue Home I Contact Us I Help
Contractor's Withholding Affidavit
Confirmation
a Pril"lt..r-fliendlvversiol'l
ELECTRICAL INSTALLATION &
MNTNCE CO
ID 4120631
Please keep this information for your records To print or save this page, use your
browser's print or save function. Do not use your browser's back button
Submit a copy of this page to the project owner to receive your final payment
ConfirmatIon number
Project owner
Project number
Project begin date
Ptoject end date
Project location
Subcontractors
176092 Man Oct 2910:58:'10 CDT 2007
CITY OF NEW HOPE
813
August 2007
October 2007
NEW HOPE
No subcontractors listed.
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10/29/2007
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CONDITIONAL WAiVER AND RELEASE UPON PROGRESS PAYMENT
Civil Code Section 3262(d)(1)
,
I :
Upon receipt by the und0rslgned of a check from E/..tFC7tf leAf.- ~Il $.,-4 1.L41" 10;f ~ it/;I/II~IIAIIC~ to,
tf MAKER OF CHE!Ct< '
in the sum of $ t~!; S8. r I payable to /;.1 t!OA/7f1~I.., tHe.-
"
AMOUNT Of!! e~illCK I'AYl!a OF\ j:.'AYEES OF CHECK
and when the check hss been properly endorsed end has baen paid by the bank upon which It 1$
, drawn, this document shall bee~me effective to release any mechilnie'e lien, stop notlet, or bond
rIght the undersigned hafS on the job of (/i'( Ot: Mw /lcp(f!'
OWNER
loeated at 1.00"1 ~ I P7 S i4 iIOtV'ION"!"lifJ{" '/1;/IItll- ~I to the followln.g extent.
Joe DESCR!PTION
This release coV('~r$ a progress payment for labor, services, equipment, or material fumi$hed to
i t!'c..6at'ff(A/.. !M'iTt1u.AlI/j,1'.I ".'I11AI/YlDf1I4/JC1:. through 11/Z.t,(,9. '1
, YOUR CUSTCIM!fIl OATS
i
!
ionly and does not cover any retentions retained before or after the release date; extras
/:rurnished b&TOre the release date for which payment has not been received; extras or Items
; furnished after the release date. Rights based upon work performed or Items furnished
; under a written change Oioar which has been fully executed by the parties prior to the
irelease date are covered by this release unless specifically reserved by the claimant in this
release. This release of anyrrrechanlc's Il&n, stop notice, or bond right shall not otherwise
,affect the contract rights, including rights between parties to the contract based upon I!J
jresoisSlon, abandonment. or breech of the contract. or ~he right of the underslgMd to
lrecover compensation for Tumished labor, service!, squlpment, or material covered by this
! release if that furnished tabor, servioes. aqulpment, or material was not compensated by
ithe progress payment.
I
!
!Before any recipient of this doeument reliss on it, said party should verify evidenoe of
ipayment to the undersigned.
i Dated: l/t?/t;::;-
/;(
By:
!NOTE: This form complies with the requirements of Civil COde Section 3262(d)(1), It is to
I
)De used by a party who appll~i for a progress paym~f'lt when the progress check has not
Iyet clear&d the bank. This release only becomes effective when the check, prCiparly
'endorsed, has e!e~red the banl<.
!
!7/04
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R ' i j' II. "(, "Ai'- 2'~9,PM N. 1'6i
Inh' ece! V€ a ,llTie1\iIVv, lv, \'Lvv 1~1 ..J It" PI'",!, lu.,.; tl",l",...,.~ II..."... '0.........____ '"'___.___... .__1..
..J...,e...I.....-II........',l w ,. \Lr""U \lVr'lI\H.. _':l IUI .
.-
Bonestroo
Owner: City of New Hope, 4401 Xylon Avenue N, New Hope, MN 55428 Date: November 14, 2007
For Period: 3/26/2007 to 11/142007 Request No: 1 AND FINAL
Contractor: Electrical Installation & Maintenance, 1480 County Road 90, Maple Plain, MN 55359
CONTRACTOR'S REQUEST FOR PAYMENT
2007 LIFT STATION CONTROL PANEL REPLACEMENT
BONESTROO FILE NO. 000034-07193-0
CITY PROJECT NO. 813
SUMMARY
1 Original Contract Amount
2 Change Order - 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.
$
60,050.00
$
$
0.00
0.00
1 AND FINAL
$
$
$
$
$
$
$
$
$
60,050.00
60,050.00
0.00
60,050.00
0.00
60,050.00
0.00
0.00
60,050.00
Recommended for Approval by:
BONESTROO
C kAf: (;tJ &Lvc..
Approved by Contractor:
INSTALLATION & MAINTENANCE
Specified Contract Completion Date:
Date:
12 /;0.,/ Ii J
j{;/\! Vv I
I I
3407193REQ 1.xls
Contract Unit Quantity Amount
No. Item Unit Quantity Price to Date to Date
BASE BID:
LUMP SUM 59TH AND WISCONSIN LIFT STATION CONTROL PANEL AND TERRA LINDA LS 36800.00 $36,800.00
TELEMETRY UNIT
TOTAL BASE BID: $36,800,00
ALTERNATE NO.1:
2 LUMP SUM HIGHWAY 169 LIFT STATION CONTROL PANEL LS 1 23250,00 $23,250,00
TOTAL AL TERNA TE NO, 1: $23,250,00
TOTAL BASE BID:
TOTAL ALTERNATE NO, 1:
TOTAL WORK COMPLETED TO DATE
$36,80000
$23,250,00
$60,050.00
3407193REQ1.xls
PROJECT PAYMENT STATUS
OWNER CITY OF NEW HOPE
CITY PROJECT NO. 813
BONESTROO FilE NO. 000034-07193-0
CONTRACTOR ELECTRICAL INSTAllATION & MAINTENANCE
CHANGE ORDERS
No.
Date
Description
Amount
Total Change Orders
PAYMENT SUMMARY
No. From
1 AND FINAL 03/26/2007
To
11/14/07
Payment
60,050.00
Retainage
Completed
60,050.00
Material on Hand
Total Payment to Date $60,050.00 Original Contract $60,050.00
Retainage Pay No. 1 AND FINAL Change Orders
Total Amount Earned $60,050.00 Revised Contract $60,050.00
3407193REQ1.xls