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IP #1008
PROJECT NO. 1008 North Water Tower Painting - $550,000 2018-12 01/8/18 Resolution authorizing preparation of plans and specifications for the repainting of the north water tower (improvement project no. 1008) 2018-22 01/24/18 Resolution approving plans and specifications and authorizing advertisement for bids for the repainting of the North Water Tower (improvement project no. 1008) 2018-42 03/12/18 Resolution awarding contract to Osseo Construction Co. LLC for construction of public improvement project no. 1008 (2018 North Water Tower Painting) Osseo Construction did not finish; city withheld funds; city hired Omann Contracting Companies to complete driveway and site restoration for $31,990. Contracts signed 5/6/20: JWC will reimburse city. 2021-16 1/25/21 Resolution approving final payment to Omann Brothers, Inc. in the amount of $210.63 for the New Hope water tower driveway and restoration improvements (Improvement Project No. 1008) 2021-27 02/22/21 Resolution approving final payment to The Osseo Construction Co. LLC for $0 for the 2018 North Water Tower Painting project (Improvement Project No. 1008) 3103 Request for Action January 8, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director of Public Works Agenda Section Development & Planning Item Number 8.4 Agenda Title Resolution authorizing preparation of plans and specifications for the repainting of the north water tower (Improvement Project no. 1008) Requested Action Staff is recommending that Council pass a resolution authorizing the preparation of plans and specifications in regards to repainting of the north water tower. Policy/Past Practice The north water tower located on 471h Ave N was last painted in the summer of 1996 by Odland Protective Coating. This project included the removal of existing paint on the tower, application of new paint, structural improvements and other miscellaneous upgrades. At that time, it was estimated that the new painting would last ten to fifteen years, and it has now been over twenty years since the tower has been painted. Background In October 2014, KLM Engineering was hired to conduct an inspection of the north water tower on 4711, Ave N. This inspection report found that due to the extent of failures in the interior of the water tower, the water tower would need a complete recoating of its interior within three to five years. The report suggests that a new properly applied and maintained immersion service zinc/epoxy coating should provide at least twenty years of service. The exterior of the water tower is in significantly better condition than the interior, however, it too has surpassed the life expectancy of its previous painting and it is recommended that it also be painted at the same time as the interior. The proposed project schedule is: • Resolution authorizing preparation of plans and specifications on January 8, 2018 • Approve plans, specifications and authorize bids on February 12, 2018 • Award bid on March 12, 2018 • Finish construction in summer/fall of 2018 Funding The engineer's estimate for the project is $750,000 including indirect costs. This would be funded from the Joint Water Commission. Attachments 4 Resolution Engineer's Memo • Map I:\RFA\PUBWORKS\2018\Council\1008 North Water Tower Repainting\RFA 1008 Repainting North Water Tower.docx City of New Hope Resolution No. -12 Resolution authorizing preparation of plans and specifications for the repainting of the north water tower (Improvement Project No. 1008) WHEREAS, the New Hope, Crystal and Golden Valley Joint Water Commission has authorized the development of plans and specifications for the repainting of the 500,000 gallon North Water Tower at 47th and Aquila avenues, New Hope, Minnesota; and, WHEREAS, the city engineer has presented a proposal for the creation of plans and specifications for the repainting of the 500,000 gallon north water tower to the City Council for authorization, NOW, THEREFORE, BE IT RESOLVED: 1. The Council authorizes the preparation of plans and specifications for the repainting of the north water tower. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of January, 2018. Attest: City Clerk Mayor Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-131 1 December 21, 2017 File: 193804153 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Reference: 2018 North Water Tower Repaint - Authorize Preparation of Plans and Specifications City Project No. 1008 Dear Bernie, As discussed, we are requesting authorization to prepare plans and specifications for the 2018 North Water Tower Repainting Project. The project generally consists of repainting both the interior and exterior of the north water tower, located at the corner of Aquila Ave N and 47th Ave N. This tower was last painted in 1996, and repainting is recommended approximately every 20 years. The estimated total project cost for these improvements, including indirect, is approximately $750,000 as shown below. Note that approximately $75,000 of the estimated indirect costs would be for inspection of the repainting process by KLM, a local engineering firm that specializes in water tower rehabilitation. Joint Water Commission (JWC) funds will be used for this project. Improvement Estimated Costs Construction Costs $650,000 Indirect Costs - Stantec $25,000 Indirect Costs - KLM $75,000 Total Estimated Project Costs $750,000 If Council accepts the information presented and chooses to move forward with this project, we then recommend that the Council authorizes the preparation of plans and specifications at the January 8th meeting. Bids would be received in February 2018, and a contract considered at the March 12th Council Meeting. Repainting could be done in the summer or fall of 2018, after the completion of the bypass project. Design with community in mind December 21, 2017 Mr. Bernie Weber Page 2 of 2 Reference: 2018 North Water Tower Repaint - Authorize Preparation of Plans and Specifications If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC *4404. (k). X7" Christopher W. Long, P.E. Attachments: Figure 1 - Location Map Cc: Kirk McDonald, Valerie Leone, Shawn Markham, Dave Lemke, Jim Muellner, Megan Albert - New Hope; Mark Rolfs, Kellie Schlegel, Adam Martinson, Ann Dienhart - Sfantec Design with community in mind I � 1S =�; i ,r. a N _ 3 1 Lij IL x 47TH Avil t'f z _ NORTH ` WATER TOWER LOCATION PLAN NEW HOPE, MINNESOTA FIGURE: 1 S't�!'1t�'C 2018 NORTH WATER TOWER BYPASS 2335 Highway36 W 51- Paul, MN 55113 DATE: 12/20/2018 PROD. NO.: 193804153 _w tanlec com Request for Action January 22, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director of Public Works Agenda Section Development & Planning Item Number 8.5 Agenda Title Resolution approving plans and specifications and authorizing advertisement for bids for the repainting of the north water tower (Improvement Project No. 1008) Requested Action Staff is recommending that Council pass a resolution approving the plans and specifications, and authorizing to advertise bids in regards to repainting of the north water tower. Policy/Past Practice The north water tower located on 4711 Ave N was last painted in the summer of 1996 by Odland Protective Coating. This project included the removal of existing paint on the tower, application of new paint, structural improvements and other miscellaneous upgrades. At that time, it was estimated that the new painting would last ten to fifteen years, and it has now been over twenty years since the tower has been painted. Background As requested, plans and specifications have been prepared for the 2018 North Water Tower Repainting Project. The project consists of repainting both the interior and exterior of the north water tower, located at the corner of Aquila Ave N and 47th Ave N. This tower was last painted in 1996, and repainting is recommended approximately every twenty years. The proposed project schedule is: Approve plans, specifications and authorize bids on January 22, 2018 Award bid on March 12, 2018 • Finish construction in summer/fall of 2018 Funding The engineer's estimate for the project is $750,000 including indirect costs. This would be funded from the Joint Water Commission. Attachments • Resolution • Engineer's Memo • Map I:\RFA\PUBWORKS\2018\Council\1008 North Water Tower Repainting\1-22 Approve P&S, auth bids\RFA 1008 Repainting North Water Tower Appprove P&S, auth bids.docx City of New Hope Resolution No. -18-22 Resolution approving of plans and specifications and authorizing advertisement for bids for the repainting of the north water tower (Improvement Project No.1008) WHEREAS, the New Hope, Crystal and Golden Valley Joint Water Commission has approved. funding for the repainting of the 500,000 gallon North Water Tower at 47th and Aquila avenues, New Hope, Minnesota; and, WHEREAS, the city engineer has presented plans and specifications for the repainting of the 500,000 gallon north water tower to the City Council for approval; and, WHEREAS, the City Council authorizes the advertising for contractor bids for the repainting of the north water tower, NOW, THEREFORE, BE IT RESOLVED: 1. The Council approves of plans and specifications for the repainting of the north water tower. 2. The Council authorizes the advertising of contractor bids. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 24111 day of January, 2018. Mayor Attest: gz�'� CZL2�-6 City Clerk (3 Stantec January 16, 2018 File: 193804156 Attention: Bernie Weber Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-131 1 Reference: 2018 North Water Tower Repaint - Approve Plans and Specifications; Authorize Bid City Project No. 1008 Dear Bernie, As requested, we have prepared plans and specifications for the 2018 North Water Tower Repainting Project. The project consists of repainting both the interior and exterior of the north water tower, located at the corner of Aquila Ave N and 47th Ave N. This tower was last painted in 1996, and repainting is recommended approximately every 20 years. The plans include all necessary work to complete the repainting of the tower. The estimated total project cost for these improvements, including indirect costs, is currently estimated to be $750,000. The breakdown of the project costs is shown below. Joint Water Commission (JWC) funds will be used for this project. Improvement Estimated Costs Construction Costs $650,000 Indirect Costs - Stantec $25,000 Indirect Costs - KLM $75,000 Total Estimated Project Costs $750,000 If Council chooses to move forward with this project, approval of the plans and specifications and authorization to advertise for contractor bids could be given at the January 22nd Council meeting. Bids could then be received on March 1st and brought back to Council for review at the Match 12th Council meeting. Repainting would be done in the summer or fall of 2018, after the completion of the bypass project. Design with community in mind January 16, 2018 Mr. Bernie Weber Page 2 of 2 Reference: 2018 North Water Tower Repaint -Approve Plans and Specifications; Authorize Bids If you have any questions or require further information please call meat (651)604-4808. Sincerely, STANTEC Christopher W. Long, P.E. Attachments: Figure 1 - Location Map Cc: Brandon Bell, Megan Albert, Shawn Markham, Dave Lemke, Jim Muellner- New Hope; Mark Rolfs, Kellie Schlegel, Adam Martinson, Ann Dienhart - Stantec Design with community In mind xo� s� S s, z � �¢ w I TH av ;j j Z. NORTH {� ¢ WATER` TOWER ' p< 1 - I FF Y 1ruld - • AA F. LOCATION PLAN NEW HOPE, MINNESOTA FIGURE: 1 2018 NORTH WATER TOWER BYPASS DATE: 12/20/2018 PROJ. NO.: 193804153 Sta rite c 2335 Highway 36 W St. Paul, MN 55113 www.stantec.com CONTRACT DOCUM'7MTS Project Manual For 500,000 Gallon Water Elevated Tank CONTRACT Rehabilitation Prepared for: City of New Hope, Minnesota City Project No. 1008 (3 Stantec February 2018 Stantec Project No. 193804156 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. 1JLo �� Mark R. Rolfs, P.E. Date: February 1, 2018 Reg. No. 16722 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2018 Stantec 1 193804156 0001 05 - 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form 0041 13 Bid Form Attachment A Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 01 7000 Execution Requirements Division 09 - Finishes 0991 55 Repainting Water Storage Facilities Division 33 - Utilities 3301 16 Steel Water Reservoir Repairs Drawings Figure 1 Location Plan Figure 2 Site Plan Figure 3 Tower Elevation Figure 4 Tower Name Sign Scheme END OF SECTION TABLE OF CONTENTS © 2018 Stantec 1 193804156 0001 10- 1 This Page Left Blank Intentionally SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 A.M., CST, Thursday, March 1, 2018, 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: 500,000 Gallon Water Elevated Tank Rehabilitation, City Project No. 1008 In general, Work consists of the following: An existing 500,000 gallon legged style elevated reservoir. Provide surfaced preparation, coatings, miscellaneous structural repairs, containment, and all associated work. Complete digital Bidding Documents are available at www.guesfcdn.com for $20 by inputting QuestCDN eBidDoc #5520079 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Mark Rolfs, at (651) 604-4872. 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. Kirk McDonald, City Manager City of New Hope, Minnesota END OF SECTION ADVERTISEMENT FOR BIDS © 2018 Stantec 1193804156 0011 13 - 1 This Page Left Blank Intentionally SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office -The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 2 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data;' and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" E. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; INSTRUCTIONS TO BIDDERS © 2018 Stantec 1193804156 0021 13 - 3 F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda maybe issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 4 ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 5 Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 6 qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID, COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 1 1.02.B of the General Conditions. 14.03 Completion Time Comparisons A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 7 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the some manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non -responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than 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 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 8 Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 9 ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION INSTRUCTIONS TO BIDDERS © 2018 Stantec 1 193804156 0021 13 - 10 SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated October 15, 2014, prepared by KLM Engineering, Inc. entitled "Elevated Water Tank Inspection Report - 500,000-Gallon Capacity North Tower, City of New Hope, Minnesota:' PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2018 Stantec 1 193804156 00 31 00 - 1 This Page Left Blank Intentionally ELEVATED WATER TANK INSPECTION REPORT OCTOBER 2014 500,000 GALLON CAPACITY NORTH TOWER CITY OF NEW HOPE, MINNESOTA KLM PROJECT MN 3234 Engineering Inc. P.O. Box 897 . 3394 Lake ELno Ave. N. • Lake ELno, NLN 55042 (651)773-5111• Rix (651)773-5222 2 TABLE OF CONTENTS 1.0 PROJECT INFORMATION........................................................................................................3 2.0 EXECUTIVE SUMMARIES.......................................................................................................4 2.1 Structural Examination Summary.....................................................................................4 2.2 Coating Evaluation Summary...........................................................................................4 2.3 Repair and Reconditioning Cost Estimate........................................................................5 2.4 Remaining Tank Life........................................................................................................5 3.0 RECOMMENDATIONS.............................................................................................................6 3.1 Interior Wet Structural......................................................................................................6 3.2 Interior Wet Coating..........................................................................................................7 3.3 Cathodic Protection System (C. P.)...................................................................................7 3.4 Exterior Structural.............................................................................................................7 3.5 Exterior Dry Coating.........................................................................................................8 3.6 Site And Environmental Considerations...........................................................................8 3.9 Telecommunications Considerations................................................................................9 4.0 INSPECTION AND EVALUATION METHODS............................................................................9 4.1 Methods.............................................................................................................................9 4.2 Examination and Evaluation Techniques........................................................................10 Appendix A: Photographs Appendix B: Drawings Appendix C: Surface Preparation Requirements Appendix D: Paint Chip Lead and Chromium Test Results Appendix E: Methods for Assessing Staining and Biofilm in Water Storage Reservoirs I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. �t Matt Erickson, P.E. License No. 42727 Date: December 22, 2014 1.0 PROJECT INFORMATION 3 KLM Project No.: MN 3234 Customer P. O. Number: Customer: City of New Hope, MN Phone: (763) 592-6772 Street/City/State/Zip: 5500 International Pkwv, New Hope, MN 55428 Customer Contact: Bernie Weber, Public Works Operations Manager Tank Owner: City of New Hope, MN Phone: (763) 592-6772 Tank Owner Contact: Bernie Weber, Public Works Operations Manager Owner's Tank Designation: North Tower Tank Description: Double Ellipsoidal Tank Street Location: 47'h Avenue N & Aquila Avenue North, New Hope, MN Purpose of Inspection: Tank examination and interior & exterior coating evaluation Date of Inspection: October 15, 2014 Inspected By: David Montgomery and Devin Severson Type of Inspection: KLM Standard Floatdown Inspection Procedures Manufacturer: PDM Construction Date: 1959 Serial No.: Unknown Design Code: AWWA D100-55 Capacity: 500,000 Gallons Type of Construction: Welded Number and Size of Support Columns: Eight (8) 32-in columns + 6-ft wet riser Tank Diameter: Approximately 50-feet Height: Overall 145-feet Balcony 110-feet Height to: HWL 139-feet LWL 100-feet Type of Access to Tank Interior: Exterior support column and shell ladders to roof manway Tank Construction Drawings: Not Available to KLM Previous Inspection Records: No Records Available to KLM (AEC and SEH reports) EXISTING COATING INFORMATION Date Last Coated Full or Spot Repair Coating Contractor Surface Preparation Paint System Paint Manufacturer Lab Lead Test Paint Chips INTERIOR WET 1996 Complete Odland Protective Coatings SSPC-SP 10 Epoxy Tnemec EXTERIOR 1996 Complete Odland Protective Coatings SSPC-SP 6 Epoxy/Urethane Tnemec Taken and Tested Taken and Tested 0 2.0 EXECUTIVE SUMMARIES 2.1 Structural Examination Summary Based on the inspection data, it appears that some miscellaneous structural modifications and repairs are required. These modifications and repairs serve to bring the tank into compliance with OSHA regulations, AWWA standards, as well as allow for better coating bonding, allow for safer access in and on the tank and, in some cases, removing unnecessary items. 2.2 Coating Evaluation Summary 2.2.1 Lead and Chromium Content Analysis The total lead and chromium content of the interior and exterior coatings was analyzed. The results in Appendix D indicate that the lead content of both the interior and exterior coating is below the reporting limits of the testing (<RL), meaning that neither of the coatings systems are lead based paints. Chromium levels vary from below the reporting limits (<RL) to 0.012 percent. These chromium levels are not high enough to be a concern in the waste streams generated during reconditioning. 2.2.2 Interior Wet Coatinja It appears that the interior wet area of the tower was last coated in 1996 by Odland Protective Coatings. The interior wet coating is in fair to poor condition, with ten to fifteen percent overall coating failure. While the cathodic protection system appears to be helping to protect the coating below the water level, those coating failures in areas that cycle above and below the operating water level are particularly susceptible to corrosion. Due to the extent of the failures and the age of the coating, the tank will require complete replacement of the interior wet coating within three to five years. A properly applied and maintained immersion service zinc/epoxy coating should provide at least 20 years of service. See photos in Appendix A. 2.2.3 Exterior Dry Coating It appears that the exterior of the tower was last coated in 1996 by Odland Protective Coatings. The exterior coating is in fair to good condition, with less than one percent visible coating failures, and requires no repairs at this time. However, due to the age, the exterior coating is no longer considered repairable. The tower should be reinspected and reevaluated in three to five years to determine when exterior coating replacements will be required. See photos in Appendix A. As it is more cost effective to remove the exterior and the interior coatings at the same time, the cost for exterior coating replacement has been included in the Engineer's Cost Estimate. S 2.3 Repair and Reconditioning Cost Estimate The costs for structural repairs, replacing the interior and exterior coatings (including the containment) are estimated at This estimate is based on current pricing. For up-to-date competitive bids the project should be bid 9 to 12 months before the scheduled starting date. An experienced tank -coating contractor with the proper crew and equipment should be able to complete the project in nine (9) weeks. At the time of reconditioning, the tower will need to be drained and remain off-line during interior structural modifications, abrasive blasting and painting. However, most of the exterior structural modifications can be performed prior to draining, with the tank in- service. 2.4 Remaining Tank Life Based on the inspection data, if the recommended structural repairs and coating replacement are completed within the next three to five years, the tank will be satisfactory for continued service provided that it is inspected and maintained regularly. Based on the inspection data, the tower will remain suitable for extended continued service provided that it is inspected regularly and maintenance is performed in accordance with the recommendations of those inspections. The tank and coating should first be inspected within the warranty period and every three to five years thereafter. New interior and exterior coatings, if applied and maintained properly, should last at least 20 years. 3.0 RECOMMENDATIONS The photographs referred to in this section are in Appendix A. All drawings are found in Appendix B. The surface preparation requirements for all repairs as well as the requirements for welding are described in Appendix C. The exterior and interior paint chip lead tests are in Appendix D. Based on an evaluation of the inspection data, the recommendations are: 3.1 Interior Wet Structural The following structural repairs are not required to be performed at this time, and can be delayed until interior coating repairs are required. 3.1.1 Remove all erection bracket scab marks, weld spatter and other surface defects below the HWL by air arc gouging, cutting torch, or grinding. There are over 200 erection bracket scab marks, particularly where an erection ring was removed. Removal of the erection ring left scabs and other defects which tend to damage coating due to the sharp edges present and the difficulty in properly painting them. Repair the tank surface by welding and grinding. This will comply with AWWA D100-11. See photos 8, 13, and 16. This work will require approximately 75 man-hours. 3.1.2 Some of the coating failures on the shell could be the result of ice abrading the coating and wearing through it. KLM recommends periodically checking for ice in the tower this winter and determine the level of ice that is formed. If ice is a problem, consider installing a Solar -Bee GS-12 Submersible Mixer in the tower to provide mixing capabilities that reduce the likelihood and magnitude of ice formation in cold weather and prevent stratification in warm weather, improving water quality and reducing the necessity of chemical additives such as chlorine. The cost of this item is not included in the Engineer's Cost Estimate. Submersible mixers can be installed nearly year-round, providing the tank is not completely frozen. 3.1.3 Seal weld approximately seven (7) lap joints on the interior of the wet riser as required by AWWA D100-11. This item should be confirmed during reconditioning, as it may have occurred in conjunction with other structural modifications in 1996. 3.1.4 Replace the gaskets on the manways in the wet riser. One manway is a 24-inch diameter round manway and the other is an oval manway approximately 12-inches by 16-inches. See photos 42. 7 3.1.5 There is a small amount of sediment in the tower bowl, which is minimal at this time but should be monitored with periodic inspections and removed as required. Additionally, there appears to be some biofilm forming on the shell, lower torus, and bowl. While not an immediate concern, biofilm can provide shelter to microbes, pathogenic bacteria and protozoa, and may pose a risk if left unattended. In conjunction with the next periodic inspection, KLM recommends a chemical cleaning as outlined in Appendix E. See photos 14 through 24. 3.2 Interior Wet Coatine 3.2.1 It appears that the interior wet area of the tower was last coated in 1996 by Odland Protective Coatings. The interior wet coating is in fair to poor condition, with ten to fifteen percent overall coating failure. While the cathodic protection system appears to be helping to protect the coating below the water level, those coating failures in areas that cycle above and below the operating water level are particularly susceptible to corrosion. Due to the extent of the failures and the age of the coating, the tank will require complete replacement of the interior wet coating within three to five years. See photos 2 through 24. 3.2.2 After structural repairs are completed, all the reservoir surfaces should be abrasive blasted to an SSPC-SP-10 Near White Metal Blast and coated with a light-colored zinc/polyamide epoxy system (similar to the Tnemec Series 91-H20 Hydro-Zinc/Series N140 Pota-Pox Plus Epoxy coatings). A properly applied and maintained immersion service zinc/epoxy coating should provide at least 20 years of service, much as the last coating has. 3.3 Cathodic Protection System (C. P.) 3.3.2 The reservoir has a submerged C. P. system. The current conditions observed on the interior wet surfaces suggest that the C. P. system is working correctly. Because of defects in the coating, the C. P. system should be maintained and operated properly to prevent further tank corrosion. See photos 14, and 22 through 24. 3.4 Exterior Structural 3.4.1 Modify the roof handrail to tie into the ladder safety cage, extending the toeboard beneath the ladder. See photo 29. 3.4.2 Extend the shell ladder safety cage down to the balcony handrail. See KLM Drawing No. 47. 3.4.3 The existing balcony handrail does not meet OSHA top -of -rail height requirements or the requirement for a mid rail. Modify the handrail to meet OSHA requirements or replace the handrail in its entirety with an OSHA -compliant handrail. See photos 32 through 34 and KLM Drawing No. 10. 3.4.4 The existing support column and shell ladder do not appear to meet OSHA requirements for minimum rung size. While this is considered a de minimus violation for which fines are not generally assessed, the City of New Hope should consider replacing the ladders to comply with current OSHA requirements. The cost of this item is not included in the Engineer's Cost Estimate, but is estimated at $14,800.00. 3.4.5 Additional recommendations are included in Section 3.7, Telecommunications Considerations, as they relate to the telecommunications installations on the tower. 3.5 Exterior Dry Coating 3.5.1 It appears that the exterior of the tower was last coated in 1996 by Odland Protective Coatings. The exterior coating is in fair to good condition, with less than one percent visible coating failures, and requires no repairs at this time. However, due to the age, the exterior coating is no longer considered repairable, and will require complete replacement at the next reconditioning. The tower should be reinspected and reevaluated in three to five years to determine when exterior coating replacements will be required. See photos in Appendix A. 3.5.2 As it is more cost effective to remove the exterior and the interior coatings at the same time, the cost for exterior coating replacement has been included in the Engineer's Cost Estimate. This includes complete by abrasive blasting to an SSPC-SP 6 Commercial Blast Clean and replacement with a zinc/epoxy/urethane/fluoropolymer coating system, similar to those manufactured by the Tnemec Company. 3.5.3 The exterior coating is not classified as lead based paint However, due to the tank location, using conventional open air dry abrasive blasting methods to remove the coating may/will cause visible air emissions and fugitive particulate matter problems. Reconditioning specifications must be designed in conformance with local, state and Federal requirements. 3.6 Site And Environmental Considerations 3.6.1 The area around the tank should be graded to drain standing water away from the support columns and wet riser foundation. The top of the foundations should be at least 6 inches above grade and the grade sloped away from the foundations. See photos 41 through 44. The cost of this item is not included in the Engineer's Cost Estimate. 3.6.2 In conformance with Minnesota state rules, an analysis has been performed to determine the methods of pollution control required for this storage structure during reconditioning. To maintain air quality and to prevent the drift of dust and fugitive emissions, full containment will be required, including impervious ground cover, a top cover or bonnet and negative air dust collection. 9 3.9 Telecommunications Considerations 3.7.1 The tower has some telecommunications equipment, including antennas, coaxial cables, support brackets and other miscellaneous equipment. The Owner is advised to maintain accurate records of each of the antenna sites on the tower, including As -Built Drawings, site manager and owner contact information, upgrades performed, and future plans for antenna installations or upgrades. These records will help facilitate the future reconditioning with a minimal amount of effort on the Owner's part. 3.7.2 Working around and protecting the telecommunications equipment, including antennas, coaxial cables, support brackets, and other miscellaneous equipment during future reconditioning will incur additional costs. The antenna owner(s) should be responsible for these expenses under clause(s) in the antenna lease agreements. These costs are not included in the Engineer's Cost Estimate, as they vary considerably from tower to tower. 3.7.3 Prior to reconditioning, in accordance with the lease requirements of each antenna owner, the City of New Hope should notify the telecommunications owners or manager of the work to be performed. The City should also determine whether: a) the antenna owners will pay the additional costs to work around and protect the antennas; b) the antenna owners will temporarily remove their antennas and associated equipment to facilitate reconditioning; or c) the City of New Hope will have to pay for these costs themselves. 4.0 INSPECTION AND EVALUATION METHODS Some or all of the following procedures were performed as applicable. 4.1 Methods 4.1.1 The tank was evaluated on the interior and exterior in conformance with the following: a. KLM Engineering, Inc. proposal. b. General guidelines of AWWA Manual M42 Appendix C "Inspecting and Repairing Steel Water Tanks, and Elevated Tanks for Water Storage." C. KLM "Procedures and Guidelines for Inspecting Existing Steel and Concrete Water Storage Tanks". 4.1.2 The inspection of the base metal and coatings on interior and exterior surfaces included only areas accessible without scaffolding or special rigging. Where possible, the base metal and coating on the interior wet surfaces were examined from a rubber raft while the tank was being drained. M 4.1.3 Tank plate thickness was measured at random locations on the liquid holding shell. The overall structural condition of the tank was visually examined. 4.1.4 No structural analysis was done to determine if the tank design complies with the AWWA D100-11 Standard for "Welded Carbon Steel Tanks for Water Storage." However, any observed non-conformance to the AW WA D100-11 standard is noted in this report. 4.1.5 Although compliance with OSHA regulations was not a part of this inspection, any unsafe conditions or violations of current OSHA regulations that were observed are noted in this report. 4.2 Examination and Evaluation Techniques Some or all of the following procedures were performed as applicable. 4.2.1 Site The tank site was evaluated for proper drainage, conditions affecting access and lead paint abatement during reconditioning. Also, the following site dimensions were obtained: distance to fence(s), power lines, owner buildings, public property, private property/buildings, school/playgrounds, public parks and other property. 4.2.2 Foundations The tank concrete foundations were visually examined for cracks, spalling, condition of grout, indications of distress/settlement, and elevation above grade. 4.2.3 Tank Plate Thickness Plate thickness measurements were taken using ultrasonic methods (UTM). The readings were taken using a digital readout Nova D-100 Ultrasonic Thickness Gage that has a dual element probe (transducer). The probe's transmitter element sends a short ultrasonic pulse to the material. The pulse, reflected as an echo from the opposite side of the plate, returns to the probe's receiver element. The round trip time is directly related to the material's thickness. 4.2.4 Coating Thickness Interior and exterior coatings, where accessible, were tested in accordance with Steel Structures Painting Council SSPC-PA2-82 "Measurement of Dry Film Thickness with Magnetic Gages," using PosiTector-6000-F1 Type 2 magnet flux gages with a fixed probe. 11 4.2.5 Coating Adhesion Adhesion testing of the coating to the steel was performed by ASTM D3359: Shear Adhesion Test, Measuring Adhesion by Tape Test. In addition, a subjective coating adhesion evaluation was performed using a penknife. 4.2.6 Coating Cure The cure of the interior wet coating was evaluated by ASTM D 5402-93 Standard Practice for Assessing the Solvent Resistance of Organic Coatings Using Solvent Rubs and/or with the manufacturer's recommended field method / industry standard procedures. 4.2.7 Coating Serviceability The estimated remaining coating life or serviceability evaluation was performed using a wide variety of inspection instruments such as dry film thickness gauge, pen knife, Tooke gauge, adhesion tester(s), 30x microscope and serviceability evaluation experience (minimum experience 10 years). The instrument inspection was combined with a close visual inspection of all the interior coating's accessible areas. This was done to detect any holidays (misses), skips, runs, sags, surface contaminants, overspray, dry spray, poor coating cohesion, inter -coat delamination, loss of adhesion to the substrate, adverse conditions of the steel underneath the coating, or any other defects affecting the intended service. 4.2.8 Coating Lead and Chromium Content Analysis Samples were taken of the various types of coatings present on the interior and exterior surfaces. Corrosion Control Consultants and Labs of Kentwood, Michigan tested these coatings in conformance with ASTM D-3335 Standard Test Methods for Concentrations of Lead and Chromium in Paint. Copies of the Laboratory Analysis are included in Appendix D. APPENDIX A PHOTOGRAPHS Photo No. 1 Overall view of North Tower -d Photo No. 2 Overall conditions on roof interior ri Photo No. 3 Overall interior roof coating conditions Photo No. 4 Overall interior roof coating conditions LI Photo No. 5 Typical interior roof coating conditions Photo No. 6 Typical interior roof coating conditions Photo No. 7 Typical interior coating conditions Photo No. 8 Typical interior coating conditions — note erection bracket scab marks Photo No. 9 Typical interior coating conditions LJ r,i LA Photo No. 10 Typical interior coating conditions r Photo No. 11 Typical interior coating failures Photo No. 12 Typical interior coating failures Photo No. 13 Typical interior coating conditions Photo No. 14 Overall interior coating conditions — note submerged cathodic protection system floats Photo No. 15 Overall interior coating conditions Photo No. 16 Typical interior coating failures Photo No. 17 Coating failures on sail plate Photo No. 18 Coating failures on sail plate Photo No. 19 Overall interior coating conditions Photo No. 20 Typical coating failure — note surface with previous pitting Photo No. 21 Drips and runs on lower torus of tank Photo No. 22 Corroded cathodic protection system support Photo No. 23 Interior bowl coating conditions — note cathodic protection system Photo No. 24 Conditions in base of wet riser Photo No. 25 Overall conditions on roof Photo No. 26 Condition within roof handrail Photo No. 27 Conditions of roof coating and roof handrail Photo No. 28 Typical roof coating conditions Tilt Photo No. 29 Roof access manway, ladder and handrail i F� S i a Photo No. 30 Exterior shell coating conditions i Photo No. 31 Exterior shell coating conditions Photo No. 32 Conditions at support column ladder to balcony access Photo No. 33 Typical conditions of shell, balcony and handrail Photo No. 34 Typical conditions of shell, balcony and handrail Photo No. 35 Typical conditions of bowl and underside of balcony Photo No. 36 Conditions of bowl and wet riser Photo No. 37 Overall exterior coating conditions Photo No. 38 Exterior bowl and support column conditions dd Photo No. 39 Coating failures on strut Photo No. 40 SCADA antenna on strut WA Photo No. 41 Overall conditions at base of North Tower Photo No. 42 Conditions at wet riser — note level of foundation Photo No. 43 Typical conditions at base of tower — note foundation flush with grade Photo No. 44 Conditions at support column with overflow pipe APPENDIX B DRAWINGS w p O a � a Z J Q p W O U Q O X O= O m W 1 p W U) r Z I- W W a a o Z Z U J J I- p V)' of m W X� wn 9 W LJ m w LLJZ Q =p w O O p O Z =LL O J � Z W (/) <Q J m Z� LLJ Q 5 ZZ O 3r O O O �Q V) (n W= O�Lij (/) O Z Lv Q� Z_ Z_ J a J Jg p p w w gN�QQ LQ Z Cf V) J J �0- < Q 0 0 O F wZ =O � U LL j m ..o W � J x v) N Z Wo AZ d. 1 A d w o� 0 o o zd I V, I N JH N O— i w I d Of W I I p p g �Ul Z u Ul v W< o W � vzi O to } X I W Napd W 3 J Q � 0 J JLo �L N a0m l Oa� O 3 �a--------------- wO W H 1-0 Z �-o U L'i } Jm V3NV SIHl NI 30VO U33VS ¢w 1NVI�&400 VHSO OOV Q 3AOW3a M Z X _ N X N Q I I II II � II LLJ II o u n------------------ J � II I II II I II I I iil M I L')} ZZ Fo J x� w a Nlvl3a Ld W O 0 g ZO �w �U W U Q ly- L.LJ f� 0 Q J Q Z O LL J LLJ ©M LL 0 O i z O U J m W Q U ry W r- J r*- w a � 0 w z a o U w �� g o z Z x LO o z I Z 2 Z Z N Q m O H x w " J J w O V O c/) wo Z o QQ E— U U --- -------------------------- w o cn w O o� 0 Q� z vi O J cn m LLJ J = Q LD LLJ o Un M F- � Q � U o Lv W Z Q Z LLJ O O O OQ X O m a J r LLJ LLJ Q O i� QTT In Q 4 LLJ Z U J O m c) Z O 0 O ~ in Ern Z �0- U LLJ � O ° w LLJ I U mZ U J y. a LL LLJO Ln O N w m Z Z a Q m^ V) NO Q 0 LLJ O LyJ J j J w V Z N a 0 = im Ln ¢ it O Q Q Q w W 0 Z 0CL N r7 U) w 5 o p Y Q Q m m APPENDIX C SURFACE PREPARATION REQUIREMENTS NACE SP0178-2007 (formerly RP0178-2003) NACE Item No. 21022 I N T E It N A T 1 O N A L Standard Practice Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service This NACE International standard represents a consensus of those individual members who have reviewed this document, its scope, and provisions. Its acceptance does not in any respect preclude anyone, whether he or she has adopted the standard or not, from manufacturing, marketing, purchasing, or using products, processes, or procedures not in conformance with this standard. Nothing contained in this NACE International standard is to be construed as granting any right, by implication or otherwise, to manufacture, sell, or use in connection with any method, apparatus, or product covered by Letters Patent, or as indemnifying or protecting anyone against liability for infringement of Letters Patent. This standard represents minimum requirements and should in no way be interpreted as a restriction on the use of better procedures or materials. Neither is this standard intended to apply in all cases relating to the subject. Unpredictable circumstances may negate the usefulness of this standard in specific instances. NACE International assumes no responsibility for the interpretation or use of this standard by other parties and accepts responsibility for only those official NACE International interpretations issued by NACE International in accordance with its governing procedures and policies which preclude the issuance of interpretations by individual volunteers. Users of this NACE International standard are responsible for reviewing appropriate health, safety, environmental, and regulatory documents and for determining their applicability in relation to this standard prior to its use. This NACE International standard may not necessarily address all potential health and safety problems or environmental hazards associated with the use of materials, equipment, and/or operations detailed or referred to within this standard. Users of this NACE International standard are also responsible for establishing appropriate health, safety, and environmental protection practices, in consultation with appropriate regulatory authorities if necessary, to achieve compliance with any existing applicable regulatory requirements prior to the use of this standard. CAUTIONARY NOTICE: NACE International standards are subject to periodic review, and may be revised or withdrawn at any time in accordance with NACE technical committee procedures. NACE International requires that action be taken to reaffirm, revise, or withdraw this standard no later than five years from the date of initial publication and subsequently from the date of each reaffirmation or revision. The user is cautioned to obtain the latest edition. Purchasers of NACE International standards may receive current information on all standards and other NACE International publications by contacting the NACE International FirstService Department, 1440 South Creek Dr., Houston, Texas 77084-4906 (telephone +1 281 /228-6200). Revised 2007-03-10 Reaffirmed 2003-03-17 Reaffirmed September 1995 Reaffirmed March 1991 Revised 1989 Approved 1978 NACE International 1440 South Creek Drive Houston, Texas 77084-4906 +1 281 /228-6200 ISBN 1-57590-167-6 C 2007, NACE International SP0178-2007 Foreword When specifying tanks and vessels that are to be internally lined to control corrosion and prevent product contamination, special design, fabrication, and surface finishing practices must be considered to obtain the desired performance of these linings for immersion service. As the corrosiveness of the product increases, the design and fabrication of the tank or vessel becomes more critical relative to the performance of the lining. This standard presents standard practices for the design, fabrication, and surface finish of metal tanks and vessels that are to be lined for corrosion resistance and to prevent product contamination. The standard explains how the standard practices govern the quality of lining applications. Appendix A contains illustrations depicting both good and bad practices for tanks and vessels to be lined, and Appendix B contains a list of recommended responsibilities to ensure that an acceptable lining application is achieved. Appendix C contains written and graphic descriptions of five de�rees of surface preparation of welds in tanks and vessels that may be specified prior to lining. This standard is intended for use or reference by end users, lining specifiers, lining applicators, lining manufacturers, and contracting authorities involved in the surface preparation or lining installation in tanks and vessels intended for chemical immersion service. This standard practice was originally prepared in 1978 by NACE International Task Group (TG) T- 6A-29, a component of Unit Committee T-6A on Coating and Lining Materials for Immersion Service, in collaboration with Unit Committee T-611 on Application and Use of Coatings for Atmospheric Service. The standard was revised in 1989 by TG T-6G-27, a component of Unit Committee T-6G on Surface Preparation for Protective Coatings, and was reaffirmed in 1991 and 1995. It was reaffirmed in 2003 by Specific Technology Group (STG) 04 on Coatings and Linings, Protective: Surface Preparation. The standard was revised in 2007 by TG 295 on Lining, Tanks and Vessels for Immersion Service: Fabrication Details, Surface Finish Requirements, and Proper Design Considerations —Review of NACE Standard RP0178-2003. This TG is administered by STG 04. It is also sponsored by STG 02 on Coatings and Linings, Protective: Atmospheric; STG 03 on Coatings and Linings, Protective: Immersion and Buried Service; and STG 43 on Transportation, Land. This standard is issued by NACE International under the auspices of STG 04. (') The visual comparator mentioned in Appendix C is a molded plastic replica that illustrates various degrees of surface finishing for welds prior to coating or lining. Full -seam welds, skip welds, butt welds, lap welds, and others are depicted. For more information contact the NACE FirstService Department, 1440 South Creek Drive, Houston, TX 77084-4906. NACE International SP0178-2007 NACE International gratefully acknowledges the contributions of the following companies in the preparation of the welding samples and the fabrication of the die from which the plastic replicas have been molded: Ausimont USA, Inc.,12) Thorofare, NJ CenterPoint Energy,13) Houston TX S.G. Pinney & Associates, Inc.,14j Port St. Lucie, FL The Sherwin-Williams Company,(5) Cleveland, OH NACE also gratefully acknowledges the assistance of KTA-Tator Inc.,lsl Pittsburgh, PA, in developing the weld pattern that was used to mold the plastic replica of weld samples. In NACE standards, the terms shall, must, should, and may are used in accordance with the definitions of these terms in the NACE Publications Style Manual, 4th ed., Paragraph 7.4.1.9. Shall and must are used to state mandatory requirements. Should is used to state something considered good and is recommended but is not mandatory. May is used to state something considered optional. I21Ausimont USA, Inc., 10 Leonards Lane, Thorofare, NJ 08086. I31CenterPoint Energy, P.O. Box 1325, Houston, TX 77251-1325. 14) S.G. Pinney & Associates, Inc.. Corporate Office, 1326 S.W. Biltmore St., Port St. Lucie, FL 34983. (5) The Sherwin-Williams Company, 101 Prospect Avenue N.W., Cleveland, OH 44115. 163 KTA-Tator, Inc., 115 Technology Drive, Pittsburgh, PA 15275. ll NACE International SP0178-2007 NACE International Standard Practice Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service Contents 1. General.......................................................................................................................................1 2. Definitions...................................................................................................................................1 3. Design Practices......................................................................................................................... 1 4. Fabrication Practices.................................................................................................................. 3 5. Surface Finish Practices............................................................................................................. 3 Bibliography...................................................................................................................................... 4 Appendix A: Illustrations of Design, Fabrication, and Surface Finish Practices for Metal Tanks and Vessels to Be Lined for Immersion Service......................................................... 5 AppendixB: Recommended Responsibilities................................................................................11 Appendix C: Written and Graphic Descriptions of Various Degrees of Surface Finishing of Welds That May Be Specified in Preparation for Lining of Tanks and Vessels.... 12 MACE International Section 1: General 1.1 This standard presents standard practices for the design, fabrication, and surface finish of tanks and vessels to be lined for immersion service. Tanks and vessels may be lined for corrosion control or to prevent product contamination. 1.1.1 Appendix A (mandatory) contains illustrations depicting both good and bad practices for tanks and vessels to be lined for immersion service. 1.1.2 Appendix B (nonmandatory) contains a list of recommended responsibilities of the purchaser (user), designer, fabricator, fining applicator, and inspector to ensure that an acceptable lining application is achieved. 1.1.3 Appendix C (nonmandatory) contains written and graphic descriptions of five degrees of surface preparation of welds in tanks and vessels that may be specified prior to lining. The written descriptions of the five degrees of surface preparation of welds in Appendix C take precedence over the graphics and the companion visual comparator. The graphics are only SP0178-2007 pictorial representations of welds and grinding finishes and are not intended to be representative of the integrity of the welds. The "weld condition prior to finishing" is not a typical weld; it is only intended to illustrate defects in welds that must be corrected prior to lining. 1.2 Good welding practices and welding codes govern the integrity of the tank and vessel welds; this standard only addresses surface preparation of the welds for the purpose of lining the tank or vessel for immersion service. 1.3 Other design and construction codes or standards may be used to complement the details given here. When applicable, the requirements of such other codes or standards shall be considered. A partial list of such codes and standards can be found in the Bibliography. 1.4 These standard practices may be used in the design, fabrication, and surface finish of tanks and vessels for services other than immersion, such as dry bulk storage of solid materials. Section 2: Definitions Lining: A coating or layer of sheet material adhered to or in intimate contact with the interior surface of a container used to protect the container against corrosion by its contents and/or to protect the contents of the container from contamination by the container material. For the purposes of this standard, lining refers to a surface barrier, usually a thin film less than 500 pm (20 mil) thick applied as either a lining or a coating. In common usage, the terms coating and lining are interchangeable, but in this standard, only the term lining is used. The requirements contained herein may or may not apply to heavier, thick -film linings, sheet linings, trowel -applied and pumped -into -place finishes, plasma, 3.1 Accessibility flame -sprayed linings, fiber -reinforced plastic linings, or similar lining materials. Surface Finish: The degree of smoothness of a surface produced by the removal of sharp edges and the appropriate surface preparation of welds and other rough areas. The term surface finish is also used to characterize the degree of smoothness that is necessary to attain a surface to which the lining can be applied satisfactorily in accordance with the lining specification. Section 3: Design Practices 3.1.1 All surfaces of the tank or vessel interior shall be readily accessible for surface preparation and lining application (see Figures Al through Al0, Appendix A). 3.1.2 The manway diameter for working entrance and safety reasons during the lining application shall be as large as practical for the tank or vessel being lined. 3.1.2.1 If possible, at least one manway shall be located near ground (working) level, except in NACE International tanks or vessels designed to be buried below grade. 3.1.3 Additional manways and openings should be provided as needed to facilitate ventilation. These must meet safety requirements. 3.2 Joints 3.2.1 Continuous butt -welded joints shall be used whenever possible (see Figure A5, Appendix A). SP0178-2007 3.2.2 Rivets shall not be used. 3.2.3 The use of internal bolted connections should be avoided to the fullest extent possible. 3.2.4 Continuous lap -welded joints may be used but are not preferred. For sheet lining material, this type of construction may not be acceptable. 3.3 Connections 3.3.1 All connections to the tank or vessel shall be flanged. 3.3.2 Threaded connections should not be used in tanks and vessels operating in corrosive environments (see Figure A4, Appendix A). However, if threaded connections cannot be avoided in corrosive environments, these parts shall be fabricated of corrosion -resistant materials, or constructed as shown in Figure At 0, Appendix A. 3.3.2.1 CAUTION: Dissimilar metal (galvanic) corrosion occurs when, for example, an alloy is used to replace the steel bottom of a tank, or in a similar circumstance when alloy appurtenances must be part of the construction of a vessel. If a lining is then applied to the steel and part of the alloy (usually 150 to 610 mm [5.9 to 24 in.]), any discontinuity in the lining exposes a small anode surface. Once corrosion starts, it progresses rapidly because of the large exposed alloy cathodic area to the much smaller anodic area. Without the lining, galvanic corrosion causes the steel to corrode at the weld area, but at a much slower rate. The recommended practice is to apply the lining to all of the alloy as well as the steel, thereby eliminating the possible occurrence of a large -cathode -to -small -anode surface. 3.3.3 Nozzle connections to be lined shall be as short as possible and be a minimum of 50 mm (2 in.) in diameter (see Figure A4, Appendix A). Connections less than 50 mm (2 in.) in diameter shall be suitably attached through a reducing flange (see Figure A10, Appendix A). When trowel -applied thick -film linings are required, additional nozzle inside diameter shall be allowed for lining thickness. 3.4 Appurtenances Inside the Tank or Vessel 3.4.1 The standard practices in Sections 3, 4, and 5 shall apply to any item to be installed inside a tank or vessel that is to be lined. Such appurtenances include, but are not limited to, agitators, anti -swirl baffles, outlet connections, gauging devices, vortex breakers, and internal piping. 3.4.2 If appurtenances inside the tank or vessel, including nuts and bolts, cannot be lined, they shall be made of corrosion -resistant materials. (CAUTION: See Paragraph 3.3.2.1.) 3.4.3 If bolted connections are necessary and cannot be made of corrosion -resistant materials, the mating surfaces shall be lined before assembly. Gaskets shall be used on mating surfaces and the sealing surfaces of nuts and bolts to protect the lining. 3.4.4 Dissimilar metals shall be electrically isolated from the steel tank or vessel surface whenever possible. Where dissimilar metals are used, selection shall be such that the galvanic effect is minimized. Other corrosion mitigation methods may be required (see Figure A8, Appendix A). 3.4.5 Heating elements shall be offset from the tank or vessel surface to provide access for surface preparation, application, inspection, and cleaning. Elements shall be positioned so as not to damage the lining system. 3.5 Structural Reinforcement Members 3.5.1 Structural support members should be installed on the exterior of the tank or vessel. However, if such members are installed internally, they shall be fabricated of simple shapes such as smooth, round bars or pipe for ease of applying the lining material. 3.5.2 The use of internal flanged connections, stiffening rings, reinforcement pads, angles, channels, I -beams, and other complex shapes should be avoided. If they must be installed internally, these members shall be fully welded and welds and sharp edges ground to a radius of at least 3.2 mm (0.13 in.) or as agreed between the tank or vessel fabricator, tank or vessel owner, and lining applicator (see Figures Al and A6, Appendix A). 3.6 Heat Sinks 3.6.1 Heated, forced curing of lining systems is often preferred if not specifically required. During tank or vessel design and fabrication, especially with field - erected units, consideration must be given to avoiding or minimizing heat sink areas. Such areas might include opposite saddles or support lugs, flat bottoms on foundations, and stiffening rings. 3.6.2 These situations may be addressed either by tank or vessel design or by construction or insulation of the foundation or supports. Another possible solution is the use of temporary constructions, such as false floors or temporary shelters, to achieve uniform heating and curing. 2 NACE International Section 4: Fabrication Practices 4.1 All design practices in Section 3 shall apply to all fabrication. 4.2 All welding shall be continuous. Intermittent or spot welding shall not be allowed. 4.3 Fillets and corners must be accessible for grinding. 4.4 Field tanks fabricated for use with high -heat -cured linings (e.g., unmodified phenol formaldehyde thermosetting linings) should have bottoms suitably insulated and installed on properly drained foundations to facilitate proper cure of the lining on the floor of the tank. Because the sand -filled earthen foundation, concrete pad, or other similar foundation is a poor insulator, some means must be considered prior to the application of the lining either to override the heat sink or to distribute the heat uniformly. This may be accomplished in several ways: SP0178-2007 (a) with the use of properly sized heaters; (b) by placing the tank on a concrete pad topped with a 100-mm (4-in.) layer of vermiculite concrete; (c) by insulating with a high -compressive -strength structural grade insulation between the tank bottom and foundation; (d) by installing an internal temporary false bottom approximately 1.5 m (5.0 ft) above the floor of the tank prior to the final high -temperature bake; or (e) by other suitable means that practically and effectively ensure a properly cured lining on the tank floor. Section 5: Surface Finish Practices 5.1 Sharp edges shall be ground to a smooth radius of at prepare the weld surface and surrounding metal least 3.2 mm (0.13 in.) or as agreed between the tank or surfaces in accordance with the specification. Over - vessel fabricator, tank or vessel owner, and lining grinding, which would result in decreasing the wall applicator. thickness or the integrity of the weld beyond the limitations imposed by good welding practices, 5.2 Tank and vessel internal surfaces to be lined shall not applicable welding codes, or tank or vessel ratings, be marred by gouges, handling marks, deep scratches, shall be avoided. metal stamp marks, slivered steel, or other surface flaws. Flaws shall be repaired by welding or grinding, as 5.4 Automatic machine welds may be acceptable as appropriate. dictated by the specifications for film continuity. 5.2.1 Limits on surface flaw depth and geometry shall be set by agreement between the tank or vessel fabricator, tank or vessel owner, and lining applicator. 5.2.2 All restorative welding shall be performed according to applicable tank or vessel design codes, approved job -specific procedures, or both. 5.3 All rough welds shall be ground to remove sharp edges and other such irregularities (see Figure A2, Appendix A). Chipping may be used to remove sharp edges if followed by grinding. See Appendix C for written and graphic descriptions of five degrees of surface finishing of welds that may be specified preparatory to the lining of tanks and vessels. 5.3.1 The amount of grinding performed shall be judicious and performed only to the extent necessary to 5.5 All weld spatter and arc strikes must be removed. Chipping may be used if followed by grinding or the use of an abrasive disc. 5.6 If an anti -spatter material is applied adjacent to the weld area prior to welding, the anti -spatter material shall be one that is readily removable. Anti -spatter materials shall be removed prior to abrasive blasting. 5.7 When checking weld continuity, the tank or vessel fabricator shall avoid the use of oils, lubricants, or other foreign materials that would leave a contaminating residue not easily removed by abrasive blasting. 5.8 Surfaces shall be cleaned and decontaminated as required by the governing lining application specification(s). NACE International 3 SP0178-2007 Bibliography APII'I Standard 650 (latest revision). "Welded Steel Tanks for Oil Storage." Washington, D.C.: American Petroleum Institute (API). API RP 652 (latest revision). "Lining of Aboveground Petroleum Storage Tank Bottoms." Washington, D.C.: API. ASME(8) Boiler and Pressure Vessel Code (latest revision). New York, NY: ASME. Directive 97/23/EC (latest revision). "Pressure Equipment Directive (PED) " Brussels, Belgium: European Commission.lgl NACE Standard SP0294 (latest revision). "Design, Fabrication, and Inspection of Storage Tank Systems for Concentrated Fresh and Process Sulfuric Acid and Oleum at Ambient Temperatures." Houston, TX: NACE. American Petroleum Institute (API), 1220 L Street, NW, Washington, D.C. 20005-4070. gel ASME International (ASME), Three Park Avenue, New York, NY 10016-5990. Ise European Commission (EC), Rue de la Loi 200, B-1049 Brussels, Belgium. 4 NACE International SP0178-2007 APPENDIX A: Illustrations of Design, Fabrication, and Surface Finish Practices for Metal Tanks and Vessels to Be Lined for Immersion Service Full Seam We DO Skip Weld 2 Channels Back -to -Back DOWT DOWT FIGURE Al All construction involving pockets or crevices that do not drain or that cannot be properly abrasive blasted and lined shall be avoided. NACE International SP0178-2007 Inside of Tank or Vessel Grind Smooth tD DO Inside of Tank or Vessel Rough Pinhole Undercut t J DO N'T FIGURE A2 All joints shall be continuous full -penetration porosity -free welds. In tanks and vessels that require a 100% holiday -free lining, all welds must be smooth with no holes, high spots, lumps, or pockets. Grinding is required to eliminate sharp edges and high spots. Weld metal shall be used to fill in undercut or pits. Inside of Tank or Vessel - DO DON'T FIGURE A3 All weld spatter shall be removed. 6 NACE International Flanged Outlet t I Overall Length Shall Be as Short as Possible i Pad Typo Round Corners DO Slip -On Flange Inside of Tank or Vessel 1 Round These Corners Inside of Tay Vessel DO FIGURE A4 DON'T DON'T .7i lal N Corners SP0178-2007 The outlets shall be flanged or pad -type rather than threaded. Within pressure limitations, slip-on flanges are preferred because the inside surface of the attaching weld is readily available for rounding edges and grinding. If operating pressure dictates the use of weld neck flanges, the inside surface of the attaching weld is in the throat of the nozzle, making repair of surface irregularities by grinding rather difficult. NACE International 7 SP0178-2007 Inside of Tank or Grind Smooth Vessel DO Inside of Tank or Vessel Continuous Fillet Weld DO Inside of Tank or Vessel M�*eo. "M Gap Inside of Tank or Vessel Weld Gap DON'T FIGURE A5 Butt welding shall be used whenever possible rather than lap welding or riveted construction. Inside of Tank or Inside of Tank or Angle Vessel Vessel Stiffener Li DO DON'T FIGURE A6 Stiffening members should be on the outside of the tank or vessel. a NACE International DO Roof = Eliminate Crevice Shell DON'T SP0178-2007 Inaccessible for Grinding or Proper Lining Application Inside of Tank or Vessel FIGURE A7 Roof -to -Shell Joint. Eliminate crevice and lap weld at roof -to -shell joint in a tank or nonpressure vessel. Pit (Anode) Steel Protective �- Lining Alloy (Cathode) DO +— PI(Anode) Steel Protective �— Lining Alloy (Cathode) DON'T FIGURE AS Dissimilar metal (galvanic) corrosion occurs when, for example, an alloy is used to replace the steel bottom of a tank, or, in a similar circumstance, when alloy appurtenances must be a part of the construction of a vessel. If a lining is then applied to the steel and part of the alloy (usually 150 to 610 mm [5.9 to 24 in.]), any discontinuity in the lining exposes a small anode surface. Once corrosion starts, it progresses rapidly because of the large exposed alloy cathodic area to the much smaller anodic area. Without the lining, galvanic corrosion causes the steel to corrode at the weld area, but at a much slower rate. The recommended practice is to apply lining to all of the alloy as well as the steel, thereby eliminating the possible occurrence of a large -cathode -to small -anode surface. NACE International 9 S P0178-2007 Tank Shell —•--+ Inside of Tank or vessel This area is inaccessible for lining application Screwed Nipple for Use Dunng lydernal Dished Head Fabrication and Heat Curing of Thermosetting Linings �_� It is recommended that the plug be left out for venting and the hole plugged Installation of Curved (Preferred) or Fiat with grease to prevent Plate, Fully Seel -Welded and Ground, to atmospheric corrosion of Biminate Inaccessable Area for Proper thethreads. Surface Preparation and Lining in Mum -Compartment Tanks Constructed with Dished Heads Between Compartments FIGURE A9 A technique (detail of fabrication) to allow for good continuity of lining application for inaccessible areas such as those in multicompartment tanks or vessels. _25 mm (1.0 in.) thread nipple If an alloy flange is required, the designer should consider I F", the use of insulating sleeves and washers as a protection Slip-onFlange 50 mm against galvanic corrosion. (2 in.) inside erall length shall be as Iort as possible. / Line completely to bod Inside of Tank or vessel circle. Grind and Radius FIGURE A10 Minimum 50-mm (2-in.) diameter nozzle required for most thin-film linings. Thicker -film linings may require a larger -diameter nozzle. This diagram also illustrates fabrication practice where a threaded connection is required in a tank or vessel that requires a holiday -free lining. 10 NACE International SP0178-2007 APPENDIX B: Recommended Responsibilities This appendix is a list of recommended responsibilities that B1.3 Responsibilities of the Designer should be assigned to the purchaser, designer, fabricator, lining applicator, and inspector in order to obtain a properly B1.3.1 The designer should be responsible for designed and fabricated tank or vessel for interior lining. including the required fabrication and surface details on all sketches and drawings related to the tank or vessel. B1.1 Joint Responsibilities B1.1.1 The purchaser, designer, fabricator, lining applicator, and inspector(s) should review and agree to the requirements involved before contractual agreements are made. 81.1.2 The purchaser, in agreement with the fabricator and lining applicator, should assign responsibility for inspection of fabrication, surface finish, and lining application, and such responsibility should be defined in all contracts. 61.2 Responsibilities of the Purchaser (Owner or User) B1.2.1 The purchaser should be responsible for specifying and/or approving the detail requirements for design, fabrication, and surface finish to all parties concerned. 131.2.1.1 The detailed requirements should be fully described in writing and include drawings of the tank or vessel to be fabricated and lined and service requirements. 131.2.1.2 The purchaser should advise the designer, fabricator, lining applicator, and all inspectors of the detailed requirements, including time schedules, inspection, and acceptable requirements, in writing. B1.4 Responsibilities of the Fabricator 81.4.1 The fabricator should be responsible for adhering to the fabrication and surface finish details shown on the working drawings and described in the tank or vessel specifications. B1.4.2 Responsibility for an inspection of the blast or any additional welding, grinding, or surface finishing that may be revealed by the surface preparation for lining, plus any subsequent reblasting, should be defined in the lining contract. B1.4.3 The fabricator, when checking the quality of the weld, should use only those materials that can be readily and thoroughly removed by the fabricator after completion of the inspection procedure. 81.5 Responsibilities of the Lining Applicator 131.5.1 Responsibility for additional welding, grinding, or surface finishing that may be revealed by the surface preparation for lining, plus any subsequent reblasting, should be defined in the lining contract. B1.6 Responsibilities of the Inspector(s) B1.6.1 A qualified inspector whose qualifications and affiliation are acceptable to all parties should be responsible for the verification of fulfillment of design, fabrication, and surface finish requirements. NACE International 11 O 4 .= 0 0 N CID r- r O CL N a a 6100 n j s a> y 03 d) 0 � aa. o .Q a zcaE CL Q d Q< 0arc J Z Z 2 2- 3 L y W Qaiy € LZ iE o E y� j 't c c) `o _ O 1 Oi Q) d) G'Q6 Qy Q W W Q W 00 O "6 y "6 C O 9 Q CLQ CL OL O V O i- Q) ` 4 d Q m m o y 2 2 Z Z vl r 4i O T W L 4L t c y 0) y W t/� n .E 0 C C W Q) y �U O -O L) O a CL Q a ,m a y C 16 C c a W oy� W Ur' aCaa-C 9 O y 3 Q a y _ O > O y w r7l�i C y r!� 0 Q. N al C N 3 O Ol L C r E O C a) •� m y 06 O N O w L y 0 O y 0,1 Q w O E O. O ai Ty a C O 3 � a �wOU OL a .L-. 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O N CL N n�m � m C � W > E + O L 0 C 2 CLC C c CO O a 0 �5 41 L �Nc ar �� acirt one ass m a�a° > Sv F- E`o(D W ao N T n 0 0 N OD n 0 a N 0 N o.N N aaa �5 h c c c y c o c y N > 203E ns i Q.� 1 E � a N E - C a c L m s N N U O _ of t,ba a c Fes• — o6 a EC6 oN mC ON ° 8a° y 9 a> coca wYf v� H L-a y N C O C 76 O > C O C O y O E N O a O : a O as y a .S 13 { Ea 39 a 03 '6 0 c N O - a b�c a c�¢-g�� Q ° N N v O c a N N w n C. g as E W r lz IT) L N O NO - a)x O 0 io Qa]] L5 5 a N.0 Q Q7 O O 7 Q co — > s o E a 7 w sa w ° a _ c N )cm Aicd C Y C C C O 0 O a` c 0 p a O v w Q7 -C tT c 3 0 o ma a .RQ 0 N N N O T c O a, E .- c osri, _ � 0) a cL m C O _V N o F a) _3 ohs S3 GLIi C a r iB C Ol O E Eh o i ui a y.Nc o � �V (DLD � L ?N 61 °U Q � c Q> wd o > �- o rn v 61 .0 7 �YC w EU1 r7 N 3 U L RS lQi ES QI Q O � N os o E w v N a�� y Nw w 0 13 0 0 E w °' o O C Z � 6 � Q7 r!! ca ccait m Q'.c 0 m is-om o c � C-b7, n . a'C ,9 -s 2 W S C RS p ba OR .r I._ O O f2 O a zm a C U O 0 rnau m o E C x C fl' O Qa OO N CL U- ,u aI U a a a O O W a a •tQs�m� E a a� E a a ar � - x c .0 C: c � a�4$'•a�-� ago fl o c so s d c n C � � N a O_ G E p 9 O. 5 O -0 Q. o CL C1 o U N B C O- E aci a C: -0 ° no a� e >�00 N 00 =ws 73 a) a o rn� a�3 M w U Q Z SP0178-2007 ISBN 1-57590-167-6 NACE International APPENDIX D PAINT CHIP LEAD TEST RESULTS CORROSION CONTROL CONSLIXANTS & LABS, INC. a CPI company ANALY IrIC'AL LABORATORY REPORT Monday, Noyember 3, 2014 Pine 1 of 3 CUS'COMER: KLM Engineering, Inc.. DATE RECEIVED: Friday, October24. 2014 PO Box 897,3394 Lake Limo Aye N PO/PRO.IVC l' #: V N3234 laic: I:Inio. MN 55042 SI BAII TAL #: 2014-10-24-004 LAB tiLi:ViAlvW AB8b137 Sampled By; i)aoid Montgomery Date Sampled: %xhimda-. 0auber 15., ?Oi4 .Cob t ocation: New Hupe, N4N Sample Description: Paull Chtp:: Sample Identification:I bitehol-Wi-I Preparation Method: LP.A 305013-P-M I Acid Digestion for Paints) Analysis :Method: LPA b01 OC• ()CP-Al s Method for Determination oI ivietals) .Date Analyted: 'I uesday. October 28, 2014 RFPORCING ELL•lIFwl' HESLIUT tbydn weig-lit) L1M11 (PW Cadmium < Rl, 0.00075 °o Chromium < Rl, i1.0013 0'0 Lead < RL 9.0025 % I,AB NUMBER: AB86138 Sampled Bv: David Monts,. er% Date Sampled: %Mnesclay. (':.:oohs 15. A 14 Job Location; ,lcw 1fopp.;.'^ Sample Description: Petrai.loops Sample identification: 2. F \tmim Pont Preparation Method: EPA 305013-P-M ( Acid Digestion tar Paints) Anal.si` Method: EPA 6010C (I(P-Af S Method for Determination ork4ctak) Date Anatyzed: fuesday. October 28, 2011 REP0WrlNr Et.F.YIEtiT RFSbLTftdrvw' tf LIMIIIRt,I Cadmium < RI, 0.00075 % Chromium 0.012 % 0.001_ % Lead < Rl. 0.0025 % lABN"BER: ABM139 sampled By: David Monigorrim- Wit Sam pled, Wcdne,igy, fivwber t•. 'n14 Job Location: New Hope. NIN Sample Description. Paton, Chips Sample ldentit'catiew _ Extewv Sbdl Preparation Methoil: EPA 3050B-P-M (Acid Digestion for Paints) Analysis Method: EPA 60I0C ( I P• ALS Method ibr Determination of Mw-tals) Date Analyzed: i uesda%. October 18. 2014 RLPORTiN(; t l,(;h[Ffi7 RE$UL1 i'bide weiebti LIMIt (RI Cadmium : RL 0.00075 0.;) Chromium 11.0018 % 01 9W Sao Lead < RL (0025 % t (:CK i_ has abiauuyi arelethtanos nidet the piogmms detailed on dx final page .tithe lalxuatury report 'o he a crediCv nrzt r ettam ott)y to the to nog perto med tnr dze elcinents, and to accordance with ae lot methnda. listed in the mope of aeLredttatwn table Testing which es �erformcYl U•. ("(i 6 L acwrdng to other test methods. ov fur clemcnts wtuch are not o whided uz tin table fail o to le if the c•trt mt .,; pc ntlabcaatnoy acer elite. uti ihi; reprrt shall n,a Ue reprcd,n eel uacept w M, wrtbnw written apptr,val +v i cr&l, 4-413DhadcerCTSt: Kentw.x.d.Mi49SP-4q54 (6ih)y4t1-tll2 mvwccclabscom uww@pntetcum CORROSION CONTROL CONSULTANTS & LABS, INC,. a GPI Company ANALYTICAL LABORATORY REPORT Monday. lv'overn(xr 3.2014 Page 2 ot'3 CUSTOMER: KI.M Lngineering, Inc. DATL•: RE('ftN'ED: Friday, October 24. 2014 PO Box 897, 3344 Lake Elmo Ave"N PO/PROJECT #: MN3234 Lake Einto. MN' 550.12 SUBMITTAL#: 2014-10-24-004 1 AB NOMHER: AR86140 Sampled Bv: David Montgomery .)ob L Kvifion: Hope, 1i\ Sample Identification: 4 I'marior Raw Preparation Method: F,PA 3050E-1'-M (:'Acid Digestion for Paints) Analysis Method: CP,A 6010C (ICP-AES Method litr Determination of Metalc) Date Analyzed: Fueada}, October-2 8. 2014 REPORTING ELEMFNF RESULT (bsdrtiweight) LIAi1T(RL) Cadmium < RI. 0.00075 % Chromium 0.0027 % U.0U 13 eye Lead < RL 0.0025 % Date Sampled: llvdne day, October 15, 2014 Sample Description: Fatal Chip, has obtained accreditation under the programs detaaded tin the final page of the labomtory report Die au,cdttattnu, pertam only t,1 the testing roi'ormed for the Mlements and to accordance with the tcq methads, listed at floc ec%v ofaccreditanon table 'Coining which is perfixtued by t'('( &I according lu other irit meibo&. or hir elements which are not included in the table fall outside of the current swpe of labotatory accreditation. This report ahall not hr reproduced vxc epi in MI. without w miter aliproval of i'(:t'&L. .t40?Don4uC'rSi: Kentv,,od_'41445i14054 f616194€Hii72•wwwc.ctabs_com wN-erinet_com CORROSION CONTROL CONSULTANTS & LABS, INC. a GPI company ANALYTICAL LABORATORY REPORT -Monday, November 3, 2014 Page 3 of 3 C1WFOMEk KI M Engineering, Inc. PO Box 897, 3394 Lake Elmo Ave N Lake Elmo, MN 55042 DATE RECEIVED: Friday, October24, 2014 P01PROJECI' #: MN3234 SUBMITIAI. #: 2014-10-24-004 Unless otherwise noted. the condition of each sample was acceptable upon receipt, all laboratory quality control requirements were met, and sample results have not been adjusted based on field blank or other analytical blank results. Individual sample results relate only to the sample as received by the laboratory. ff c�s,�<� Michael15v�ivch Tests Reviewed I y: Michael J. Swiech, QAIQC Manager 2014.11.031Q4aA7 -05'00' CCC&L has obtained accreditation under the following programs • National Lead Laboratory Accreditation Program (NLLAP) ELLAP: AIHA-LAP Laboratory ELLAP Accreditation Program Laboratory, 10#101030 (www.aihaacxreditedlabs.grq) OH. Ohio Department of Health Lead Poisoning Prevention Program, Approval #E10013 (rMy. L9hlg.4ey) • AIHA-LAP Laboratory IHLAP Accreditation Program (www.aihaa=ea dit9d!g_q ore) LHLAP: Laboratory iM01030 • National Environmental Laboratory Accreditation Program (NELAP) NY: State of New York Department of Health, Laboratory ID#11609 (Serial # 50712, 50714-60716, 51544) (518-485-5570) LA: State of Louisiana Department of Environmental Quality, Laboratory ID#180321 (Certificate 05036) ( www.clee.loutsLane.twv) OK: Oklahoma Department of Environmental Quality, Laboratory ID#9993 (Certificate 2014-025) ( www.deu.state.oku5) Testing which is performed by CCC&L according to test methods, or for elements which are not included in the table below fall outside of the current scope of laboratory accreditation. Customers are encouraged to verify the current accreddaWn status with the individual accreditation programs by calling or visiting the appropriate website for the applicable program. SCOPE OF ACCREDITATION Air and Emissions ElemenUTest M to hod Ac erediitation(sl Suspended Particulates: PM101 TSP 40 CFR 50 Appendix J 140 CFR 50 Appendix B NY, LA Lead inAirbome Dust NIOSH 7300 ELLAP, OH, NY, LA Lead in Airborne Dust EPA B001R-931200/ EPA 601 CC ELLAP, OH Metals in Airborne Dust EPA 600/R-93r200/ NIOSH 73001 EPA6010C IHLAP Surface Coating: Density ASTM D1475 NY Surface Coating: Percent Solids ASTM D2697 NY Surface Coating. Percent Water EPA 24 NY Surface Coating: Volatile Content EPA 241ASTM D2369 NY Solid Chemical Materials ElempylUTEM Method Accreditation(s) TCLP EPA 1311(Sample Preparation Method) NY, LA, OK Lead in Soil EPA 3050& EPA 801 CC ELLAP, OH, NY, LA, OK Lead in Paint EPA 30506/ EPA 601 CC ELLAP, OH, NY, LA Lead in Paint ASTM D 3335-85A/ EPA 601 CC NY Lead in Dust Wipes EPA 305081 EPA 6010C NY, LA Lead in Dust Wipes EPA600IR-9312001 EPA 601CC ELLAP, OH Ignitability EPA 1010A NY Element(Test Arsenic Banum Cadmium Chromium Copper Lead Mercury Nickel Selenium Silver Zinc Cobalt Manganese Acid Digestion Non -Potable water / Analysis by ICP Method Accreditation(s) EPA 6010C/ EPA 200.7 Rev 4 4 NY, LA, OK EPA 6010C/ EPA 200.7 Rev 4.4 NY, LA, OK EPA 6010Cf EPA 200.7 Rev 4.4 NY, LA, OK EPA 6010C/ EPA 200 7 Rev 4.4 NY, LA, OK EPA 8010C/ EPA 2007 Rev 4.4 NY, LA, OK EPA 601 OC/ EPA 200.7 Rev 4.4 NY, LA, OK EPA246 1 Rev.31 EPA7470A NY, LA, OK EPA 6010C/ EPA 200 7 Rev 4A NY, LA, OK EPA 601oC1 EPA 200.7 Rev 4.4 NY, LA, OK EPA6010CI EPA 200.7 Rev 4.4 NY, LA, OK EPA 6010C1 EPA 200.7 Rev 4A NY, LA, OK EPA 3010A NY, LA Solid Chemical Materials Method Accreditation(s) EPA6010C NY, LA EPA6010C NY, LA EPA6010C NY, LA EPA 6010C NY, LA EPA6010C NY, LA EPA6010C NY, LA, OK EPA7471B NY, LA EPA6010C NY, LA EPA6010C NY, LA EPA6010C NY, LA EPAS010C NY, LA EPA 6010C NY, LA EPA6010C NY, LA EPA 3050E NY, LA 11its report strati oil lie repredticed efiCCpl in full, without written approwd of C(_ C&.L. 4403 Drinker CT SE Kixitwood, Ml 495124054 (616) 940-3112 • www.ecclabs.com • www.gpinet com 4 C; z z z CL C a •-cL 3 Q (iiftyj w w CL 6I LD j [C ,z A} a o N $ o = U > o o `a o.f- t: o `° m `c E ° " a row �► c 0 1 E }'a m 0 ►- w i° to n g s 02 m w cc E v . _ sv ,O W v C - ED z ti G 0 w Q"{Qgg ti 00 it ( a M G Q _ 1p .. n a►�o�cAIxcn0- Z tLA L O v E g� G G 0 ©N Q .07} -rD m O Un w 0 m � L. L- &0 � m $-i > � z O a C mmw 0 0 (y� -0 c w w otS Z z o� 0"�- a2 +� m O d La u,m co E -- u: E to ow 0 ,_3 CKo to CI4 )inG❑ a Q.iuc0 w �0) i o`�)¢ co 'm y O OD p ©d C ar i a.• m _ (�} coo = x " Q {a m 3- w e w +« U� a¢—¢j��� m m �-- N mt� w F OCw ���a © d Om Y � ztut- �u ow V r atatoti�iCS it�ao 0as C3wt =8E ±- m ri i r C: r= L H L7' C CL w m � I m 0 IN APPENDIX E METHODS FOR ASSESSING STAINING AND BIOFILM IN WATER STORAGE RESERVOIRS AND RECOMMENDED REMOVAL OPTIONS KLM Engineering, Inc. Methods for Assessing Staining and Biofilm in Water Storage Reservoirs and Recommended Removal Options Through years of experience in cleaning water storage reservoirs, KLM Engineering has developed a scale to measure the level of staining and biofilm on reservoir surfaces. It consists of a scale from 1 to 10, with "1" representing a completely clean surface and "10" being stained to where the surfaces are totally black. 2 3 4 5 6 7 8 9 20 Reservoir Staining Assessment Scale Biofilm is found on all surfaces that are in constant contact with water. Mineral staining provides a conditioned growth surface for the biofilm and is a good indicator of the sanitary conditions in the structure. Using either direct observation during a floatdown or dry tank inspection or an assessment based on pictures and video taken during an ROV inspection, KLM can provide an accurate overall estimate of the level of staining and biofilm in a water storage reservoir. The results give a good indication of remediation techniques required to address any issues in the reservoir. While each situation is unique and may require special considerations and procedures, the following overview provides the basis for our recommendations for the various levels of staining: Staining levels 1 — 3: o The surface has minimal mineral staining and onset biofilm formation. The surface is in good condition and chlorine is being consumed, but not at excessive levels. The surface can easily be fully inspected. o Reservoirs in this stage do not require full bio-remediation, but may benefit from an economical maintenance -level chemical cleaning to remove biofilm and mineral staining before it can begin causing problems, and becomes harder and more costly to address. Staining levels 4 — 6: o The surface has obvious mineral staining and is conditioned for biofilm growth. The bio-burden in the system may vary, but the biofilm is maturing and increasing chlorine demand. The surface is partially obscured by mineral staining and inspections become more difficult, and defects may not be identified in their early stages. o Reservoirs in this stage can be more difficult to fully clean and may require full bio-remediation before sanitary conditions are established. KLM recommends chemical cleaning of these reservoirs to remove the biofilm before it causes bio- corrosion to the structure or begins to harbor any harmful bacteria or protozoa and to enable complete inspection of the surface. • Staining levels 7 — 10: c The reservoir surface is dark with mineral deposits and its integrity cannot be fully evaluated during inspection. Biofilm is mature, consuming chlorine and producing disinfectant byproducts. KLM strongly recommends cleaning these reservoirs as soon as possible to remove the existing biofilm that has covered the entire surface and to enable the coating and structure to be fully inspected. Staining and Biofilm Removal Process The following process will remove both the biofilm and all mineral deposits. This will require the reservoir to be taken off line and completely drained. • An initial cleaning of the reservoir floor or bowl is performed to remove sediment and solids. • The reservoir will then be pressure washed to remove the bulk of the slime and biofilm. o Gentle pressure washing is key to maintaining the integrity of the surfaces — aggressive pressure washing will cause abrasion and condition the surface for biofilm regrowth • Chemically clean the reservoir using a mild solution with powerful sanitizing capabilities. o Our system offers sanitization up to 20 times more effective than peroxide -based alternatives. o Because KLM's formula uses the very latest developments in chemical cleaning, complete results are achieved with no risk to the public, operators, infrastructure or the environment. o All alternatives of competitors use harsh chemicals that are dangerous to work with, and tend to cause damage to coatings and the structure. In addition, they require neutralization or 1:500 dilution for safe disposal. • After chemical cleaning, the reservoir is thoroughly rinsed with clean water. • The reservoir is now completely sanitized and can immediately be brought back into service. • This procedure is efficient, but treatment times are dependent on the specific conditions of each reservoir. • All chemical solutions utilized by KLM are NSF-61 approved for use on surfaces in contact with drinking water. Benefits of Chemically Cleaning Water Storage Tanks and Reservoirs By removing the growth in the reservoir, less chlorine will typically be required and residuals will be easier to maintain. Disinfectant byproducts and chlorine -induced corrosion to the infrastructure will be greatly reduced. Taste and odor will be improved by both removing biological material and reducing chlorine demand. Removing the biofilm will improve the quality and safety of the water and help maintain the integrity of the reservoir by eliminating bacteria and bio-corrosion. Cost benefits include: • Reduced chlorine demand • Structural lifetime is extended by ensuring that defects are discovered and addressed at earlier stages, as well as reducing chlorine and biologically -based corrosion. • The risk of regulatory problems is reduced, which prevents the need for costly corrective actions. • System down time is reduced as the cleaning process also sanitizes the surfaces — no additional chlorination and retention time is required before returning the reservoir to service. Additional Information KLM offers additional services that complement the reservoir cleaning and magnify the overall benefits, including: • Filter media regeneration o Chemical cleaning and regeneration of anthracite and silica sand, which restores functionality and can delay replacement for decades. • Distribution pipe cleaning o A unique service that non -invasively removes biofilm and mineral deposits from distribution piping. o Further reduces chlorine demand and corrosion in the system, while improving water quality, taste and odor. o Restores flow rates while reducing energy required for pumping. By combining regular maintenance of filter media, water storage reservoirs and distribution piping, continued supply of world -class water is guaranteed and infrastructure lifetime is greatly extended. This Page Left Blank Intentionally (3 Stantec BIDDER: -Me- O55£U C0nSf►'"C'f-)0r, CO. LL G DOCUMENT 0041 10 BID FORM 500,000 GALLON WATER ELEVATED TANK REHABILITATION PROJECT NO. 193604156 CITY PROJECT NO, 1008 CITY NEW HOPE, MINNESOTA 2018 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428-4843 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to B'dders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening. or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has exon-,ined 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. 6ddendumDD-um B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work, D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect 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 F. 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 prices) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 0 2018 Stantec 119M41 56 00 41 10 - 1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an 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 prices) 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 1 1,03.8 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and 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 Unit Price Total Price PART 1 - BASE BID WATER TOWER REHABILITATION: 1 MOBILIZATION 2 EXTERIOR CLEANING, SURFACE PREPARATION, DISPOSAL, AND PAINTING (INCLUDES NAME SIGN/LOGO) 3 INTERIOR WET CLEANING, SURFACE PREPARATION, DISPOSAL AND PAINTING AS SPECIFIED 4 STRUCTURAL REPAIRS AND MODIFICATIONS LS 1 $ slyL+r++o • 00 $ 30, -c—no �ow LS 1 $ 00,bOa.60 $ I' 0, 000,0 LS 1 $ 140, 000. bD $ Ho. 0 > ; . 0*� LF 1 $ gy,em-oib $ sLi,aco•rx) 0 2018 Stantec 1 193804156 0041 10 - 2 BID FORM No. Hem UnHs Q1y Unk Pdce Total Pdce 5 WELDING, GRINDING, AND REMOVAL OF ERECTION BRACKET HR 100 $ 00•c+0 l SCAB MARKS AND WELD SPATTER 6 FULL NEGATIVE AIR CONTAINMENT LS I $ R-L) a -co $ TOTAL PART 1 - BASE BID WATER TOWER REHABILITATION: $ �i�pU. DGt7.L�D ALTERNATE NO. 1 - MIXER 7 PROVIDE MIXER PER SPECIFICATION SECTION 33 01 16 TOTAL ALTERNATE NO. 1 - MIXER BASED ON THE CONTRACT TIMES PER THE AGREEMENT FORM (SECTION 00 52 10, ARTICLE 4), PROVIDE PROPOSED CONSTRUCTION DATES: PROPOSED START DAIE: SUBSTANTIAL COMPLETION DATE: FINAL COMPLETION DATE: LS I $ 2.1,OOo. oL) $ Z.II. O Oo• oo Z0 / Fir 7 ols' Nov 0 2018 Stantec 1 193804156 0041 10 - 3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.E of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. B. Bid Form Attachment A - Responsible Contractor Verification and Certification of Compliance 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A_Corp-onation SUBMITTED on QS' de-7 _.., 2018. Corporation Name: State of Incorporation: -AL) Type (General Business, Professional, Service, Limited Liability): By: ------- - - (Signature) Name (typed or printed): Title: Attest _._ (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Email.: 0 2018 Stantec 1193804156 0041 10 - 4 BID FORM An Individual Name (typed or printed): By: /—^`— (SEAL) (Individual's signature) Doing business as: �% e ()SS e o Co-)54'7kcJ7d,--, Co. LL C. Business Street Address (No P.O. Box Ws): iL4ZyQ 1v°`'' Sfe--e- -e-+ OSS-e-o, Iry 31: G q-7 5 8 Phone No.: — t z, Email.: + P C) -P ( F-(:!)+cc- . LOUra — - - A Partnership Partnership Name: By: --- (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box Ws): Phone No.:._- Email.:__ --- END OF DOCUMENT © 2018 Stantec 1 193804156 0041 10 - 5 BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: 500,000 GALLON WATER ELEVATED TANK REHABILITATION Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, MINNIMUM CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements. (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (i i i) has a valid federal tax identi llcalion number or a valid Social Security number if an individual; and (iv) has riled a certificate of authority to transact business in Minnesota with the Secretary of Slate if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177,24, 177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United Slates Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* BID FORM ATTACHMENT A © 2018 Sfantec 1 193804156 0041 13 - 1 (3) IThe contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* * Any violations, suspensions, revocations, or sanctions, as delined in clauses (2) to (5), occurring prior to July I, 2014, shall not be considered in determining whether a contractor or related entity meets the minitnum criteria. (6) I 'Minnesota contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they nicet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications or compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contactor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. BID FORM ATTACHMENT A © 2018 Stontec 1 193804156 0041 13 - 2 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verity compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CEIITIFICATION By signing this document I certify that I am an owner or officer of the company, and I swear under oath that: 1) My company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) 1 have included Attachment A -I with my compau,y's solicitation response, and 3) if my company is awarded a contract, i will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer: Printed Name: �.� .•-�v-r-v�2'�_G� /?---may �---�--• %//Yi O r /2. y � PB� — Title: F Date: Company Name: Swn pAo and subscribed before the this i' ► a7 day of F 20j co Notary Public r r My Commission Expires:'. '---------- W �!'A1r��1�LRl �O r G'Z_ .C� --PUS -JAZZ ..-- NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractof/ytQ�n�!'h�itation document, a contracting authority may award a construction contract to the responding pK�f4ftg4*t0r even if the minimum criteria in subdivision 3 are not met. BID FORM ATTACHMENT A 0 2018 5tantec 1 193804156 0041 13 - 3 ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: 500,000 GALLON WATER ELEVATED TANK REHABILITATION Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Submit this form with the Bid Form. FIRST TIER SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) office is located BID FORM ATTACHMENT A 0 2018 Stantec 1 193804156 0041 13 - 4 ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: 500,000 GALLON WATER ELEVATED TANK REHABILITATION This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Submit this form to the Project Manager. ADDITIONAL SUBCONTRACTOR NAMES I Name of city where company home (Legal name of company as registered with the Secretary of State) office is located BID FORM ATTACHMENT A 0 2018 Stontec 1 193804156 0041 13 - 5 ADDITIONAL SUBCONTRACTOR NAMES I Name of city where company home (Legal name of company as registered with the Secretary of State) office is located SUPPLEMENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document, I certify that I am an owner or officer of the company, and I swear under oath that: All additional subcontractors listed on Attachment A-2 have verified through o signed statement wider noth by an owner or officer that they meet minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.28.5. Authorized Signature of Owner or Officer: -Zr L � Title: Company Name: .%vornLo and subs •rihed before me this . c, q—S;A1r-Y 64 _. 20 rJQ, Notary Public My Commission Expires: 2 Printed Name: Date: MW _CO�p `G.Z` ----------- --.PUS ►---�P•..... O�IIIIW;g END OF SECTION BID FORM ATTACHMENT A 02018 5tantec 1 193804156 0041 13 - 6 1 '1 prl t = Document A310 TM - 2010 Bond No. RB0073797 Bid Bond CONTRACTOR: 'Maine, legul stanfs and adrb•ess) The Osseo Construction Co. LLC SURETY: 14248 - 10th Street (Name, legal slaltrs and principal place ofThls document has Important legal P.O. Box 143 Osseo, WI 54758 business) consequences. Consultation with an attorney Is encouraged with Granite Re, Inc. respect to Its completion or 14001 Quailbrook Drive modification. OWNER: Oklahoma City, OK 73134 Any singular reference to (Marne, legal stales and address) Contractor, Surety, Owner or other party shall be considered City Of New Hope plural where applicable. BOND AMOUNT: Five Percent of the Bid Amount (5% of Bid Amount) PROJECT: City Project No. 1008.500,000 Gallon Water Elevated Tank Rehabilitation (Name, location or a(lclress, and project number, if art)) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which (he Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such lime period as may be agreed to by Ilse Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Conti -act Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for (he prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When Ili is Bond has been furnished to comply with a statutory or other legal requirement in the location of (lie Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed tin lied this 26th day of February, 2018 fitness) (Witness) The Osseo Construction Co. LLC (Pr/ndpart) I) (Tide) fll r41e_ KAI Granite Re. Inc. (Surety) (Seal) (Title)Nlcholas Hochban, Attorn-In-Fartt CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A3101�— 2010. Copyright 01963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARN irJG: ,, A t A -o;o omoIi �, pr<t— lro 1!y ILA t U�+•Y!!1hI t.i:: anti In12r0 n t:'r!.,I . !n Ilndul?sari, :,I r:•I�r:?::!:'torn or Ul,h rt:u bun of 'I;!., A!'. - 1•U: nmant: ., :.ry t,•u t,: 0„ ,t, n,,y suit ui su•-err canf:n r:;l d .urna� . l per�dll lay :vxl ndl hey , ;ul^C li. the ,.Imam Uml,u !. • ]- Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org, 061110 ``..'' ACKNOWLEDGMENT OF PRINCIPAL (Individual) W State of � ) County of ° , ,42 ) On this day of lakin the year before me personally come(s) iub•2y S._ i�,:ia�/cam to me known and known to me to be the person(s) who (is) (are) described in T ` and executed the foregoing instrument and acknowledge(s) to me that _ he executed the same. P IVO// ��� •• 4 % �. Notary Public a _ C7 ; 0 AR Y Z G Cq ACKNOWLEDGMENT OF PRINCIPAL (Partnership) ti P13,6%; State of _ ) ''•���iq•OF•�G `�� County of On this day of I in the year before me personally come(s) a member of the co -partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) County of On this day of in the year before me personally come(s) to me known, who, being duty sworn, deposes and says that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 26th day of February, in the year 2018, before me personally come(s) Nicholas Hochban, Attomey(s)-in-Fact of Granite Re. Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attomey(s)-in-Fact of mite Re. Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attomey(s)-in-Fact of the said company by like order. ,< MOREA MARIE CON1,100 DEES NOTARY PUBLIC - MINNESOTA Notary Publlc A^/ Commission Exp.'fes Jan. 31, 2020 GRANITE R.E, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY In the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES; NICHOLAS HOCHBAN its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all ads and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE; WANDA FRANZ, TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES; NICHOLAS HOCHBAN may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 141' day of June, 2017. Kenneth D. Whittirigron, President STATE OF OKLAHOMA ) $ E A L COUNTYOFOKLAHOMA ) Kylek. McDonald, Treasurer On this 14*1 day of June, 2017, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attomey was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: M „,,.r August 8, 2021 (y Commission #: 01013257 t` '� GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 26th day of February 2018 Kyle P McDonald, Secretary/Treasurer GR0800.1 Office of the Minnesota Secretary of State Certificate of Authority 1, Steve Simon, Secretary of State of Minnesota, do certify that: The following business entity has duly complied with the relevant provisions of Minnesota Statutes listed below, and is formed or authorized to do business in Minnesota on and after this date with all the powers, rights and privileges, and subject to the limitations, duties and restrictions, set forth in that chapter. The business entity is now legally registered under the laws of Minnesota. Name in Minnesota: Name in Home Jurisdiction: File Number: Minnesota Statutes, Chapter: Home Jurisdiction: This certificate has been issued on: rr��tQKQk,`,, The Osseo Construction Co. LLC The Osseo Construction Co. LLC 875082300026 322C Wisconsin 02/25/2016 wv�� Steve Simon OA;V'-'% Secretary of State State of Minnesota SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and The Osseo Construction Company LLC (hereinafter called Contractor), Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 500,000-Gallon Water Elevated Tank Rehabilitation. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 500,000-Gallon Water Elevated Tank Rehabilitation for the City of New Hope, Minnesota, ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. B, Once the tank is drained, the work shall be completed within 9 weeks. The 9-week period can be anywhere within the times indicated in 4.02. 4.02 Dates for Substantial Completion and Final Payment A. The bypass project taking place at the tank will be finished by May 25, 2018. It is anticipated that this project could start as early as June 1, 2018, The Work on this project must be substantially completed on or before October 15, 2018, and completed and ready for Final Payment in accordance with Paragraph 14,07 of the General Conditions on or before November 1, 2018. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 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 AGREEMENT FORM © 2018 Stantec 1 193804156 00 52 10 - 1 any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit, The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Four Hundred Sixty -Four Thousand Dollars and Zero Cents ($464.000.00) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A.1 and 6,02.A.2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95-percent of Work completed (with the balance being retainage). b. 95-percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. AGREEMENT FORM © 2018 Stantec 1 193804156 0052 10 - 2 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. AGREEMENT FORM © 2018 Stantec 1 193804156 00 52 10 - 3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: I . This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions, 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: 500,000 Gallon Water Elevated Tank Rehabilitation. 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed, b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically 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. AGREEMENT FORM 0 2018 Stantec 1 193804156 00 52 10 - 4 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10,04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under ,any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM 0 2018 Stantec 1 193804156 00 52 10 - 5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf, This Agreement will be effective on March 12, 2018 (which is the Effective Date of the Agreement), Owner: City of New Hope, Minnesota Attest: I Address for giving notices: CITY CLERK CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 Designated Representative: Name: KIRK McDONALD Title: CITY MANAGER Address: 4401 XYLON AVE NO NEW HOPE, MN 55428 Phone: 763-531-5100 Facsimile: 763-531-5136 Contractor: The Osseo Construction Company LLC Attes Address for giving notices: sy'759' License No.: (Where Applicable) Designated Representative: Name: TimDfAv J. -%pie Title: b Wnt r Address: ?jyX 6)5Sto, W-f 5-41'7sg Phone: "l / 5 — Facsimile: '% / - � 2 �I7 END OF SECTION AGREEMENT FORM © 2018 Stantec 1 193804156 00 52 10 - 6 EJCDC ENGINEERS JOINT CONTRACT! DOCUMENTS COMMITTEE CONTRACTOR (name and address): The Osseo Construction Co. LLC 14248 - 10th Street P.O. Box 143 Osseo, WI 54758 OWNER (name and address): City Of New Hope 4401 Xylon Ave No. Bond No. GRMN41897A PERFORMANCE BOND SURETY (name and address of principal place of business): Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 New Hope, MN 55428 CONSTRUCTION CONTRACT Effective Date of the Agreement: 3/12/2018 Amount: $464,000.00 Description (name and location): Project No. 193804156 - 500,000-Gallon Water Elevated Tank Rehabilitation - New Hope, Minnesota BOND Bond Number: GRMN41897A Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 7/12/2018 Amount: ($464,000.00) FOUR HUNDRED SIXTY FOUR THOUSAND AND 00/100 Modifications to this Bond Form: 0 None F--] See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY The Osseo Construction Co. LLC(seal) Granite Re. Inc. (seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (attach power of attorney) 7%rrr 9 7%y <_ ed Zachary Pate Print Name Print Name oWhf Title � M-Zk&.�w Attes . Signature YY;*V.S 5 Title Attorney -in -Fact Title �Q Attest: IlJ Sig at re Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. if this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDCO C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 q / ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this / day of in the year 8� before me personally come(s) i.2�o-%% ✓ . 3�. . �'h17 to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. �yXar Notary ublic � �� �� = t�.' ��'( • •�: ACKNOWLEDGMENT OF PRINCIPAL (Partnership)E, ��G c� % PUS State of ) j�-��"••"«� .���F 0 W `00�. County of ) On this day of in the year before me personally come(s) a member of the co -partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) County of ) On this day of in the year before me personally come(s) to me known, who, being duly sworn, deposes and says that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 12th day of Jam, in the year 2018, before me personally come(s) Zachary Pate, Attorney(s)-in-Fact of Granite Re. Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attomey(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and tha ned sai nstrument as Atto -in-Fact of the said company by like order. ,r 6'0 TONILFEBRILE c NOTARY PUBLIC - MINNESOTA Notary Public r..,_ Commission Expires Jan. 31.2022 i EJCn_C= ENGINEERS JOINT CONTRACT! DOCUMENTS COMMITTEE—: CONTRACTOR (name and address): The Osseo Construction Co. LLC 14248 - 10th Street P.O. Box 143 Osseo, WI 54758 OWNER (name and address): City Of New Hope 4401 Xylon Ave No. Bond No. GRMN41897A PAYMENT BOND SURETY (name and address ofprincipal place of business): Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 New Hope, MN 55428 CONSTRUCTION CONTRACT Effective Date of the Agreement: 3/12/2018 Amount: $464,000.00 Description (name and location): Project No. 193804156 - 500,000-Gallon Water Elevated Tank Rehabilitation - New Hope, Minnesota BOND Bond Number: GRMN41897A Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 7/12/2018 Amount: ($464,000.00) FOUR HUNDRED SIXTY FOUR THOUSAND AND 00/100 Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL The Osseo Construction Co. LLC(seal) Contractor's Name and Corporate Seal r By: / Signature - - Ti7-7o 7�( Print Name vp— "ice Title Attes . Signatu Title SURETY Granite Re, Inc. (seal) UI'etys ?Nauic: and Cviwiaw Scal By: Signature (attach power of attorney) Zachary Pate _ Print Name Attorney -in -Fact Title Attest: Q.,-,z A Si n ture Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDCO C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a subcontractor (2) on which the last labor or service was performed by of the Contractor to furnish labor, materials, or anyone or the last materials or equipment were furnished equipment for use in the performance of the by anyone under the Construction Contract, whichever of Construction Contract. The term Claimant also (1) or (2) first occurs. If the provisions of this paragraph includes any individual or entity that has rightfully are void or prohibited by law, the minimum period of asserted a claim under an applicable mechanic's limitation available to sureties as a defense in the lien or similar statute against the real property upon jurisdiction of the suit shall be applicable. which the Project is located. The intent of this Bond shall be to include without limitation in the terms of 13. Notice and Claims to the Surety, the Owner, or the "labor, materials, or equipment" that part of the Contractor shall be mailed or delivered to the address water, gas, power, light, heat, oil, gasoline, shown on the page on which their signature appears. telephone service, or rental equipment used in the Actual receipt of notice or Claims, however accomplished, Construction Contract, architectural and shall be sufficient compliance as of the date received. engineering services required for performance of the work of the Contractor and the Contractor's 14. When this Bond has been furnished to comply with a subcontractors, and all other items for which a statutory or other legal requirement in the location where mechanic's lien may be asserted in the jurisdiction the construction was to be performed, any provision in this where the labor, materials, or equipment were Bond conflicting with said statutory or legal requirement furnished. shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, 16.3 Construction Contract: The agreement between the intent is that this Bond shall be construed as a statutory the Owner and Contractor identified on the cover bond and not as a common law bond. page, including all Contract Documents and all changes made to the agreement and the Contract 15. Upon requests by any person or entity appearing to be a Documents. potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor 16. Definitions as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.1 Claim: A written statement by the Claimant including at a minimum: I . The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDCO C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of WT County of Pot 40W) On this day of �/ in the year before me personally come(s) S, O to me known and known to me to be the person(s) ` ` qsA WrN described in and executed the foregoing in ment and acknowledge(s) tome that _ he— executed the sa e. V 04O'��i i Notary Public —1 ��jj = W' __ ACKNOWLEDGMENT OF PRINCIPAL (PartnershiQ-A puevv J 2; State of ) 'i''�� ��i1O 1 �,% County of ) On this day of in the year before me personally come(s) a member of the co -partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) County of ) On this day of in the year before me personally come(s) to me known, who, being duly sworn, deposes and says that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 12th day of J)u , in the year 2018, before me personally come(s) Zachary Pate, Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attomey(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said ' ment as Attomey(s)-in-Fact of the said company by like order.—� TOdI L FERRILL Notary Public L NOTARY PUBLIC - hUNNESOTA >y` '" My Commission Expires Jan. 31, 2022 ti GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES; NICHOLAS HOCHBAN its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR, JENNIFER BOYLES; ZACHARY PATE; TROY STAPLES; NICHOLAS HOCHBAN may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 141h day of June, 2017. ITE Kenneth D. Whittington, President STATE OF OKLAHOMA ) S E A L COUNTY OF OKLAHOMA) Kyle,"'. McDonald, Treasurer On this 14" day of June, 2017, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: August 8, 2021 Commission #: 01013257 '1/ Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 12th day of July 2018 SEAL � Kyle P/McDonald, Secretary/Treasurer GR0800-1 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greater Insurance Service Corp. 309 3rd Ave West Durand WI 54736 CONTACT GIS — Durand NAME: PHOIC.NE (715) 672-5921 qIC No: (715)672-5994 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER AEmployers Mutual Co. (EMC) 21415 INSURED THE OSSEO CONSTRUCTION CO LLC TIM POPPLE PO BOX 143 OSSEO wi 54758-0143 INSURER 8 INSURERC: INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:17-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDY/YYYY MM/DDPOICYEXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE Fx� OCCUR DAMAGE TO RENTED EMISES Ea occurrenc PRe $ 300,000 MED EXP (Any one person) $ 5,000 Y 4D40266 9/13/2017 9/13/2018 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS y 4E40266 9/13/2017 9/13/2018 BODILY INJURY (Per accident) $ NON -OWNED X X HIRED AUTOS AUTOS - PROPERTY DAMAGE (per., $ UMIUlm $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED 1 1 RETENTION$ $ 4J40266 9/13/2017 9/13/2018 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? [—N/A (Mandatory in NH) 4H40266 9/13/2017 9/13/2018 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A (RENTED/LEASED EQUIPMENT) 4C40266 9/13/2017 9/13/2018 $25,000/$1,000Deductible INSTALLATION FLOATER $200,0001 $1,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) LOCATION: New Hope, MN ENGINEER: Stantec Consulting Services, Inc.•(2335 Highway 36 West - St. Paul - Mn - 5513) RLM Engineering, Inc. (1976 Wooddale Dr., Suite 4 - Woodbury - MN - 5125) City of New Hope, KIM Engineering, Inc. and Stantec Consulting Services, Inc. are listed as Additional Insureds on a primary and non-contributory basis, Completed Ops *30 day notice of cancellation / 10 day notice for non-payment of premium. *Umbrella Follows Form CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of New Hope. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4401 Xylon Avenue North ACCORDANCE WITH THE POLICY PROVISIONS. New Hope, MN 55428 AUTHORIZED REPRESENTATIVE Nicole Becker/BECKER ACORD 25 (2014101) INS025 r?o14M\ ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Stacy A. Woods From: Liza Zuhlsdorf <lizazuhlsdorf@hotmail.com> Sent: Friday, July 20, 2018 8:42 AM To: Stacy A. Woods Cc: skriese@klmengineering.com; mark.rolfs@stantec.com; chris.long@stantec.com; tpopple@tcc.coop; Scott Vold Subject: City of New Hope -Certificate of Ins Attachments: Certificate - City of New Hope.PDF Good morning Stacy, Attached is the C01 to be included with the contracts for the 500,000 Gallon Water Elevated Tank Rehabilitation. As you confirmed that is was not required, we did not include the railroad insurance that was part of the general conditions. Please give me a call directly if there are any questions in regard to any of the contract documents. Thank you, Liza Zuhlsdorf Administrative Assistant Cell: 507-920-5875 Fax: 715-597-2474 The Osseo Construction Co. LLC 1 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 1 of 3 (Seal) 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. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 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 2.2 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 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 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 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 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 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 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 the 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: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paee 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. 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. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. 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. 11. Definitions. 11.1 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. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Paee 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Contractor's Name and Corporate Seal M. Signature (Seal) SURETY M. Surety's Name and Corporate Seal Print Name Title Attest: Attest: Signature Title Signature (Attach Power of Attorney) Print Name Title Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 1 of 3 (Seal) 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address 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 written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or 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. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 2 of 3 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 (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to 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 construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: 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 terns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terns thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by SINE J � ACEC r"A -A; A.' Ccun..l;. Com.,—k . SKILL / N\`' INI�OIITT S C,—E American Society AlMNational Society of Professional Engineers Aof Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by "*V CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article 2 — Preliminary Matters............................................................................................. 2.01 Delivery of Bonds and Evidence of Insurance .................................................... 2.02 Copies of Documents......................................................................................I. 2.03 Commencement of Contract Times; Notice to Proceed ...................................... 2.04 Starting the Work.............................................................................................. 2.05 Before Starting Construction............................................................................. 2.06 Preconstruction Conference; Designation of Authorized Representatives........... 2.07 Initial Acceptance of Schedules......................................................................... Article 3 — Contract Documents: Intent, Amending, Reuse ..................................................... 3.01 Intent................................................................................................................... 3.02 Reference Standards............................................................................................. 3.03 Reporting and Resolving Discrepancies................................................................ 3.04 Amending and Supplementing Contract Documents ............................................. 3.05 Reuse of Documents............................................................................................ 3.06 Electronic Data.................................................................................................... 6 6 6 6 7 7 7 7 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article 7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Lunitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee ii 00 7205 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article I 1 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays...............................................................................................................................48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article 16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 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 Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 1 of 62 00 72 05 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 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) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 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 nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from tune to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 3 of 62 00 72 05 39. 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. 40. Chop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. 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. 42. 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 administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including 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. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tunes. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 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 "provide" 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 Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. 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 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 A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the 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 a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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 Regulations 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. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 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 discovers, or has actual knowledge of, 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 Performance 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 (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 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, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the 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, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereon prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in 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. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 connection 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 any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; 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 Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 13 of 62 00 72 05 consequences of the existence or location of the Underground 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: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 0072 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (h) 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 stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 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 list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 0072 05 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 and loss payee 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 and loss payee 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. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 17 of 62 0072 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 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 Supplementary 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, members, 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 a loss payee; be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 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 loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, 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 a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this 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 loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any 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 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 2.01.13. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 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 superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 00 72 05 6.03 i 1 2i 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. 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. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the naive 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. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Palle 23 of 62 05 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: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if 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. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection 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; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 rational Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 7205 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. 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 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual 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 performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate 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 a loss payee 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, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of theirs) 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, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the 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 responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion 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 Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 007205 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. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 7205 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review 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 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 00 7205 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: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 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, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, 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 through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract 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, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance 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 with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the 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. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 05 9.07 M 9.09 Determinations 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. 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 believes 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 10.05.13. 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. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 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 responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 40 of 62 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim 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 in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 41 of 62 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.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 carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 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 Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. 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). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 42 of 62 00 72 05 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 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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. 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; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.0I.B, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their tune 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved. Paee 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 44 of 62 05 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have 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, express and courier services, 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: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 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. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 1 LOLA and 11.O1.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: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 46 of 62 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 inaterially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 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 application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.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 12.0l.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 12.0I.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0LA.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; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fined fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b 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 11.0 LA.I and 11.0I .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 11.0l.A.4, 11.0I.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 any one 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 12.0l.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 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 contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 48 of 62 00 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 their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Tunes for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract 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. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to 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, Contractor shall, if requested by Engineer, uncover such Work 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. A0 rights reserved. Pase 50 of 62 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 written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA 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 if the defective Work has been rejected by Owner, remove it froln the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 :National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. 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 for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 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 possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, 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 provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: I. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 54 of 62 00 72 05 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 14.023.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent 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 replacement; 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 furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 55 of 62 05 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 remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 0072 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the 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.6; 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 might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 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, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without 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: a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 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 repeated 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 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 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 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 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): 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; 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 Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 0072 05 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 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry to submit the Claim to another dispute resolution process; or gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, 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, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 0072 05 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 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. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC- 1.01.A.44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: Tank is in automatic operation, including passing coliform bacteria test. SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC-2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.02 Delete Paragraphs 4.02.A and 4.023 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner. SC-4.06 Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 1 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 (2007 Edition) or a similar bond form if approved by Owner. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. I. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 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. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. Additional types and amounts of insurance required by Owner a. Railroad Protective Liability Insurance 1) Each Accident $2,000,000 2) Aggregate $6,000,000 6. 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: SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 2 a. Owner b. 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.A.1 through 5.06.A.7. 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.A.7: 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. 9. Comply with the requirements of Paragraph 5.06.0 of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraphs 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. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 3 three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC-6.19.A Delete the words "representation of" in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 4 c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 5 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 6 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.05.E Amend the first sentence of Paragraph 10.05.8 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 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-1 1.01.A.5.c Delete Paragraph 1 1.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC-1 1.03 Delete paragraph 1 1.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC-12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01 .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27-percent of the cost incurred by the Subcontractor who actually performs the work. SUPPLEMENTARY CONDITIONS © 2018 Stantec 1193804156 00 73 05 - 7 ARTICLE 13 - TESTS AND INSPECTIONS; 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 words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.B.5.d: 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 .0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 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: 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 16.01.6, 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. 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-16.0l .0 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 statute 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, Engineer's consultants and the officers, directors, partners, SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 8 agents, employees, or consultants of any of them) who is not a party to this Contract, unless: l . the inclusion 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 Document provisions deemed applicable and relied on in making the award. 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. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2018 Stantec 1 193804156 00 73 05 - 9 This Page Left Blank Intentionally SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs offhis Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: 500,000 Gallon Water Elevated Tank Rehabilitation for the City of New Hope, Minnesota. B. Description of Work: Project consists of cleaning, sandblasting, repainting interior wet and exterior surfaces and 2 City name signs/Logos, and miscellaneous structural repairs of the 500,000-gallon water tank. C. Tank Information: The tank diameter is 50-feet with 8 legs that are 2'-8" in diameter. The high-water level height of the tower is 139-feet, and the low water level is at 100-feet above foundation. D. Project Address: SE corner of 47th Avenue North and Aquila Avenue North, New Hope, MN, 55428. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are allowed only on the Reservoir Site as shown on Figure 2 at the end of this specification and shall be removed upon completion of Work. Care should be taken to avoid any damage to the adjacent structures and trees located on the Site. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. SUMMARY 2018 Stantec 1 193804156 01 10 00 - 1 3. Keep existing driveways and entrances available to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. 5. The Contractor will need to work around a minor number of antennas that belong to the City of New Hope or other agencies. There are no third -party antenna vendors on the tank. 6. Fixtures and other items that are welded to the steel tank shall be included in the specified surface preparation procedures. Items that are bolted or similarly fastened shall be removed prior to surface preparation, and reinstalled following specified surface preparation procedures. 7. Working Hours a. All Work shall be accomplished between the hours of 7 A.M. and 7 P.M., Monday through Saturday. Construction outside of the working hours must be authorized in writing by the Owner or its representative. b. No construction activity will be permitted on Sundays or holidays, unless necessitated by an emergency or authorized in writing by the Owner or its representative. c. The Contractor must comply with all City ordinances to construct this Project. d. This time frame includes all street sweeping, starting (warming up) of machinery, delivery of Project equipment and materials, servicing and fueling of machinery. B. Access to Site: 1. Construction access to the Site shall be entirely from the entrance on the west side off of Aquila Avenue N. 2. The tower is secured with a locked padlock. Owner will provide the Contractor a key for access. Contractor shall be responsible for keeping the tower locked when not in use, and for maintaining a secure site at all times. 3. All parking and Site lay down areas shall be as shown on Figure 2. 1.07 OTHER WORK AT SITE A. The City of New Hope is bidding a related project to install a bypass around the elevated tank. This work will be completed prior to starting this repaint project. At the conclusion of the repaint project, the bypass contractor shall return to the site to complete all normal turf and driveway restoration. In the event that the site is damaged in an extraordinary manner during the repaint project, the painting contractor shall restore the site to a normal level of turf and driveway disruption. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2018 Stantec 1 193804156 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Format the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 1 signed copy 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 Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. 1.05 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. PRICE AND PAYMENT PROCEDURES 2018 Stantec 1 193804156 01 20 00 - 1 C. Alternate No. 1 - Mixer - Add to Total Base Bid. 1. In general, the Work of this Alternate No. 1 consists of all costs to provide a mixer, controls and control mounting brackets for installation on the tank. Refer to Section 33 01 16 for specific information. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES 0 2018 Stantec 1 193804156 01 20 00 - 2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Storm Sewer: Owner. 3. Sanitary Sewer: Owner. 4. Electric: Xcel Energy. 5. Telephone: Century Link. 6. Gas: CenterPoint Energy. 7. Cable TV: Comcast. C. Owner requires a 48-hour working day notice, excluding holidays, for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. Minnesota Department of Health (MDH) Report on Plans. B. Apply for, obtain, and comply with other permits, licenses, and approvals which maybe required for the Project. 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour working day notice, excluding holidays, in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Provide Engineer a minimum notice of 24-hour working day notice, excluding holidays, for welding, blasting, and painting work so that Engineer can arrange for specialized observation services. Engineer will be responsible for overall Project observation and all PROJECT MANAGEMENT AND COORDINATION © 2018 Stantec 1 193804156 01 31 00 - 1 communications with Contractor. Specialized welding, blasting, and painting observation will be performed by KLM Engineering, Inc. 1.06 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. 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. 1.07 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Coordinate all Work and subcontractors to avoid delays in construction progress. 2. A work schedule shall be given to the Owner and the Engineer before any Work is started so that draining of the tank can be properly scheduled. 3. The tank will be drained by the City Staff at the request of the Contractor, within the timeline specified in the Agreement Form. Once drained, the Contractor shall expedite completion of this Work to minimize the time that the tank is out of service in order to complete the Project in accordance with the accepted Bid. The Contractor shall provide continuous diligent effort to complete the Project as soon as possible. 4. The Contractor shall pay particular attention to the tank cleaning requirements as outlined in Section 01 70 00. 5. The Contractor shall pay particular attention to the sand -blasting requirements with respect to containment and materials used as outlined in Section 09 91 55. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2018 Stantec 1 193804156 01 31 00 - 2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 1 1 by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity. l . List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES © 2018 Stantec 1 193804156 01 33 00 - 1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8-1/2 by 1 1-inch paper outlining 24 hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8-1/2 by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 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 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 the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or re -submittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to 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. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to 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 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. Work cannot proceed until the submittal is revised and resubmitted conforming to the re -submittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. Alternately, Contractor may pick up reviewed submittals at Engineer's Office. SUBMITTAL PROCEDURES © 2018 Stantec 1 193804156 01 33 00 - 2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 WELDING CERTIFICATES A. Submit welding certificates for each person by name assigned to do field welding of materials installed under this Contract. Certificates shall indicate that each person has passed tests specified by AWS and shall be submitted prior to execution of any welding. 3.06 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2018 Stantec 1 193804156 01 33 00 - 3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48-hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2018 Stantec 1 193804156 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment: and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2018 Stantec 1 193804156 01 40 00 - 2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1,01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum for Mobilization shall not exceed 10 percent of the Total Base Bid: a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193804156 01 50 00 - 1 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all non -City or County owned signs, posts, etc. that may be within the Site as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction: 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventer or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. C. Temporary Electricity: 1. Contractor shall provide any temporary electricity required for this project. D. Temporary Heating: 1. Provide and pay for temporary heating as necessary. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. B. Refuse Facilities: 1. Contractor shall provide and regularly empty refuse containers as needed to maintain a site free of construction debris and waste. 3.05 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: l . Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193804156 01 50 00 - 2 2. Damage to the Site caused by removal of temporary fencing, including portholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2018 Stantec 1 193804156 01 50 00 - 3 This Page Left Blank Intentionally SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic requirements for products used in the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Instructions to Bidders: 1. Written request for approval with supporting documentation. B. Submit the following items consistent with Section 01 33 00 and General Conditions Article 6.05: 1. Shop drawings for named products and "or -equal" products. 2. Written application for substitute items, including supporting documentation. 1.04 PRODUCT SUBSTITUTIONS AND "OR -EQUAL" PROCEDURES A. Procedures During Bidding: 1. Conform to the requirements of the Instructions to Bidders. B. Procedures During Construction: 1. Scheduling of Submittals: Conform to the Contractor's Schedule of Submittals. 2. Submittal Procedures: Conform to the requirements of Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 DELIVERY A. Transport and handle products in accordance with the manufacturer's instructions. B. Handle and lift products only at designated lift points and by methods to avoid soiling, disfigurement, bending, over stressing, and damage. C. Store products on shelves, in bins, or in neat groups of like items with seals and labels intact and legible, and in a manner to provide access for maintenance and inspection. PRODUCT REQUIREMENTS © 2018 Stantec 1 193804156 01 60 00 - 1 D. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. E. Store and protect products which are subject to damage by the elements in weathertight, climate controlled enclosures, and according to the manufacturer's instructions. Maintain temperature, ventilation, and humidity within ranges stated in the manufacturer's instructions. F. Attach applicable manufacturer's service instructions labeled "STORAGE SERVICE INSTRUCTIONS ENCLOSED" to exterior of each stored product. G. Inspect, maintain, and service stored products on a regularly scheduled basis, consistent with the manufacturer's instructions. H. Record inspection, maintenance, services performed, and keep log available for review. I. Traffic control required for all deliveries to and from the Site shall be the responsibility of the Contractor. All flagmen, barricades, flares, and safety measures are the sole responsibility of the Contractor. 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. B. Any additional Site security measures desired by the Contractor shall be approved by the Engineer and paid for entirely by the Contractor. C. The Contractor shall provide the Owner and Engineer with keys or combinations to any additional locks that may be used to secure the Site. END OF SECTION PRODUCT REQUIREMENTS © 2018 Stantec 1 193804156 01 60 00 - 2 SECTION 01 70 00 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 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. 8. Lien Waiver Forms. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent Work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. EXECUTION REQUIREMENTS © 2018 Stantec 1 193804156 01 70 00 - 1 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 structure. 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. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Protect existing buildings and facilities at Site at all times. E. Clean access roads and haul routes with mechanical street sweeper. F. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 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. The Contractor shall be responsible for any incidental cleaning of the tank required after the tank is drained. It is expected that there will be some iron sludge on the bottom of the tank when it is drained. The sludge in the bottom of the tank shall be loaded into a truck and hauled away for disposal. This material and other material cleaned from the tank cannot be disposed of on the Site and must be hauled away. Contractor shall be responsible for all disposal and hauling costs associated with this project. 3.05 FINAL CLEANING A. Replace burned out lamps. Replace all HVAC filters. EXECUTION REQUIREMENTS © 2018 Stantec 1 193804156 01 70 00 - 2 B. The Contractor shall be responsible for cleanup of the construction area as incidental to the Project. All cleanup and restoration shall be completed prior to acceptance of the Project. The Site shall be cleaned and restored to a condition equal to or better than the original. This includes sodding or entrance repair work as required to repair all areas damaged by this Project. C. Provide neat and substantial metal tool with hinged cover and lifting handles or metal cabinet with hinged door. 3.06 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. 3.07 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling 651-282-9999 or 1-800-657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at wit hholdina.tax((Tstate.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2018 Stantec 1 193804156 01 70 00 - 3 This Page Left Blank Intentionally SECTION 09 91 55 REPAINTING WATER STORAGE FACILITIES PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Cleaning, surface preparation, and application of paint to the 500,000-gallon elevated reservoir in the following designated areas: a. Interior Wet Coating. b. Exterior Coating. 2. Painting City Name Sign at 2 locations each on elevated tank. Refer to City Name Sign shown in Figure 4 at the end of these specifications. B. Related Sections 1. Section 00 31 00 - Available Project Information. 2. Section 33 01 16 - Steel Water Reservoir Repairs. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Separate Lump Sum Bid Items are provided for the following: 2. Exterior cleaning, surface preparation, disposal, and painting (including City name signs). 3. Interior wet cleaning, surface preparation, disposal, and painting. 4. Full, Negative -Air Containment. 5. The Site work defined in this Section shall be included in the Lump Sum Bid for Mobilization. B. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. General: Contractor shall provide colors as specified. B. Shop Drawings: Contractor shall submit shop drawings for the following: 1. Paint, including quantities provided. 2. Blasting Additive. 3. Containment Plan. 4. TCLP Sampling Plan. C. Shop Drawings shall be submitted in accordance with Section 01 33 00. 1.04 QUALITY ASSURANCE A. Paint Manufacturer: The products as specified in Part 2 are to be used on this Project. Substitution can be made only with Pre -Bid written approval of the Engineer following submittal of written information indicating that the products offered are equal in quality REPAINTING WATER STORAGE FACILITIES © 2018 Stantec 1 193804156 0991 55 - 1 and type to those specified and have a proper record of satisfactory service under similar conditions on projects in Minnesota. All paint shall be applied in accordance with the manufacturer's recommendations. B. Qualifications of the Workers: All workers employed on the Site shall be skilled in the use of the equipment and materials used for this Project. An experienced superintendent or foreman shall be present at all times during the execution of this Work who shall be thoroughly familiar with the specified requirements and the materials, and method needed for their execution and who shall direct all Work performed under this Section. C. Inspection: The Contractor shall notify the Owner and Engineer not less than 24 hours prior to blasting, priming, or application of finish coat. The Resident Project Representative may inspect the blast -cleaned surfaces before application of the field primer. Any areas not sufficiently cleaned shall be re -cleaned as directed by the Resident Project Representative. The Resident Project Representative will also inspect the primed and final coat surfaces for minimum, average and maximum dry film thickness requirements. Any areas not meeting the requirements shall be repainted as directed. Painting work will be inspected by KLM Engineering, Inc. D. Holiday Testing: The Contractor shall Holiday Test all interior wet surfaces below the high- water line (HWL) with a wet -sponge low -voltage holiday detector after the interior wet coating has cured in compliance with the manufacturer's recommendations. All holidays found shall be repaired and retested to ensure a holiday, pin -hole free surface. 1.05 PRODUCT HANDLING A. Delivery and Storage: The material shall be delivered to the Site in the original, new, and unopened containers bearing the manufacturer's name and applicable label information. Material shall be properly stored and protected to prevent damage to or deterioration of the paint material. Empty containers shall be kept at the Site to confirm the quantities of each type of paint used and shall be removed only after this verification is confirmed by the Engineer. 1.06 EXISTING PAINT A. The tank was constructed in 1959. The existing interior and exterior paint coatings were applied when the tower was last repainted in 1996. 1. Interior Surfaces: a. Epoxy System. 2. Exterior Surfaces: a. Epoxy/Urethane System. PART 2 PRODUCTS 2.01 PAINT MANUFACTURER A. The paint and paint products of the Tnemec Company shall be used. 2.02 PAINT SYSTEM AND COLOR A. Interior Wet: 1. First Coat - Tnemec Hydro -Zinc Series 91 H2O. 2. Second Coat - Tnemec Pota-Pox Plus Series N 140/N140F - White 1 1 WH. REPAINTING WATER STORAGE FACILITIES 9 2018 Stantec 1 193804156 0991 55 - 2 3. Third Coat - Tnemec Pota-Pox Plus Series N 140/N 140F -Tank White 15BL. 4. Stripe Coat -An additional brushed stripe coat of Series N 140 is required on all repaired weld seams below the HWL. B. Exterior: 1. First Coat - Tnemec Hydro -Zinc Series 91 H2O. 2. Second Coat - Tnemec Endurashield Series 73 - color to be noticeably different but compatible with the finish coat color. 3. Third Coat - Tnemec HydroFlon Series 700 or 701 -color to be selected by the Owner. 4. City Name Sign- third and fourth coats per above, color scheme to match Figure No. 4 and color to be selected by the Owner. Base Bid for exterior painting shall include two City name signs/logos. 2.03 PERFORMANCE REQUIREMENTS A. Series 91-H2O Tneme-Zinc 1. Adhesion - ASTM D 4541 (Method E, Type V Tester). a. No less than 2,000 psi adhesion. 2. Salt Fog - ASTM B 117. a. No blistering, cracking or delamination of film. No more than 1/8-inch creepage at scribe and no more than 1-percent rusting on plane after 50,000 hours' exposure. B. Series N 140 Pota-Pox Plus 1. Humidity - ASTM D4585. a. No blistering, cracking, rusting or delamination of film after 10,000 hours' exposure to 100-percent RH at 100F. 2. Immersion - ASTM D870. a. No blistering, cracking, rusting or delamination of film after 2,000 hours' continuous immersion in deionized water at 140 degrees F. 3. Moisture Vapor Transmission - ASMT D1653. a. No more than 0.31 US Perms C. Series 700 HydroFlon l . Exterior Exposure - ASTM D4141, Method C (EMMAQUA). a. No blistering, cracking or chalking. No less than 80-percent gloss retention, no more than 10 units gloss loss and no more than 0.45 DEHunter color change after 3,500 MJ/m2 EMMAQUA exposure (UV). 2. Cleanability - MIL-PRF-85285D Section 4.6.13 a. No less than 95-percent cleaning efficiency 3. Graffiti Resistance - acrylic spray paint, epoxy spray paint, Markette marker, ball point ink, crayon, lipstick applied with 7-day cure a. Complete removal 4. Abrasion - ASMT D4060 (CS-17 Wheel, l ,000g Load). a. No more than 1 1Omg loss after 1,000 cycles. PART 3 EXECUTION 3.01 PREPARATION OF SURFACE A. Interior Wet Surface: The entire wet interior surface of the tank shall be cleaned of all paint, grease, oil, rust, mill scale, and other foreign or loose material. Cleaning shall be done in accordance with Steel Structures Painting Council Specification SSPC-SP-10, Near -White Blast Cleaning with a minimum angular anchor profile of 2.0 mils. Before any REPAINTING WATER STORAGE FACILITIES 2018 Stantec 1 193804156 0991 55 - 3 primer or paint is applied, metal surface shall be completely dry, dust free, inspected and approved by the Engineer. All structural repairs must be completed prior to final surface preparation procedures. Exterior Surface: This is a complete repaint Project. Exterior surfaces of the tank shall be cleaned of all paint, grease, oil, rust, mill scale, and other foreign or loose materials before any primer or coating is applied. Cleaning shall be done in accordance with the Steel Structures Painting Council Specification SSPC-SP-6, Commercial Blast Cleaning with a minimum angular anchor profile of 2.0 mils. Before any primer or coating is applied, metal surfaces shall be completely dry, dust free, inspected, and approved by the Engineer. All structural repairs must be completed prior to final surface preparation. Prior to removal of existing coating, Contractor shall tie out the existing color scheme with sufficient measurements to ensure color scheme will be reapplied to match existing layout. Full negative air containment will be required per Article 3.02. 3.02 EXTERIOR SANDBLAST CONTAINMENT A. The Contractor shall be fully responsible to provide full containment as required of the exterior tank abrasive blasting operation, including top bonnet or cover to prevent the drift of spent abrasive and existing exterior paint removed onto adjacent property, streets, or structures. Therefore, containment and disposal per State and Federal Regulations will be mandatory. The Contractor must submit for review and approval to the Engineer and Owner a written plan outlining all the details and equipment the Contractor plans to employ for compliance with the requirements for full containment. In conjunction with full containment, the Contractor shall be responsible to provide adequate dust collection and negative air to the containment system to prevent the release of emissions to the environment and to provide a reduction of lead dust exposure for workers. B. Recover, remove, and properly dispose of all spent abrasives, dust, dirt, paint chips, spent solvent paint containers, and other waste materials, etc. as specified in Article 3.09 of this Section. C. The Contractor expressly agrees to obey the verbal or written direction and instruction of the Engineer, Resident Project Representative, or Owners Representative in determining when the exterior sandblasting operation may proceed or must be suspended due to excessive winds or drift of dust, spent abrasive, and paint chips outside the area of containment. D. Screens used for containment shall be inspected and approved for use by the Engineer, Resident Project Representative, or Owners Representative. Wind screens used for containment shall be solid screens. They shall be UV stabilized, weather and solvent resistant. E. The Contractor shall be fully responsible to provide 100-percent impervious ground coverage in all areas adjacent to the tank for the purpose of ensuring recovery of (a minimum) 95-percent of all spent abrasive, removed paint, and debris from the abrasive blast operation until TCLP testing proves that product is not classified as hazardous. Ground cover shall consist of reinforced plastic or canvas tarps sufficiently overlapped and secured to prevent contamination of the ground by contact of the abrasive and paint chip debris. F. A full containment plan shall be submitted outlining all the details, equipment, containment screens, negative air dust removal equipment, containment structure and REPAINTING WATER STORAGE FACILITIES 02018 Stantec 1 193804156 0991 55 - 4 installation drawings, other equipment, wind loading calculations, containment support calculations and/or other pertinent information, and inhibitor the Contractor's plans to employ with the blasting operation. l . The full containment plan must be submitted at the preconstruction meeting for approval. Work on the Project will not begin without an approved visible emissions control plan. 2. This containment plan must be in conformance with Minnesota State Rules 7005.1100 through 7005.1 130 and 7005-0550 for the control of fugitive particulate matter and visible emissions. G. The Base Bid includes installing containment shroud lugs for full containment. Containment shroud lugs shall be as recommended for the TEPE Containment Shroud System as manufactured by K & L Manufacturing/Eagle Industries. Containment lugs/mounting pads shall be seal welded to the tank roof. All edges of the lugs/mounting pads shall be ground to a 1/8-inch or greater radius. 3.03 BLAST CLEANING A. Use proper equipment and abrasives when blast cleaning to produce the mil profile recommended by the coating manufacturer. Do not re -use silica sand or flint abrasives. The abrasive used shall be of the type that is graded as to proper size, shape, and hardness. It shall be free of contaminants and shall not embed itself in the blasted surface. Silica sand, flint, garnet, or quartz type abrasives shall be chemically washed; dried; dust, dirt, and fines free; resistant to fracture (shattering); and contain no bleachable contaminants. Synthetic Carbide, Aluminum Oxide, and Refractory Slag products shall meet the above criteria. THE USE OF REDUCED OR DUST FREE ABRASIVE FOR BLASTING IS REQUIRED FOR BLASTING OF EXTERIOR SURFACES DUE TO CONTAINMENT AND THE CLOSE PROXIMITY OF BUILDINGS AND STREETS. Prior to start-up of the Project, samples of the Contractor's selected abrasive shall be submitted to the Engineer for testing and approval. Random field testing of the abrasive shall be done as directed by the Engineer to ensure the abrasive used complies with these requirements. C. All compressed air supply shall be properly equipped with suitable oil and moisture separators to prevent contamination of abrasive and/or blasted surfaces. These separators shall be of the continuous bleeding or automatic dumping type. In order to prevent contamination of abrasives and/or blasted surfaces, it is recommended that the separators be installed at both the compressor air outlet and the blasting pot compressed air inlet. D. Stop abrasive blast cleaning in sufficient time to remove all dust, spent abrasive, and other foreign matter from and around all blasted surfaces (including rigging and equipment) and to allow the atmosphere to clear before any coating is done. Removal of these materials shall be by clean brush or suitable industrial vacuum with particular attention given to welds, pockets, poorly accessible areas, or any overhead areas. E. Apply the first coat to all prepared surfaces, except that there shall remain uncoated a 3 to 4-inch border of blasted steel at the end of each work day. When blast cleaning resumes the following work day, this border shall be reblasted up to and including 1 to 3-inches of the previous primer coating. F. Take extra care during all blasting operations to prevent damage or abrasive impingement upon previously applied coated areas. REPAINTING WATER STORAGE FACILITIES © 2018 Stantec 1 193804156 0991 55 - 5 G. A prime coat shall be applied within 8 hours after sandblasting. When the humidity exceeds 80-percent, the prime coat shall be applied within 4 hours after sandblasting. If conditions are questionable, the Engineer shall make the decision and the Contractor shall accept his interpretation as final and binding. See Article 3.05 for additional temperature and humidity limitations. H. A daily inspection of the separators and compressed air supply will be required to insure cleanliness of all compressed air supplied for abrasive blasting. This test will be performed by a blotter test. A clean white blotter is held no more than 18 inches from the air supply, down stream of moisture and oil separators. The air supply is directed at the blotter for approximately 2 minutes. The blotter is then examined visually for signs of oil and moisture. A clean blotter at test completion means a successful passing of the air supply test. Failure to pass the compressed air test will be justification for rejection of abrasive blasting performed that day. The Engineers discretion will be final in this determination. 3.04 PAINT APPLICATION A. Wet Interior: 1. Prime Coat: After surface preparations specified above are completed, all wet interior surfaces (inte(or surfaces of the water compartment) shall receive a coat of Tnemec Series 91 H2O Hydro -Zinc primer. Prime coat shall be applied to provide 2.5 mils minimum dry film thickness, an average of 3-mils dry film thickness, and a maximum of 3.5-mils dry thickness. 2. Intermediate Coat: All interior surfaces shall then be painted with Tnemec Series N140/N140F Pota-Pox Plus, in 11 WH White color, to an additional 4 mils minimum dry film thickness an average of 5-mils dry film thickness. Maximum total thickness allowed shall be 6-mils dry film thickness. An additional stripe coat shall be applied to all weld seams below the HWL. 3. Finish Coat: All interior surfaces shall then be painted with Tnemec Series N 140/N 140F Pota-Pox Plus, in 15BL Tank White color, to an additional 4 mils minimum dry film thickness. Total dry film thickness, including prime, intermediate coat and finish coat, shall not be less than 10.5 mils at any location and shall not average less than 13-mils dry film thickness. Maximum total thickness allowed shall be 15.5-mils dry film thickness. 4. Stripe Coat: All weld seams and grindings below the HWL shall receive 1 additional brush applied stripe coat. The application of this coat shall be reviewed at the preconstruction meeting. Exterior: 1. Prime Coat: After surface preparations are completed, all exterior surfaces shall be coated with Tnemec Series 91 H2O Hydro -Zinc primer. The prime coat shall be applied to 2.5-mils minimum dry film thickness and 3 mils average dry film thickness, and a maximum of 3.5-mils dry thickness. 2. Intermediate Coat: All exterior surfaces shall then be painted with Tnemec Series 73 or 1075 Endura-Shield, in one shade lighter in color than the finish coat, to an additional 2-mils minimum dry film thickness, an average of 2.5-mils dry film thickness. Maximum total thickness allowed shall be 3-mils dry film thickness. 3. Finish Coat: The exterior tank surfaces shall then be painted with 1 coat of Tnemec Series 700 or Series 701 HydroFlon. Tank Color to be selected by the Owner and City Name Sign Color to also be selected by the Owner. Finish coat shall be applied to provide 2.0-mils minimum dry film thickness, 2.5-mils average dry film thickness, and 3.0-mils maximum dry film thickness. Total dry paint film thickness, including prime, intermediate, and finish coat, shall be not less than 6.5-mils at any 1 point. Average dry REPAINTING WATER STORAGE FACILITIES © 2018 Stantec 1 193804156 0991 55 - 6 paint film thickness shall not be less than 8.0-mils. Maximum total thickness allowed shall be 9.5-mils dry film thickness. Painting of foundation bases shall be carried down to a line just above the finish grade of the topsoil or concrete pad. C. General: The primary method of interior paint application shall be by airless spray with brushing and rolling to work paint into seams, defects, joints, etc. Exterior paint shall be applied by brush or roller. No spraying of exterior surfaces will be allowed. The Contractor and/or the Contractor's insurance company solely bear all responsibility for damage due to paint over -spray, mist, or splatters. All claims of paint damage shall be promptly resolved by the Contractor and/or the Contractor's insurance company. 3.05 WORKMANSHIP A. All Work of this Contract shall be done in a workmanlike manner, by skilled personnel experienced in the particular type of work being performed. The coating shall be performed using approved methods, acceptable tools and practices, and shall be performed in a manner satisfactory to the Engineer. B. Proceed with surface preparation and coating application only when air surface temperatures are above the manufacturer's recommended minimum surface temperature in degrees Fahrenheit and below 100 degrees F, and surface temperature is at least 5 degrees above wet bulb air temperature reading. Coating shall not be applied in rain, snow, fog or mist, or when relative humidity exceeds 85-percent. No coating shall be applied when it is expected that the relative humidity will exceed 85-percent or when the air temperature will drop below 50 degrees F (40 degrees F when fast cure products are used) within 8 hours after the application of the coating. If working conditions are questionable, the Engineer shall make the decision and the Contractor shall accept his interpretation as final and binding. The Engineer intends to monitor temperature and humidity to insure Contractor's compliance with the listed conditions. The Contractor shall record the relative humidity, air temperature, and surface temperature upon commencement and completion of coating application for each day said work is undertaken. The daily log shall be submitted to the Resident Project Representative for comparison with the Owner's data and verification or compliance. C. Each coat shall be applied at the specified rate and in the manner recommended by the coating manufacturer and it shall be well worked into the surface to which applied. No laps or brush marks shall show. The film thickness of the coatings will be measured and any readings below the specified film thickness shall be corrected by applying additional coat(s). Where thinning is necessary, only the products of the manufacturer furnishing the coating and for the particular purpose shall be allowed. All thinning shall be done strictly in accordance with the manufacturer's instructions, as well as with the full knowledge and approval of the Engineer. Dry film thickness will be measured be means of the "Mikrotest" gauge manufactured by the Nordson Corporation of Amherst, Ohio, or equivalent; and measurements of wet mil thickness will be accomplished by use of the "Nordson" wet film gauge or such other gauge as the Engineer might determine as being satisfactory. D. Care shall be given to insure a uniform coating carefully worked with a brush around rivet heads, weld seams, scabmarks, plate overlap, joints, and other irregularities in the surface. Each coat shall be allowed to dry thoroughly before the next coat is applied as required by the coating manufacturer's written recommendations. E. If the coating is applied by spraying, use suitable nozzles to provide an adequate supply of air within the proper pressure range to the liquid in the container and to the atomizing REPAINTING WATER STORAGE FACILITIES © 2018 Stontec 1193804156 0991 55 - 7 nozzle, all as recommended by the coating and equipment manufacturers as being best suited or necessary for the production of good work. All necessary precautions must be taken to avoid spray fallout on and the consequent damage to any works, improvements, or properties of either the Owner or of other parties, wherever located. The Contractor shall be responsible for any and all damage resulting from drifting of the spray. F. No exterior spray painting will be allowed, except as noted. The Contractor shall take necessary precautions to avoid paint fallout on and the consequent damage to any works, improvements, or properties of either the Owner or of other parties, wherever located. The Contractor shall be responsible for any and all damage resulting from drifting of the paint. G. If applied by brushing, the coating shall be brushed on in 1 direction and then smoothed in a direction at right angles thereto, so as to produce as uniform thickness of coating and as complete coverage as possible. Such 2-directional brushing shall be considered as 1-coat within the meaning of these Specifications. H. Sufficient time shall be allowed for each coat to dry properly and in accordance with the manufacturer's recommendations before applying the next coat. All areas cleaned shall be primed within 8 hours of being cleaned. Any areas developing a film or rust shall be re- cleaned before priming. Finish coats of paint shall be free of holidays, runs, drips, or sags. Any areas showing such defects in the prime coat shall be corrected prior to application of the finish coat. Any areas showing defects in the finish coat shall be scraped and repainted to the satisfaction of the Engineer. 3.06 VENTILATION AND SAFETY A. The Contractor shall maintain adequate and continuous explosion -proof ventilation during all surface preparation and coating operations, and during all re -coat and curing periods. This ventilation shall be of the suction type and shall be of sufficient capacity to maintain throughout the tank interior a clear atmosphere that is well below explosive and toxic limits. Arrange the ventilation system, including all fans and temporary ductwork, so that fresh air is drawn into the tank at the bottom and is exhausted at the top with an upward air movement pattern within the tank that permits no still air spaces to exist in any area. Give particular attention to floor level or lower spaces, and pocket areas where heavier-than- air solvents and particulate matter are likely to accumulate. Said ventilation shall be sufficient for the removal of dust, coating fumes, or other volatile gases and moisture to such an extent as to prevent any undesirable accumulation and prevent hazard to the workmen or the Work. C. All electrical equipment, tools, and ventilation fans shall be explosion -proof and/or non - sparking and shall be maintained in good working order. Spray equipment shall be as recommended by or acceptable to the coatings manufacturer and shall be thoroughly cleaned before and after use with the appropriate cleaning solvents. D. Provide adequate explosion -proof lighting during all surface preparation and coating operations. This lighting shall be sufficient to illuminate clearly the working area without shadows. REPAINTING WATER STORAGE FACILITIES 0 2018 Stantec 1 193804156 0991 55 - 8 E. In the event heating devices are used, they shall be explosion -proof and of the type that do not exhaust sooty or oily residues or any other contaminants into the tank. Only indirect heating units can be used which will not cause the products of combustion to condense. F. Prior to use, store all coating materials in a secure area which shall provide protection from weather and temperature below 60 degrees F. The area shall be maintained in a safe, neat, and clean manner and free from fire, explosion, or other hazards. G. All Work shall be performed in a safe and orderly manner, all in compliance with the standards as prescribed by OSHA and the Minnesota Department of Labor and Industry, Division of Accident Prevention. The Contractor will be required to comply with OSHA Regulations, including 5205.1000 through 5205.1040 and 5067.0300 for Confined Space Entry. Management and supervisory personnel shall be responsible for employee training and compliance with this policy. H. Securing Tank Openings: Adequate grating or grills will be securely attached to all openings not otherwise secured at the end of work each day until Work commences again and during the final cure after all interior coatings have been applied, until such time as the tank is filled with water and openings are secured for service. Grills or grates shall be at least 1/4-inch wire mesh with minimum 2 square inch mesh openings and shall allow adequate free air passage. 3.07 DISINFECTION A. Upon completion of the coating, the inside of the tank shall be thoroughly cleaned and disinfected by use of chlorine applied in a concentrated solution, sprayed over the entire surface and then washed down with clean water in accordance with the specifications of the Minnesota Health Department, and AWWA C652-02, Section 4.3.2: Chlorination Method 2. B. The disinfected surfaces shall remain in contact with the chlorine solution for at least 30 minutes. Then all disinfected surfaces, including the inlet and outlet piping and any drain piping, shall be washed and purged with clean water. Remove all chlorine solution and purge water from the interior. Following this, potable water shall be admitted. C. After chlorination and before the facility is placed in operation, water from the full facility shall be sampled and tested for coliform organisms in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater. If the sample is negative, then the facility can be placed into service. If there is a presence of coliform, repeat samples shall be taken until 2 consecutive samples are negative or the reservoir shall be redisinfected using the above specified method. D. Bacterial tests will be taken by an independent laboratory designated by the Owner. Initial tests will be paid for by the Owner. Any retesting required because of failure to meet the specified quality will be paid for by the Contractor. REPAINTING WATER STORAGE FACILITIES © 2018 Stantec 1 193804156 0991 55 - 9 3.08 MISCELLANEOUS A. Paint Thickness: Dry film thickness (D.F.T.) readings of the coating are taken to provide reasonable assurance that the specified minimum D.F.T. has been achieved. A minimum of 5 separate spot measurements shall be made over every 100 square feet in area. Each spot measurement shall consist of an average of 3-gauge readings next to each other no further than 6-inches apart. Each spot measurement must meet at least the specified minimum thickness. The single gauge readings, however, making up the spot measurements are permitted to be no less than 80-percent of the specified minimum thickness. 3.09 CLEAN UP AND DISPOSAL A. After completion of the tank painting, the Contractor shall remove all excess materials, paint products, blasting sand, and debris of any kind caused by the Project. He shall leave the premises in a neat, clean condition, and shall restore all areas, such as driveways, grass, sod, etc., that have been disturbed by his operations to a condition equal to or better than that which existed when he started the Project. B. The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by his employees or Work. He shall clean-up abrasive material or rubbish on a daily regular schedule as directed by the Engineer. All unneeded construction equipment shall be removed from the Site and all damages, required expeditiously so that the adjacent property is inconvenienced as little as possible. C. During exterior sandblasting and coating operations, the Contractor shall provide adequate protection and containment to prevent damage to adjacent structures and property by his operations. The Contractor shall also perform intermittent or periodic clean- up of adjacent grounds to prevent the accumulation of sandblast sand and debris caused by his operations. This shall include but not be limited to sidewalks, streets, driveways, yards, and roof tops. D. The Contractor shall be fully responsible to recover, remove, and dispose of properly all spent abrasives, removed coating and paint, spent solvents, paint containers, and other non-specific waste in accordance with current State and Federal regulations, including but not limited to the 1976 Resource, Conservation and Recovery Act (R.C.R.A.) and its amendments, specifically the 1984 Hazardous and Solid Waste Amendments to R.C.R.A. Disposal of "empty containers" shall be in accordance with R.C.R.A. 40 CFR 261.7 and Minnesota State Regulations. The Contractor shall perform timely laboratory testing of waste materials generated on the Site to determine its specific classification for proper disposal in accordance with this Specification and all applicable state and federal regulations. A MINIMUM OF 4 TCLP TESTS SHALL BE PERFORMED, OR MORE IF REQUIRED BY REGULATIONS ON BOTH THE INTERIOR AND EXTERIOR WASTE MATERIALS. TCLP TESTING SHALL BE FOR ALL 8 SPECIFIC CONSTITUENT CONCENTRATIONS (8 HEAVY METAL/ INORGANICS) AS SHOWN IN 40 CFR 261.24, TABLE 1 OR AS AMENDED BY REGULATION. F. The Owner intends to perform timely laboratory testing of waste materials to verify test results taken by the Contractor. In the event of discrepancies in test results and the resultant classification of waste materials, it is agreed by the parties to this Contract, that the Engineer shall perform independent testing and shall determine all questions in relation REPAINTING WATER STORAGE FACILITIES 0 2018 Stantec 1 193804156 0991 55 - 10 to the classification of waste materials. The Contractor will be held liable for all supplementary testing, Engineering, and associated Contract Administration cost. G. On or before the completion of Work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery, or other construction equipment placed by him. He shall remove all rubbish from any grounds which he has occupied and shall leave all of the premises and adjacent property affected by the operation in a neat and restored condition satisfactory to the Engineer. Restoration of grass areas shall be as specified in Section 32 92 00. H. No burning of trash (including abrasive bags or other paper or wood products) on the Site shall be permitted. All shielding, abrasive retrieval or other methods of using precautions required by the regulating agencies shall also be accomplished at no additional cost to the Owner, unless otherwise provided herein. Any fines imposed on the Owner or Engineer by any regulatory agency as a result of the Contractors non-compliance with environmental regulations shall be paid or reimbursed by the Contractor. 3.10 SITE CONSTRAINTS A. As shown on the Site Plan, the Contractor shall work within the fence areas shown on the Drawings. Parking is limited and additional parking if required shall be at the Contractor's expense and choosing. END OF SECTION REPAINTING WATER STORAGE FACILITIES 9 2018 Stantec 1 193804156 0991 55 - 11 This Page Left Blank Intentionally SECTION 33 01 16 STEEL WATER RESERVOIR REPAIRS PART 1 GENERAL 1.01 SECTION INCLUDES A. Structural repairs and modifications to the interior and exterior of City of New Hope 500,000 Gallon Water Tower. All references to Photographs or Drawings are included in the Specifications: 1. Interior Structural: a. Seal weld approximately 7 lap joints inside of the wet riser. b. Remove all erection scab marks and weld spatter below the High -Water Level by air arc gouging, cutting torch or grinding. There are over 200 erection bracket scab marks. See photos 8, 13, and 16. Repair the tank surface by welding and grinding. This will require an estimated 100-labor hours of welding and grinding. c. Replace the one 24-inch round manway gasket located in the wet riser and the one 12-inch by 18-inch oval manway gasket located in the wet riser. See photo 42. d. Remove the existing Cathodic Protection System. 2. Exterior Structural: a. Modify the roof handrail to tie into the ladder safety cage, extending the toe board beneath the ladder. See photo 29. b. Extend the shell ladder safety cage down to the balcony handrail. See KLM Drawing No. 47. c. The existing balcony handrail does not meet OSHA, top -of -rail height requirements and the requirements of a mid -rail. Modify the handrail to meet OSHA requirements or replace the handrail in its entirety with an OSHA compliant handrail. See photos 32 through 34 and KLM Drawing No. 10. d. Remove the existing FAA obstruction light and associated conduit and install a new FAA approved LED double obstruction light on the roof handrail. Provide a complete spare FAA approved LED double construction light. FAA light to meet the following requirements. 1) Approved under FAA specification L-810. 2) Red LED based obstruction light. 3) Weather and corrosion resistant lamp assembly and housing. 4) Rated 120V, 12.5W. 5) FAA approved photocell control. 6) Drain holes in the fixture base to prevent the accumulation of condensation. 7) Conduit entrance tap sized as required. 8) Manufacturer: Honeywell L810LED-002, or equal. 3. Alternate No. 1 - Mixer: a. Install a mixer with mounting bracket and controls as specified in paragraph 2.03 below. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Lump Sum Bid Item is provided for Structural Repairs and Modification, which includes all items listed in Part 1.01 of this Section, except for Item 1.01.A.1.d. Lump Sum STEEL WATER RESERVOIR REPAIRS © 2018 Stantec 1 193804156 3301 16- 1 Bid Item is for all work generally described by the Bid Item that is shown, specified, or implied by the Contract Documents. 2. A Unit Price Bid Item is provided for Welding, Grinding, and Removal of Erection Bracket Scab Marks and Weld Spatter. This Bid Item includes Item l .01.A.1.d as listed in this Section. Payment by the man-hour for pit welding, grinding, or removal of the erection bracket scab marks shall be compensation in full for all labor, equipment, and materials for this work. Welding and grinding attributable to specified repairs, modifications, or specified seal welding will not be paid hourly, since it is covered in the Lump Sum Bid Items. 3. An Alternate Bid Item has been provided for the addition of a Mixer in the water tower. This Alternate Bid Item shall include all costs to provide and install a new mixer in the tank, the wiring, installation of conduit, control panel, etc. as specified in this section. All contractors shall include an Alternate Bid add for this alternate on the Bid Form. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit shop drawings for the following items: I. Manhole gaskets per Paragraph 1.01.A.1.f. 2. Aircraft warning obstruction light per Paragraph 1.01.A.2.c. 3. Mixer per Paragraph 2.03. (Alternate No. 1). 1.04 QUALITY ASSURANCE A. Standards: The design, fabrication, and installation of the additional items for this water reservoir shall be in accordance with the requirements of the current American Water Works Association Specification ANSI/AWWA D100 for Welded Tanks for Water Storage. B. Approvals: The requirements of OSHA and the Minnesota Industrial Commission shall be followed for the design and construction of the additional items and all other pertinent aspects of OSHA shall be followed in carrying out this Contract. PART 2 PRODUCTS 2.01 STEEL MATERIAL A. All steel material shall be A36 rolled sections and plates. 2.02 GASKETS A. Buna-N Rubber with a durometer hardness of 50 on the Shore Scale as manufactured by Power Process Equipment, phone (612) 937-1000. 2.03 SUBMERSIBLE MIXER (ALTERNATE NO. 1) A. Provide one 1 /2 HP submersible mixer, which shall be attached installed on the interior wet tank floor. The mixer shall be a Solar Bee GridBee GS-12 submersible mixer. Provide 75 feet of retrieval chain and submersible power cable to run from the mixer to the top of the tank. Extend single phase power to the top of the tank to power this mixer. Provide a T316 stainless steel tank fitting and cord grip for sealed cord entry through tank roof. STEEL WATER RESERVOIR REPAIRS © 2018 Stantec 1 193804156 3301 16 - 2 B. Control Panel to be mounted to the wall of the adjacent well pump house and shall include an appropriate mounting bracket. C. Submersible Mixer Control Panel. 1. The mixer shall be supplied with a Control Box capable of disconnecting 120 VAC outgoing power to the mixer equipment and meeting the following criteria. 2. Enclosure: a. Wall mounted, NEMA 3R, UL-508 listed. 3. A "HAND-OFF" selector switch for the mixer shall be provided on the front of the control panel: a. In the HAND position, the associated mixer shall be called to run continuously. b. In the OFF position, the associated mixer shall be taken out of operation. 4. A current monitor for the mixer shall be provided inside the associated mixer control panel to provide proof of operations: a. Microcontroller based. b. Adjustable for single or 3-phase. c. Adjustable current sensing range from 2-135A. d. Sensor power and output status LED's. e. 1 15Vac control power. f. SPDT relay rated for 480VAQ240Vac. g. Manufacturer: SymCom Inc. Motor Saver LSR-1 15, or equal. 5. Provide contacts and terminals for monitoring points by the RTU. 6. Provide appropriate power wiring between the Control Panel and the junction box on the top of the tank. PART 3 EXECUTION 3.01 STRUCTURAL REPAIRS AND MODIFICATIONS A. Furnish, install, and/or perform all structural repairs and modifications as listed in 1.01.A. B. Repair by welding and grinding the erection scab marks, weld splatter, and poor welds as listed in 1.01.A. C. Modify and add new tank accessories as listed in 1.01.A. D. All repairs by welding shall be ground smooth or radiused. These will be welded by a skilled, certified welder under the direction of the Engineer. All welders shall be certified in conformance with ASME Section IX and shall submit current copies of all the welders' certifications to the Engineer and the Owner. The repaired areas shall conform to the surface preparation requirements of NACE Standard RP0178-95 as contained in Appendix C of the KLM report in these Specifications. END OF SECTION STEEL WATER RESERVOIR REPAIRS © 2018 Stantec 1 193804156 3301 16 - 3 This Page Left Blank Intentionally e 6 X Q d - Q L _ I N < a tL T .' z > z < °o A pW'-lr!`I .r9,rr 47TH AVE N I NORTH WATER TOWER LOCATION PLAN NEW HOPE, MINNESOTA FIGURE: 1 2018 NORTH WATER TOWER REHABILITATION DATE: 1 /19/2018 PROD. NO.: 193804156 4 Stantec 2335 Highway W W $1. Paul, MN 55113 wwws —fn .com This Page Left Blank Intentionally OHP OHP OHP OHP 1 ° n 47TH AVE N I a I\\A III ; Ilpz EXISTING FENCT (TYP) 11 1 II — 500,000 GALLON I , I III ELEVATED III nI 1 WATER TANK I II n 111 rl i I I III - I 11 � lil 1 0 f=� 106.3 PROPERTY LINE (TYP) SITE PLAN NEW HOPE, MINNESOTA FIGURE: 2 2018 NORTH WATER TOWER REHABILITATION DATE: 1/19/2018 PROJ. NO.: 193804156 175.0 0 30 60 Sta ntec 2335 Highway 36 W St. Paul. MN 55113 www.stanfe .c This Page Leff Blank Intentionally i ur ur rVV 111Vu 60' +/1 TANK ELEVATION TOWER INFORMATION MANUFACTURER: P.D.M. YEAR CONSTRUCTED: 1959 CAPACITY IN GALLONS: 500,000 NEW HOPE, MINNESOTA FIGURE: 3 2018 NORTH WATER TOWER REHABILITATION DATE: 2/2/2018 PROD. NO.: 193804156 4 Sta ntec 2335 Highway 36 W SI. Poul, MN 55113 wwwstonte .com This Page Left Blank Intentionally IL /N IL. V1\1V TOWER NAME SIGN SCHEME NEW HOPE, MINNESOTA FIGURE: 4 2018 NORTH WATER TOWER REHABILITATION DATE: 2/6/2018 PROJ. NO.: 193804156 4 Stantec 2335 Highway 36 W 5t. Paal. MN 55113 Www.5t—t—. This Page Left Blank Intentionally Page 1 of 1 Affidavit of Publication ADVERTISEMENT FOR BIDS led Bids will bereceived by the of New Hope, Minnesota, in the (,,,y Hall at 4401 Xylon Avenue North, until 10:30 AM., CST, Thursday, March 1, 2018, 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: "�i�[i06 C"raIIon Waier Elavaied Tank Iiehabilitatiom Chy_Pr❑ject No. 1()08 In general, Work consists of the following: An existing 500,000. gallon legged style elevated reservoir. Provide surfaced preparation, coatings, miscellaneous structural repairs, containment, and all associated work. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting questCDN eBidDoc #5520079 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantee, 2336 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Migineer's Project Manager, Mark Rolfs, at (651) 604-4872. 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 r ',d not to exceed 60 days after the and time set for the Opening of i—.... 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. Kirk McDonald, City Manager City of New Hope, Minnesota (Published in Finance and Commerce February 1, 8, 2018) 11480948 STATE OF MINNESOTA (SS. COUNTY OF HENNEPIN ) Description: 500,000 Gallon Water Elevated Tank Rehabilitation Bill Gaier being duly sworn on oath say she/he is and during all times herein stated has been the publisher or the publishers designated agent in charge of the newspaper known as Finance and Commerce (MN) 222 South 9th St, Suite 2300, Minneapolis, MN 55402 and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statute Section 331A.02.. (B) She/He further states on that the printed Construction 11480948 hereto printed as it was printed and published there in the English language; that it was first so published on February 01, 2018 for 2 time(s): the subsequent dates of publications being as ❑ ows: Thu, February 1, 2018 Thu, February 8, 2018 And that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: X ahcdcfggllijklmnapgrsluvwxyr abcdefghi Ikhnnopgrstuvwxyz Mortgage Foreclosure Notices (effective 7/l/2015). Pursuant to Minnesota Statutes §580,033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Hennepin County. The newspaper complies with the conditions described in §580.033, solid. 1, clause (1) or (2) If the newspaper's known office of issue is located in the comity adjoining the c y where the mortgaged premises or some part of the mortgaged premises described ti r,otiec are located, a substantial portion of the newspaper's circulation is in the au county. r . . • Subscribed and Swom to before me this 8th day of February, 2018 c (Notarial ALYSSA ERIN FRIEi7Ra NOTARY PUBLIC • MINNESOTA My Co nnssion Expires January 31, 2022 RATE INFORMATION: 1. Lowest classified rate paid by commercial users for comparable space: 2. Maximum rate allowed bylaw for the above matter: 3. Rate actually charged for the above matter: 16.0000 0.44069 0.4006 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 02/01/2018 and the last insertion being on 02/01/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: ,31 . h Designated Agent Subscribed and sworn to or affirmed before me on 02/01/2018 by Darlene MacPherson. RA kz Notary Public "`^` PAULINE :LLEE ; Notary Public-nesota�Y My Commission Expirn 11, 2 221 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 778552 CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10:30 A.M., CST, Thurs- day, March 1, 2016, 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: =0W Gallon Water Eteyi 1008 In general, Work consists of the following: An existing 500,000 gallon legged style elevated reservoir. Provide surfaced preparation, coatings, miscellaneous structural repairs, con- tainment, and all associated work. Complete digital Bidding Documents are available at www.questcdn, com for $20 by inputting QuestCDN eBk1Doc #5520D79 on the web - site's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul. MN 56113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Mark Rolfs, at (651) 604-4672. 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. Kirk McDonald, City Manager City of New Hope, Minnesota Published in the New Hope -Golden Valley Sun Post February 1, 2016 778552 Request for Action March 12, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director of Public Works Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution awarding contract to Osseo Construction Co. LLC for construction of public improvement project no. 1008 (2018 North Water Tower Painting) Requested Action Staff is recommending that Council pass a resolution awarding the contract for construction of public improvement project no. 1008 (2018 North Water Tower Painting) to the low -bid contractor Osseo Construction Co. LLC in the amount of $464,000. Policy/Past Practice The north water tower located on 471h Ave N was last painted in the summer of 1996 by Odland Protective Coating. A study Was performed in 2014 identifying the need for the interior and exterior of the water tower to be re -painted. Background The project consists of repainting both the interior and exterior of the north water tower, located at the corner of Aquila Ave N and 47th Ave N. This tower was last painted in 1996, and repainting is recommended approximately every twenty years. Bids were opened on March 1st and Osseo Construction Co. LLC was the low bidder with a total of $464,000.00 This compares to the Engineer's Opinion of Probable Costs of $650,000. An alternate was bid on this project to provide a mixer to be installed in the tank. Staff does not recommend proceeding with this alternate due to future maintenance cost and concerns. The proposed project schedule is: • Award bid on March 12, 2018 • Finish construction in summer/fall of 2018 Funding This will be funded from the Joint Water Commission. Attachments • Resolution r Engineer's Memo • Bid Tab I:\RFA\PUBWORKS\2018\Council\1008 North Water Tower Repainting\3-12 Award Bid\RFA 1008 award contract Repainting North Water Tower.docx City of New Hope Resolution No. 18-42 Resolution awarding contract to Osseo Construction Co. LLC for construction of public improvement project no. 1008 (2018 North Water Tower Painting) WHEREAS, the New Hope, Crystal and Golden Valley Joint Water Commission has approved funding for the repainting of the 500,000 gallon North Water Tower at 47th and Aquila avenues, New Hope, Minnesota; and, WHEREAS, the city engineer has presented plans and specifications for the repainting of the 500,000 gallon north water tower to the City Council for approval; and, WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with the 2018 North Water Tower Painting project; and, WHEREAS, the base bid of $464,000.00 from Osseo Construction Co. LLC is the lowest responsible bid submitted; and, WHEREAS, funding is available through the Joint Water Commission. NOW, THEREFORE, BE IT RESOLVED: That the contract of public improvement project no. 1008, the 2018 North Water Tower Painting project, is awarded to Osseo Construction Co. LLC. 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 121h day of March, 2018. Mayor Attest: City Clerk ® Stantec Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 March 2, 2018 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 500,000 Gallon Water Elevated Tank Rehabilitation City Project No. 1008 Stantec Project No. 193804156 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 500,000 Gallon Water Elevated Tank Rehabilitation Project on March 1, 2018..Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There was a total of 4 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Alternate No. 1 Low The Osseo Construction Co. LLC $464,000.00 $21,000.00 #2 Classic Protective Coatings Inc. $545,950.00 $22,100.00 #3 Maguire Iron, Inc. $554,650.00 $29,894.00 #4 TMI Coatings, Inc. $592,000.00 $19,800.00 The low Bidder on the Project was The Osseo Construction Co., LLC with a Total Base Bid Amount of $464,000.00. This compares to the Engineer's Opinion of Probable Costs of $650,000.00. The low Bidder, even when considering award of the Alternate, is The Osseo Construction Co., LLC. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then The Osseo Construction Co., LLC should be awarded the Project on the Total Base Bid Amount of $464,000.00. The City Council has the option to consider awarding the Alternate with the Base Bid. If the Council chooses to award the Alternate, the Total Amount would be $485,000.00 Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. 1--� Mark R. Rolfs, P. KIf Enclosure Design with community in mind Stantec Item I hprebycetryy that this ran exact Project Name: 500,000 GALLON WATER ELEVATED TANK REHABILITATION iMradlurtkY7 ppb& /e[d d. City Project No.: 1008 Project No.: 193804156 11-�A" �' Bid Opening: Thursday. March 1. 2018 at 10:30 A.M.. CST Owner: City of New Hope, MN Mark R. Ro^ P. E Lkww No. 16722 Bidder Hm 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Osseo Construction Co. LLC Classic Protective Coatings Inc. Maguire Iron, Irtc. TM Coatings, Inc. um Item Units PART 1- BASE BID WATER TOWER REHABILITATION: 1 MOBILIZATION LS 2 EXTERIOR CLEANING, SURFACE PREPARATION, DISPOSAL, LS AND PAINTING (INCLUDES NAME SIGNILOGO) 3 INTERIOR WET CLEANING, SURFACE PREPARATION, LS DISPOSAL AND PAINTING AS SPECIFIED 4 STRUCTURAL REPAIRS AND MODIFICATIONS LF 5 WELDING, GRINDING, AND REMOVAL OF ERECTION BRACKET HR SCAB MARKS AND WELD SPATTER 6 FULL NEGATIVE AIR CONTAINMENT LS TOTAL PART 1- BASE BID WATER TOWER REHABILITATION: ALTERNATE NO. 1- MIXER 7 PROVIDE MIXER PER SPECIFICATION SECTION 33 0116 LS TOTAL ALTERNATE NO. 1- MIXER BASED ON THE CONTRACT TIMES PER THE AGREEMENT FORM (SECTION 00 52 10, ARTICLE 4), PROVIDE PROPOSED CONSTRUCTION DATES: PROPOSED START DATE: SUBSTANTIAL COMPLETION DATE: FINAL COMPLETION DATE: Conti Name and Unit Price Total 1 $30,000.00 534 1 $170,000.00 $171 $140,000.00 514f 1 $84,000.00 S& 100 $100.00 51t $30,000,00 51 $464, $21,000.00 S21 Signed By: Title: Bid Security: August 1, October 15, November 1, The Osseo Construction Co LLC 14248 loth Street Osseo, WI 54758 715-456-5762 taoy[de0C-rc caoo Timothy J. PoPPle, Owner Bid Bond zit Price Total $18,250.00 518,250.00 $8,000.00 SB,ODOAO $25,000.00 $187,200.00 $187,200.00 $208,600.00 5208,600.00 $245,000.00 $112,550.00 $112,550.00 $100,000.00 S100.000.00 $160,000.00 $79,500.00 579,500.00 $39,050.00 53%050.00 $30,000.00 $130.00 513,000.00 $240.00 524,000.00 $120.00 $135,450.00 5135.450.00 $175,000.00 S175,000.0d $120,000.00 $22,100.00 s22.100.M $29,894.00 529,894.00j $19,800.00 July 30, 20IS August 1, 2018 June 4, October 3, 2018 October 2, 2018 August 5, October 26, 2018 October 17, 2019 November 1, Classy Protective Coatings, Inc. Maguire Iron, Inc. TMI Coatings, Inc. N7670 State Hwy 25 1610 N. Minnesota 3291 Terminal Drive Menomonie, WI 54751 Sio= Falls, SD 57104 St. Paul, MN 55121 715.233-6267 605.334-9749 651-452.61DO eCTlvECOaii s. wrrdett�rt3aoismaroar.com f tmlma5rrgs.cam Ray Witim Gene Jones, Jr. Tracy Gliod PreSKWnt President Nes6enr Sid Bond Bid Bond Sid Bond 193804156-BidTab.xlsm BT-1 ns It I Let r The Osseo Construction Co LLC PO Box 143 14248 10th Street Osseo, WI 54758 PH: 715-456-5762 Fax:715-597-2474 tpopple@tcc.coop To: Customer Name: City of New Hope, MN Address Line 1: Address Line 2: City, State, Zip: ❑ Attached ❑ Shop Drawings ❑ Specification CONS'T►f►I ACTIN 7/18/18 Attention: Attorney, Steve Sondrall 500,000 Gallon Water Elevated Tank Re: Rehabilitation Job Number: City Project No. 1008 _ We are sending you ❑ Under Separate Cover via: the following: ❑ Prints ❑ Plans ® Other: Contracts ❑ Change Order ❑ Samples Submittal No. Description 4 sets of contracts These are transmitted as checked below ❑ For Approval ❑ Approved as Submitted ❑ Resubmit copies for approval ® As Requested ❑ Returned for Corrections ❑ Return corrected prints ❑ For Review and Comment ❑ Revise and Resubmit/Work May Not Proceed ❑ FOR BIDS DUE: Comments: Copy to: Stantec Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 March 14, 2018 Mr. Timothy J. Popple The Osseo Construction Company LLC 14248 1 Oth Street Osseo, WI 54758 Re: City of New Hope, Minnesota 500,000 Gallon Water Elevated Tank Rehabilitation City Project No. 1008 Stantec Project No. 193804156 Notice of Award/Contract Documents Dear Mr. Popple, You are notified that your Bid dated March 1, 2018 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $464.000.00 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 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: Steve Sondrall Jensen Sondrall Persellin & Woods, P,A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies The Osseo Construction Company LLC. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Chris Long 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, Mark . Rolf" P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney Do ign with community in mind GORDON L. JENSEN' MELANIE P. PERSELLIN2.3 STEVEN A.SONDRALL STAGY A. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in Illinois/Colorado 'Qualified Neutral Mediator under Rule 114 JENSENSONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW July 23, 2018 Valerie Leone 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 www.jspwlaw,com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@lspwlaw.com City Clerk personal delivery City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 500,000 Gallon Water Elevated Tank Rehabilitation City Project No. 1008 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract with The Osseo Construction Co. LLC. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificates of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. Si cerely, Stacy A. W ods, Assistant City Attorney, City of N w Hope Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Public Works Director Chris Long, City Engineer P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-10030 (Public Works general)\Leone ltr - 500,000 Gallon Water Elevated Tank Rehab - Project No. 1008.docx ale July 25, 2018 Mr. Timothy Popple The Osseo Construction Co. LLC PO Box 143 14248 101h Street Osseo, WI 54758 SUBJECT: Water Tower Rehabilitation - (Project 1008) At its meeting of March 12, 2018, the New Hope City Council approved the contract with your company for project 1008 for $464,000. Enclosed is a fully executed contract. 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 per Minnesota Statute 290.97). Please contact Chris Long with Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely,. 1. 6 �1� Valerie Leone City Clerk, CMC Enclosures — Contract, IC-134 cc: Chris Long, city engineer Bernie Weber, public works director 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 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 May 7, 2020 Kelly Omann Omann Contracting Companies, Inc. 6551 LaBeaux Ave NE Albertville, MN 56301 SUBJECT: Water Tower Driveway and Site Restoration (completion of Project 1008) Thank .you for your quote for the water tower driveway and site restoration at the city's north water tower for $31,990. Enclosed are two fully executed construction agreements. Please forward one to your bonding company. 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 per Minnesota Statute 290.97). Please contact Dan Boylan with Stantec at 612-712-2021 if you have any questions regarding the project. Sincerely, fe:�7 Valerie Leone City Clerk, CMC Enclosures — Contract, ICA 34 cc: Dan Boyum, ci ry engineer Bernie Weber, public works director CITY OF NEW HOPE 4401 Xylon Avenue North . New Hope, Minnesota 55428-4898 . www. ci.new-hope.mn.us City Hall: 763-531-5100 9 Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 CONTRACT DOCUMEMTS Quote Project Manual For Water Tower Driveway and Site Restoration ff� r /00 e' CONTRACT n LO ftso E. Prepared for: City of New Hope, Minnesota City Quote Project (3 Stantec July 2019 Stantec Project No. 193804153 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Dan D. Boyu , P.E. Date: July 19, 2019 License # 23451 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2019 Stantec 1 193804268 0001 05 - 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 0041 10 Quote Form Contracting Requirements 00 52 10 Construction Agreement and Performance Bond SPECIFICATIONS GROUP SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 2313 Subgrade Preparation Division 32 - Exterior Improvements 3211 23 Aggregate Base Course 32 12 01 Flexible Paving for Municipal Projects 32 92 00 Turf and Grasses END OF SECTION TABLE OF CONTENTS 0 2019 Stantec 1193804153 0001 10-1 Stantec THIS QUOTE IS SUBMITTED TO: Ann Dienhart c/o Stantec Via E-mail ann.dienhartostantec.com QUOTER:__�M,A,N4IJ (NI, DOCUMENT 00 41 10 QUOTE FORM WATER TOWER DRIVEWAY AND SITE RESTORATION PROJECT NO. 193804153 NEW HOPE, MINNESOTA 2019 QUOTES DUE: Tuesday, 9/17/2019 at 11 A,M, The undersigned, being familiar with your local conditions, having mde the field inspection and investigation deemed necessary, having studied the Drawings and Specification for the Work, including Addendum No.'s and being familiar with all factors and other conditions affecting the Work and costs thereof, hereby proposes to furnish all labor, tools, material, skills, equipment, and all else necessary to completely construction the Project in accordance with the Drawings and Specifications, as follows: ! No. Item Units Qty Unit Price Total Price BASE QUOTE - WATER TOWER DRIVEWAY AND SITE RESTORATION: 1 MOBILIZATION 2 COMMON EXCAVATION (HAUL AWAY) (P) 3 AGGREGATE BASE, CLASS 5 4 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS, (2,B) 5 TOPSOIL BORROW (LV) 6 RESTORATION WITH SEED 25-131 TOTAL: CY 45 co $ o�� 3 YD,` o TN 55 $ 3a ,so $ TN 30 $ . ��D.�4 $ CY 150 $ _y�, s� $ `r 7��•`� SY 1500 $ �. S� $ d, 7 Sp •� $ 3l9' 9a•.� ® 2019 Stantec 1193804B00 00 41 10 - 1 QUOiE FORM The final amount of payment shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the Quotation Unit Prices, therefore in the manner prescribed in the Specifications. However, the low Quotation shall be determined by adding the sums resulting and multiplying the quantities stated by the Prides Quoted therefore. In submitting this Quotation it is understood that the Owner retains the right to reject any and all Quotations and to waive irregularities and informalities therein and to award the Project to the best interest of the Owner. In submitting this Quotation, it is understood that payment will be by cash or check. Respectfully submitted, OA� commq'wr'n Afar (A Corporation) Aarne �✓�Pbvfl , v, (An Individual) (A Partnership) Spier We Prinicd Nirme of Signer Phone Number E-mail ® 2019 Stantec 1 193804153 0041 10 - 2 QUOTE FORM SECTION 00 52 10 CONSTRUCTION AGREEMENT WATER TOWER DRIVEWAY AND SITE RESTORATION THIS AGREEMENT, made on September 17 2019, between the City of New Hope, a Minnesota municipal corporation (" Owner'D, and Omann Contracting Companies, Inc., a Minnesota Corporation, ("Contractor'). The Owner and Contractor agree as follows: 1. The Contractor accepts the relationship of trust and confidence established between the Contractor and the Owner by this Agreement. The Contractor covenants with the Owner to furnish the Contractor's best skill and judgment to further the interests of the Owner. The Contractor agrees to furnish at all times an adequate supply of workmen and materials, and to perform the work in the best and most sound manner and in the most expeditious and economical manner consistent with good construction. 2. The Contractor hereby represents that it is licensed to do business and perform the acts required hereunder and will contract only with subcontractors that are similarly licensed in the State of Minnesota. 3. The Contractor shall perform the work in accordance with the attached Specifications for the price stated in Contractor's attached proposal. 4. Except as specifically set out in the Specifications, the Contractor shall provide and pay for labor, materials, equipment, tools, construction, equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work. 5. The Contractor shall take reasonable precautions for the safety of its employees on the job site, and shall comply with all applicable provisions of federal, state, and municipal safety laws to prevent accidents or injury to persons on, about, or adjacent to the Project site. The Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of work, necessary safeguards for the protection and workmen and the public. 6. The Contractor warrants to the Owner that all materials and equipment furnished under this Agreement will be of good quality and new, unless otherwise specified, and that all work will be of good quality, free from improper workmanship and defective materials and in conformance with the Specifications. The Contractor agrees to correct all work performed by it under this Agreement which proves to be defective in material and workmanship within a period of one year from the Date of Completion. 7. The work shall commence after contracts are signed and approved, a 48-hour notice is required before start of work. The Owner would prefer work to be completed in 2019, however, will accept work completed in 2020 as the contract completion dates reflect. Work shall be substantially completed by 3une1, 2020. Final Completion shall be June 30, 2020, 8. The Owner, without invalidating this Agreement, may order changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions. The Contract Price and the Contract Time Schedule may be adjusted accordingly. All such changes in the project shall be authorized by written Change Order signed by both parties. 9. The Contractor shall purchase and maintain the insurance coverages and a performance bond. Insurance coverages shall be in accordance with the City's standard Contractor Insurance requirements and shall be submitted on ACORD 25 forms. Performance Bond shall be submitted on Document 00 61 13.13 Contractor shall also be responsible for all claims under worker's compensation, disability benefit, and other similar employee benefit acts which are applicable to the work to be performed. Certificates of Insurance acceptable to the Owner shall be filed with Owner at the Owner's request, prior to commencement of the work. 10. When required by Owner, and as a prerequisite to payment, Contractor will provide, in a form satisfactory to Owner, partial lien or claim waivers and affidavits from the Contractor, its Subcontractors, Sub -Subcontractors, and suppliers for Contractor's completed work. CONTRACTOR: OWNER: Omann Contracting Companies, Inc. Ci*New , Minnesota ay r Its�Sl Attest: 1 � y Its City Clerk M PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal By: Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 (Seal) 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. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 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 2.2 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 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 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 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 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 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 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 the 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: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. 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. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. 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. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. 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. 11. Definitions. 11.1 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. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 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 otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Paee 3 of 3 This Page Left Blank Intentionally SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 32 92 00 - Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (Haul Away) (P). Measurement will be by volume of material in its original position, based on pre -construction cross sections and the design grading grade profile performed by the Engineer. Quantity shall be calculated and computed by the average end area method, using the original cross sections. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 3. A Bid Item has been provided for Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. EXCAVATION AND FILL 0 2019 Stantec 1 193804153 31 23 00 - 1 1. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 2. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 SEQUENCING AND SCHEDULING A. Perform excavation of disturbed area of water tower driveway. B. Complete subgrade for driveway, compact prior to driveway aggregate placement. C. Complete finish grading/smooth grade of turf areas prior to topsoil placement. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil Material: Conform to MnDOT Spec 3877.2.E 1. Loam Topsoil Borrow a. All topsoil must be screened and pulverized. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3.A, or modified herein. 1. Establish traffic control prior to excavations as necessary. 2. Establish the erosion control devices prior to all excavations. 3.02 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3.D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 3. No solid rock will be allowed within 12-inches of the subgrade. 4. Provide and maintain temporary drainage facilities until permanent facilities are completed. 5. After the driveway excavation is complete and prior to backfilling operations, notify the Engineer 24-hours in advance so all excavation areas can be cross -sectioned to determine quantities. 3.03 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3.1, or as modified herein. 1. No disposition of bituminous will be permitted within the Project limits. 3.04 FINISHING OPERATIONS EXCAVATION AND FILL 0 2019 Stantec 1 193804153 31 23 00 - 2 A. Conform to MnDOT Spec. 2105.3.1-1, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL 0 2019 Stantec 1 193804153 31 23 00 - 3 This Page Left Blank Intentionally Al TM Document A312 2010 Performance Bond CONTRACTOR: (Vanie. legal sraras• and address) Omann Contracting Companies, Inc. 6551 La Beaux Ave NE Albertville, MN 56301 OWNER: (Armne, legal s•tatcr.s and oddi'vss ) City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: September 17th, 2019 SURETY: (Vance.., legal s•rams• and principal place of business) North American Specialty Insurance Company 1200 Main Street Kansas City, MO 64105 Amount: Thirty-one Thousand Nine Hundred Ninety And Noll00($31,990.00) Description: f_Maruce and locations Water Tower Driveway and Site Restoration BOND Date: April 24th, 2020 (_Vvi earlier Than Consri-erction C'onWact Date) Amount: Thirty-one Thousand Nine Hundred Ninety And Noll00($31,990.00) IVloditications to this Bond: IM None D Sec Section 16 Bond No.: 2294987 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Cvmner, or other party shall be considered plural where applicable AIA Document A312-2010 combines two separate bonds; a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL SURETY Company: (C'or7)o7-(7re Seal) Company: (C077707•are Seal) Omann Contracti=Coi7, Inc. North American Specialty Jnsurance Company Signature: , uttirc: � � � Vff c/7,0—t Wj Name Ke I �y Name Melissa M. Nordin and Title: hre57dri1 t- and Title; Attorney -in -Fact ( n'i- addiiiosral appear vet the lase page cftjjjs f c>> fvnuc:xce Bond.) rl-'OR IVFCiX1J41J0.V 0_VL1'—Xawe, address and releplioice% AGENT or BROKER; OWNER'S REPRESENTATIVE: (Archiiecr, Fugineer or orl7er h pcn• American Agency, Inc. 5851 Cedar Lake Road Minneapolis, MN 55416 (952) 545-1230 Init. AIA Document A312 1" — 2010. The American Instltule of Arcnitects. Bond No.: 2294987 § 1 The Contractor and Surety, jointly and Severally, bind themselves, their heirs, executors, adnainislraIors, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by rel'crence. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when -applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation Under this Bond shall arise after .1 the Owner tirst provides notice to the Contractor and the Surety that. the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. if the Owner does not request a conference, the Surety may. within five (5) business clays after receipt of the Owner's notice, request such a conference. if the Surety timely roqucsts a conference, the Owner shall attend. Unless the Owner agrees otherwise. any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If thc. Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms ol'the Construction Contract to the Surety- or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Chvner to comply with the notice requirement in Section 3.1 shall not constittrte a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Seetion 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrangc for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract° § 5.2 Undertake to perform and complete the Construction Contract itself. through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals Iron qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as it result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, stake payment to the Owner; or .2 Deny liability in whole or in part and notify the (honer, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt ol-an additional written notice from the {honer to the Suret; demanding that the Surety perforitt its obligations under this Bond, and the Owner shall be entitled to entbrec any remedy available to the Owner. ll the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. init. AIA Document A31211 — 2010, The American Institute of Architects. 2 Bond No.: 2294987 § 7 if the Surety electa to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner ,hall nor be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the. Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of th.t: Contractor Ibr correction ofdeleclive work and completion of the Construction Contract; .2 additional legal, design prolcssional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual darnages caused by delayed performance or non-performance of the Contractor. § 8 lithe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice ol'any change. including changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obi igations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor I?etatilt or within two years after tite Contractor ceased working or within two verbs after the surety refuses or flails 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 thejurisdiction of the suit shall he applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished it, comply with a statutory or other legal requirement in the location wltcre the construction was to be performed, any provision in this Bond contiicting with said statutory or legal requirement Shall be dccrncd dolcted here from and provisions con lbrining to such statutory or oilier legal requircmcnl shall he deemed ineorporaled herein. When so rurnished, rite intent is that this 13ond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amotint payable by the. Owner to the Contractor tinder the Consu'trction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contact Documents. § 14.3 Contractor Default. failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Consirtiction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agrecurcnt between a Contractor and subcontractor, the term Contractor in this Bond shall be dectued to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A3121m — 2010. The American Institute of Architects. 3 Bond No.: 2294987 § 16 Modifications to this bond are as follows: (Space is provided helou- for- additional signatmves of added pai-iies, other- than those appearing on the col-er page.) CONTRACTOR AS PRINCIPAL SURETY company: Wor porate Seal) -Company: !C'arporate S'eaO Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. Init. AIA Document A3121M — 2010. The American Institute or Architects. INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the day of , before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that he executed the same as his/her/their free act and deed (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF i, ss On the 2-* day of/'rr'l/2olo, before me personally appeared r, to me known, who being by me duly sworn, did say that he/she is the VCt of b Cv zS C. the corporation described in an which embeuted the foregoing instrument; that he/she 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 he/she signed his/her name thereto by like order neloresM::LindenreSser Lk`)Nr+rARYPUBLIC(Notary Seal) 1 +:.rdE soTA ACKNOWLEDGMENT OF CORPORATE SURETY Dolores Marye LIndenrelser STATE OF MINNESOTA Nofff PUBLIC ss eryCq . MIVIYESOTA isfionE�� ,� COUNTY OF Hennepin ar 7Q25 On theZ1Y day of 14- —d 1 2020, before me personally appeared Melissa Nordin to me known, who being dulworn, did say that he/she is the aforesaid officer or attorney -in -fact of the or S c a corporation; that the seal affix,6d to the fo egoing instrument is the coeporatelseal of said corporation, and.that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (Notary Seal) ALAN RICHARD STARKS NOTARY PUBLIC - MINNESOTA My Commission Expires ' January 31.2023 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: TERRY STARKS, ROBERT E, CLEMANTS. MELISSA M. NORDIN ALAN STARKS, NAME ALEMDAR and JEFFREY SETTEM JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seat and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice Presidcnt, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seat of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," qj� �IOkA� ?33 �eP`•�y By W-'O�iROtS c}' E: imp sieran l'. Andno ea, 5en[vr Vire Pr¢sEdent o[WashfaRtoo TalemalSQviTtuuranBEAL Company xi 5L } s7S fi173 Apo & Senior Vice President or North American Speclalty Insurance Company}m nr7rm11111 N���� BY�_ ....... hllchael A, Ito, Ben or ct�imi of WaWrigfsn Incernatisanalnq[raRCQ ompaay & Senior Vice President or North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 8th day of November 2017 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 8th day of November _, 2017. ,before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito . Senior Vice President of Washington International Insurance, Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M4 KKNNY flouryco nt- Stataofltlrwir My Curr+mirclon Expires 4?104211 M. Kenny, Notary Publio I, eff ldb the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 24th day of April , M20 Jeffrey Goldberg, Vice President & Assistant secretary of Washington International Insurance Company & North American Specialty Insurance, Company Bond No.: 2294987 ilTM _� �_ I Document A312 �- 20�o Payment Bond CONTRACTOR: (,Vaune, legal sratus and orldr•es•s) Omann Contracting Companies, Inc. 6551 La Beaux Ave NE Albertville, MN 56301 OWNER: (.Mamie, legal statrts acid addreso City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: September 17th, 2019 SURETY: (I arnne. legal srarrns• and prirncipal place Of btisireSo North American Specialty Insurance Company This document has impoilant legal 1200 Mein Street Kansas City, MO 64105 consequences. Consultation will) an altontey is encouraged with respect to its completion or modification Amount: Thirty-one Thousand Nine Hundred Ninety And Noll00($31,990.00) Description: (,Vallle and location.) Water Tower Driveway and Site Restoration BOND Date: April 24th, 2020 (rotean•lien'thane CO"stn"1letianr ColmactDate) Amount: Thirty-one Thousand Nine Hundred Ninety And No/100($31,990.00) Modifications to this Bond: © None ❑ Sec Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (C'orpon•atclSe(7l) Comp21Iy: (C'orporate.SSeah Any singular reference to Contractor, Surety, Gwner or other party shall be considered plural where applicable. AIA Document A312--2010 combines two soparale bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Boni[. Omann Contracting riles, Inc. North American Specialty Insurance Company Si�uaturc; Sit;nulurc: - ��-�� Namc ke Nume Melissa M. Nordin arldTitic;f]rPSi�l��� audTitic; Attorney -in -Fact (Ann1trel&rionnrr1 siginntur e,s• appear on rile last pelge of this Pat mennt Build..) .FOR I_VF0R7L4rIQV O.VLY— Vane, address• and telephone) AGENT or BROILER: OWNER'S REPRESENTATIVE: American Agency, Inc. (Al'chitect, E:1,ginreer or other pan t1,: ) 5851 Cedar Lake Road Minneapolis, MN 55416 (952) 545-1230 [nit. AIA Document A312— —2010. The American Institute of Architects. Bond No.: 22949o/ § 1 The Contractor and Stlrely,,jointly and severally, hind Ihe»niticlves, their heir~, exectuors, a hninislrators, successors and assigns to the Owner to pay for Libor, materials find equipment liirnishett Igor use in the perl'ormance ofihe Construction Contract, which is ineorporated llarcin by- reference. subject to the tilflo\v¢ng terms. § 2 iftht: Contractor promptly makes Payment ol'rtll sums clue to Claimants, ;toil de[encls, incfemnilies and holds harmless the ()►vner front claims, demands. liens or snits by any person or entity seeking or equipment iirnished for use in the performance of the Construction Contract, [hen the Surety And the [ ono actorals shall have no obligation tinder this Bond. § 3 IPthere is no Owner DclaUh under the Construction Contract, the Surety's obligation to tilt ()�vner under this >3ond shall arise after the Owner has promptly notified the Contractor Lind the Store ibr labor, demands, !seal or suits against the Owner or the Owner's property by ally Izct•tiotl 01' a alit acel.itt 1 meal t7' (at the address described in Section 13) tsar labor, rnntcriais or rtluipment lurnislied liar use in the perkmllance of -the Consirticlion ('nniiac and tendered dCIe111C Of Buell claillls, deniallds, liens or suit, to the Contractor and the Surety. § 4 When the Owner Itas satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indenulily and hold harmless the Utvne:r against a duly tendered claim, demand, lien ol• suit. § 5 The Surety's obligation, to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do :lot have a dit•ccL contract t� i[li the Contractor, .1 have furnished a written notice of non-payntent to the Contractor, :stating with substantial accuracy the amount claimed and the name or the party to whorl) [Ile materials were, or equipment was, furnished or supplied or tar whom" the labor was done or pertornied. within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim. and •2 have sent a Clain" to the Surety (at the address described in Section 13). § 5.2 Claimants. who are employed by or have a direct contract with the Contractor, have sent a Claire to the Surety (at the address described in Section 13). § 6 If a notice of non-pavtnetit required by Section 5,1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to ftirnish a written notice Of non -Payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2. whichever is applicable, the Surety shall promptly and at the Surety's expense fake the following, actions: § T1 Send an answer to the Claimant, with It copy to the Owner, within sixty (60) days after receipt of the C.'lailn, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge Its obligations under Suction 7.1 or Section T2 shall not be deemed to constitute a waiver of defenses 11117 Stirety or Contraciol Inuy have or acquire as to a Claim, excePt as lea undisputed amounts for which the: Surety ,ind CIairlaant [lave reached agreement. if, however, "lie Surely !ails to discharge it obligatiolls under Section 7.1 or Section 7.2, the Surety shall indunlnify the Claimant for the reasonable attornev's fees the Claimant incurs tltcrcafier to recover any sums found to be clue and Owing to the Claitnant. § 8111c Surety's total obligation shall not exceed the amount of this Bond, lulus the amount ofreasonable attorney's fees provided tinder Section 7.3, and the anluunt of this Bond shall be credited for any payments ntatlr in good laith by Else Surety. § 9 Amounts owed by the Owner to the conli•actor under the Construction Contract shall be used for the performance Of [he Construction Contract and to satisfy claims, Wally, under any construction perfortnartce bond. By the Contractor rumishing and the Owner accepting [his Bond, they ;tgrce that all hinds earned by the Contruclar in tile. perFihrnt.ance ofthe Construction Contract are dedicattt d to sdIisfy obligations of the Contractor and Suretunder ibis Bond. subject to the Owner's priority to use the finds for the completion of the work. y Init. AIA Document A312,m _ zuI U. The American Institute of Architects. 6 Bond No.: j_. § 10 The Surety shall not be liahie to Ilse Owner, C:laiirtanis far ethers lilt ctllligatinns of Ihe: C orttracteyt that are tors laud to the Construction Contract. Tfti Owner shall not he liable (or the payment ol'any costs or expenses of•ttnv Claimant under this Bond, and Shall have under this fond no Ohl19ation to makee payments to, or give notice on behalf Of' Claimants or otherwi c have any obligations to C•I,=imantx tinder thi; F3and. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related sulhcnntracta, purchase orders and other obligations. § 12 No suit or action shall he corlltttenced by a Clailnant tinder this Bond other than in a court of competent jurisdiction in state in which fi expiration Of One Year Frrnit the dale pmjecl that is fhc slNecl of the Construction Contract is located or after the ne on ►►•hiclt the Clttitnant sent a Claitl tee the Surety pursuant to Section 5.1.2 OF 5.2, or (2) oil ►Vhich the last labor or service was performed by anyone or the last materials ar equipment were furnished by ultyone udder the Construction Contract, whichever of (1) or (2) tu•st occurs. ff the provisions oFlhis Paragraph are void or prohibited by law, thr minfintini lluriod of limitation available to sureties defensc in the jurisdiction of tits suit shall be applicable . as a § l t Notice and Claims their fife Surety, the t3►vncr or the Ltmlractor shall be mailed or delivered !ct the address shown Oil die page eye which their signulurc appears. Actual receipt of notice or C"laims, Itowevcr uccotttpiished, shall be suftici0rit compliance as ofihc [late received. § 14 When this Bond has lyeetl furnished to with said statutory or [ogal rccluirelnent comply with a statutory or other legal reciuirement in the location ►►•here the constnietiatt wits to be performed. any pro► ision in this Bond conflicting; shall be deemed deleted here Ira ill atld provisions conlbrining to sucf, statutory or otl tar lcgaI requireincnt shall be deemed incorporated herein. When so furnished, the inlcitl is that this Bond she!! be construed tts a ;lattilory bond and [tot as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made, § 16 Definitions § 16.1 Claittl. A written statement by the Claimant including at a minimum: .1 the ttante of the Claimant; .2 the name or the person for whore the labor was done, or ntaicrials or equipment Furnished; .3 a copy of fhc agreement or purchase order pursuant to which labor, materials pr equipment ►vas furnished Cor usc; itt tltc performance of the Con strucIion Contract; .4 ,t bricCdescription of the labor, materials or eclttiptilent Furnish d; 5 the date on which tlt11 C[aintanl last perli)rnn:d labor or last Furnished materials or equipment For use in the perCormaitce oFthe (;Destruction Contract: .6 [Ile total amount earned 1ta• life C;lainlaltt Fur labor, iaterials or equipment iurnished as of the da the Claim; te of 7 the total amount of previous payments reezived by the Claimant; and .8 the total anlottnt due and unpaid to the Claimant For labor, materials or equipment furnished as ofncc date of the Claitn. § 16.2 Claimant. An individual or entity having a direct :ubcontrac contract with the Contractor ur a ith awr aFtflr Contractor to fw7tislt labor* tt1aterials 0r cgttiptlte:ttl 1Rr use in the per Form ancc of (lie Construction C:antracE. g'hc tern[ Claimant also includes an)• individual or entity• that has rightfully asserted it claim under an applicable rn e:ltanic's lien or simifar statute against the rail property upon ►vIiich tlic Project is Iocated. "E'lu in of'this 13ottd shill be to include without lititilatiott in the le:rnts "labor, materials or cytlipntt nt" that part of water. gas, }Bond light, bout, oil. gasoline, required I srtc6o or rcnttfl treluiPrue nt u:cd in the Construction Contract, arehitcctural and engineering service s rccluired for perlortnttnrsc of tltc work of the Contractor and the Contractor's subcontractors, and all other items For which a mtchanic's lien eta) be asserted in the furnished. jUri sdicIion where the Iabor. taterials or ccluipnlcn! were § 16.3 Construction Contract, The a&-reement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, Intt. AIA Document A312IM - 2010. The American Insliftde of Architects. Bond No.: 2,. § 16.4 Owner Default. Failure of fhe Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Coriract or to pert'arm and completc or comply with the other Materiai terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued fi,)r an abruco nt between a Contractor and subcontractor, (lie term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deomed to be Contractor. § 18 Modifications to this bond are as follows: fS!Jy ce is lu•os•ided l►eJou far Odditiontrl.sigrratrrres of ndrledparties, CONTRACTOR AS PRINCIPAL ather than those appearing opt the coy er prrgi•, j CompanySURETY : (Corporale Seal) Company: p Y' (C or par•ale ,Seal) Signature: Signature: Name and '1•itle: Address Name and "title: Address CAUTION, You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obsow-ea, Init. AIA Document A312 -'r — 2010. The American Instltute of Architects. STATE OF INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT COUNTY OF ss On the -- day of before me personally appeared known to be the persons) described in and who executed the foregoing instrum Principal(s), and acknowledged to me that to me and deed. _he_ executed the same as his/her/their free act (Notary Seal) STATE OF CORPORATE ACKNOWLEDGMENT fJ COUNTY OF ss On theJ4 day of j r 1'/ilt�'before me personally appeared I known, who being b�me duly sworn, did say that he/she is the d r c' GW ��'� C.c� y ��.� a�� to me corporation described in and {� r s `- `'t of seal of said corporation; that the seal affixed to said instrument is such corporate the ich exec ted the foregoing instrument; that he/she knows the so affixed by order of the board of directors of said corporation; and that he/she signed name thereto by like order pshate seal; that it was ( •� /} _ _ 9 d his/her (Notary Seal) ACKNOWLEDGMENT OF CORPORATE SU STARETY TE OF MINNESOTA COUNTY OF Hennepin ss More$ Marie Linde NOTARY PUBLIC re1SBr MINNESOTA �'� � On thell- day of x-, known, who being dulwa n, did say that he/she me the Personally a �o before Y appeared Melissa Nordin to me �r crc� ❑resaid officer or attorney -in -fact of the corporation; that the seal off ed to the f regoing instrument is the cor rate eal corporation, and that said instrument was signed and sealed in behalf of said corporationlOfs`a aforesaid officer, b yof said Y authority of its board of directors; and the aforesaid officer acknowledgby ed he said instrument to be the free act and deed of said corporation_ (Notary Sea ALAN RICDSTARKSNOTARY PUMY CamJanua SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: TERRY STARKS, ROBERT E. CLEMANTS, MELISSA M. NORDIN ALAN STARKS, NAME ALEMDAR and JEFFREY SETTEM JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000,00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9 h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice Presidcnt, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." p114i11lllfrtr�r�i ur a �e B [[ii%% SS tiaRpA s SEALCApS y i , m = Steven P, Anderson, Senior Vice President or Washington International Insurance Compasry ��1L 1073 & Senior Vice President or Nerlh American Specialty Insurance Company % ON So nlllryiilllilVnl��� 4f54Pe;By ;±'r� Nfichael A, lianor ram, urn= ei.11alsAls0uranca amoany r & Senior Vice President or North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 8th day of November__-___, 2017 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS! On this 8th day of November _ 2017. , before me, a Notary Public personally appeared Steven P, Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and M e A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, OFflCiAi. SEAL K KERNY Noury Public • Sum of G mIG MyC "412G2ipres M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected - Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 24th day of April M20 , Jeffrey Goldberg, Vice President & Assimanl Secretary of Washington International Insurance Company & North American Specialty Insurance Company o�D® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER CONTACT NAME: Tina Messer Advantage 1 Insurance Pam" � 320-252-6650 FAx 320-252-7536 3801 N 3rd St E-MAIL tins dvanta eonelns.com St Cloud, MN 56303 INSURED OMANN BROTHERS, INC DBA Omann Brothers Paving PO Box 120 Albertville, MN 55301-0120 COVFRAC;F9 rGpTICIf ATF 1101111111CCo. ennnwee• INSURER B: INSURERC: INSURERD: MSURERE: INSURER F : newn�n THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE D U POLICY EFF IPOCICr FxP 0R POLICY NUMBER NMR7D MMfOOIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY A732017 04/01/2020 04/01/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR EMISES Ea NPR e $ 300 OOO MED EXP (Any one person) $ 10,000 _ PERSONAL & ADV INJURY $ 11000,000 X AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000,000 GEN'L PRODUCTS - COMPIOPAGG $ 2 00O 000 POLICY JECT LOC OTHER: A AUTOMOBILE LIABILITY A732017 04/01/2020 04/01/2021 ( �INd1-�DtsiNGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED X BODILY X AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY INJURY (Per accident) $ PROPERTY DAMSE For acciden $ $ A X UMBRELLA LIAR OCCUR A732017 04/01/2020 04/01/2021 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A731921 04/01/2020 04/01/2021 IH _ X I STATUTE I ER YIN ANY OFFICE RIME MBER EXCLUDEp9 ECUTIVE N NIA E.L. EACH ACCIDENT $ 1,000 000 E.L DISEASE- EA EMPLOYE 000 000 $ 1,000,000 (Mandatory In NMI If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS below _F A Equipment Floater A732017 04/01/2020 04/01/2021 rented/leased $200,0 deduct 1,000 B DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 193804153 Watertower Driveway and site restoration CERTIFICATE HOLDER rAkir t-I t ATInk1 City of New Hope 4401 Xylon Ave N New Hope, MN 55427 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED (01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by TMM on April 23, 2020 at 11:48AM SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL K11111111111111111091MAYMA A. Section Includes 1. Grading, shaping, and compacting subgrade prior to placing abase or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. l . All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 21 1 1 -Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed on the existing gravel base prior to placement of additional gravel base material. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. SUBGRADE PREPARATION © 2019 Stantec 1 193804153 31 23 13 - 1 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 21 1 1, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1 /2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F, or as modified herein 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3H, or as modified below 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2019 Stantec 1 193804153 31 23 13 - 2 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. AGGREGATE BASE COURSES 0 2019 Stantec 1 193804153 3211 23. 1 PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Quality Compaction Method. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES 0 2019 Stantec 1 193804153 3211 23 - 2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Spec. 2360.4 and 2360.5, except as modified herein. 2. Bid Item has been provided for Type SP 9.5 Bituminous Mixture for Driveways (2,B). a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the MnDOT 2360 Plant Mixed Asphalt Pavement, MnDOT 2018. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. 3. Preparation of Bituminous Non -Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous non -wearing course with a power pickup broom. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2018 MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated June 9, 2017. A copy can be found at http://www.dot.state.mn.us/ore-leiiing/5-P-!Etc/2018/201 8-secbook-finaj.12df. a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat 3. 3139 -Graded Aggregate For Bituminous Mixtures 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2019 Stantec 1 193804153 32 12 01 -1 B. Contractors shall submit mix design report for all projects, regardless of the size of the project. C. Contractor shall submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base to be re -graded and compacted and completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.I A, except as modified in the pavement section Detail Drawing and Quote Form B. Conform to MnDOT Spec Section 2360.2, except as modified herein 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357 a. Emulsified Asphalt, Cationic, CSS-1 or CSS-1 H. D. Mixture Quality Management: Conform to MnDOT Spec. 2360.2.G.1 and 2360.26.2, except as modified herein 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360-1 1 for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360-1 1 for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360-10 and 2360-1 1 a. A verification sample will be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2019 Stantec 1 193804153 32 12 01 -2 C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course 1. Final cleanup of the bituminous surface with the use of a power pickup broom and front end loader 2. Adjust structures conforming to the requirements of Section 33 05 17. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or saw cutting on surfaces paved the same day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2-foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3.A, except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees F or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Spec Section 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.3.B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3.C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3.D (Table 2357-2). FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2019 Stantec 1 193804153 32 12 01 - 3 2. Along the front edge of the concrete curb and gutter, prior to placement of both bituminous base and wearing course. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Spec Section 2360.3.D, except as modified herein 1. Pathways, Driveways, Small Parking Lots, Leveling Courses, and Patching shall conform to Spec Section 2360.3.D.2 - Ordinary Compaction Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Spec Section 2360.3.E, except as modified herein 1. Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 17. 2. The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements." is deleted from 2360.3.E Surface Requirements. Pavement Smoothness will not apply to this Project. 3.07 TIGHTBLADING A. This item is intended to be used to fill cracks and other deformations on the existing roadway that will not be corrected with milling or removal and replacement operations. B. Tack material shall be applied to the road before tightblading operations begin. C. Mixture shall only be applied in locations that are not slated for milling or removal and replacement. D. Motor grader used to spread material shall have 1 foot shoe extensions on each end of the mow board. E. Following apprication of the material, it shall be rolled with a rubber tire roller. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) 0 2019 Stantec 1 193804153 32 12 01 - 4 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Restoration with Seed Mix 25-131. Measurement will be based upon units of square yard for seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. Use of Hydromulch or blanket is up to installer. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3-years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. TURF AND GRASSES 0 2019 Stantec 1 193804153 32 92 00 - 1 E. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. F. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. G. Label from soil moisture amendment product utilized. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. Seeding - At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Engineer will be noted. This material shall be re -supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, 2014 MnDOT Seeding Manual, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. "Pick rocks" from topsoil that are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to seeding and sodding. PART 2 PRODUCTS 2.01 TOPSOIL: CONFORM TO SECTION 31 23 00, 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24-percent nitrogen, 12-percent phosphoric acid, and 24-percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SEED: CONFORM TO MN DOT SPEC. 3876, A. Commercial Lawns: Conform to MnDOT Mixture 25-131. TURF AND GRASSES 0 2019 Stantec 1 193804153 32 92 00 - 2 2.04 MULCH: A. Conform to MnDOT Spec. 3882. B. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. C. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.05 HYDRAULIC SOIL STABILIZER (HYDROMULCH): A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch 2.06 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574. TURF AND GRASSES © 2019 Stantec 1 193804153 32 92 00 - 3 C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3D 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. Table 2575-1 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein: 1. For 25-131 seed mix, apply seed at a rate of 275 lbs. per acre. D. Applying Mulch: Conform to MnDOT Spec 2575.3F and apply at a rate of 2 tons per acre (90 lbs./1,000 sq. ft.). E. Sowing Seed: Conform to MnDOT Spec. 2575.3. 1. Winter and Summer: At the approval of the Engineer. 2. Deviations in planting schedule from MnDOT Spec 2575.3.A will be at the approval of the Engineer. F. Disk anchoring shall be considered incidental to placement of Seed and Mulch Material. 3.05 MULCH: A. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). B. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. C. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. D. Disk anchor in conformance to MnDOT Sect. 2575.3.D. E. Anchor mulch immediately to minimize loss by wind or water. 3.06 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following seeding in accordance with MnDOT Spec. 2575.3G, and as modified below. B. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control TURF AND GRASSES 0 2019 Stantec 1 193804153 32 92 00 - 4 measure. If permanent seeding is available at the time of initial installation, a 1-time proper installation is acceptable. 3.07 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Apply in conformance with MnDOT Spec. 2575.3.E. B. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. C. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. D. Type Hydraulic Mulch 1. Application Rate for Slopes greater than 1:4: 2,800 Ibs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. 3.08 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.09 SOIL MOISTURE AMENDMENT A. Apply per manufacturer's recommendations. B. Thoroughly mix with topsoil and compost mixture prior to placement. C. This item shall be incidental to the Work. 3.10 TURF ESTABLISHMENT A. Water seeded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot of seeded areas and 100 percent of sodded areas. 3.11 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the some requirements of the original work. C. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. TURF AND GRASSES 0 2019 Stantec 1 193804153 32 92 00 - 5 D. Watering of seeded and sodded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the seeding areas. The watering must be approved prior to occurring by the Owner, and water tickets for seeded areas only must be submitted to the Engineer on a weekly basis. 3.12 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. 1. All permanent seed species within the applied mix shall be uniformly established over the seeded area. 2. The acceptance of the seed establishment shall be at the Engineer's discretion. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END OF SECTION TURF AND GRASSES 0 2019 Stantec 1 193804153 32 92 00 - 6 Request for Action January 25, 2021 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Consent Item Number 6.5 Agenda Title Resolution approving final payment to Omann Brothers, Inc. in the amount of $210.63 for the New Hope water tower driveway and restoration improvements (Improvement Project No. 1008) Requested Action Staff recommends that the Council accept the Water Tower Driveway and Restoration project and authorize final payment. 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. Background The project consisted of the installation of a new driveway and associated restoration work at the north water tower located at Aquila Avenue N and 471h Avenue N. Originally this work had been planned to be constructed in 2018 by Rachel Contracting, the contractor for the 2018 North Water Tower Bypass Valve project. The driveway installation was scheduled to occur in fall of 2018 after the North Water Tower Painting project was completed. However, Osseo Construction Co. LLC, the contractor responsible for the water tower painting, did not complete their portion of the project until the fall of 2019. Due to the extreme delay, the city eliminated the driveway restoration work via change order from the Rachel Contracting project. They also reviewed the issue with Osseo Construction and their responsibility to cover additional driveway restoration costs beyond the original Rachel Contracting bid amount. After discussions with Osseo Construction, the city obtained quotes from contractors to complete the driveway restoration work. Omann Brothers was the lowest quote received with an original quote amount of $31,990.00. The final construction amount is $27,012.50, or $4,977.50 under the original quote amount. This underrun is primarily due to less topsoil borrow than estimated on the project. Funding The total cost of the quote project, $27,012.50, minus the original driveway restoration bid from Rachel Contracting, $6,286, equals $20,726.50. This amount will be deducted from the Osseo Construction final payment which is scheduled to be brought for approval at the February 22, 2021 council meeting. Attachments ■ Resolution City Engineer's Memorandum ■ Final Pay Request l:\RFA\PUBW0RKS\2021\ Council \ 1008 North Water Tower Painting \ 1-25 Final Payment Omann City of New Hope Resolution No. 21- 16 Resolution approving final payment to Omann Brothers, Inc. in the amount of $210.63 for the New Hope Water Tower Driveway and Restoration Improvements (Project No. 1008) WHEREAS, the infrastructure improvement identified follow the pavement management strategy adopted by the Council; and WHEREAS, the city has entered into a contract with Omann Brothers, Inc. for construction of the Water Tower Driveway and Restoration project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept this quote project and approve final payment to Omann Brothers, Inc. in the amount of $210.63; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to Omann Brothers, Inc. NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council accepts the Water Tower Driveway and Restoration project from Omann Brothers, Inc. 2. That the city manager is hereby directed to authorize the final payment in the amount of $210.63. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 25th day of January, 2021. - Mayor Attest: �A,e— City Clerk Stantec Consulting Services Inc. Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 January 7, 2021 File: 193804156 Attention: Bernie Weber, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Bernie, Reference: Final Payment Request No. 2 & Final - New Hope Water Tower Driveway and Restoration Quote City Project No. 1008 Enclosed find Payment Request No. 2 & Final for the above referenced project. The contractor, Omann Brothers, Inc., has completed the work in accordance with the quote package. Therefore, it is recommended that final payment of $210.63 is made and the City of New Hope accepts the project. The Final Construction Amount is $27,012.50, or $4,977.50 under the Original Quote Amount of $31,990.00. The underrun was primarily due to less topsoil borrow than estimated on the project, If you have any questions or require further information, please call me at (612) 712-2021. Regards, Stantec Consulting Services Inc. Dan D. Boyum, P.E. City Engineer Phone: 612 712 2021 dan.boyum@stantec.com Attachments: Pay Request No. 2 & Final c. Kirk McDonald, Valerie Leone, Dave Lemke, Shawn Markham, Mark Rowedder, Megan Hedstrom — New Hope; Stacy Woods — City Attorney; Ann Dienhart — Stantec. Design with community in mind Stantec City of New Hope Page 1 of 3 4401 X lon Ave N clientPayment ct umber! : y Payment Plumber. 2 New Hope, MN 55428 Contract Number: 193804156 Pay Request Number: 2 Stantec Pro ect Number Project Descrl tton 193804155 New Hope Water Tower Driveway and Restoration Quote Project Contractor. Omann Brothers, Ina 6551 Labeaux Avenue NE Up To Date: 12/17/2020 Albertville. MN 56301 Contract Amount Original Contract Contract Changes Revised Contract Work Certified To Data Base Bid Items Contract Changes Material On Hand Total Funds Encumbered $31,990.00 Original $31,990.00 $0.00 Additional N/A $31,990.00 Total 1 $31,990.00 $27.012,50 $0,00 $0.00 $27,012.50 Work Cartifled This Request Work Certified To Date Less Amount Retained Less Previous Pa manta Amount Paid This Total Amount Request I Paid To Date $-1200.00 $27 012.50 1 $0.00 326 801,87 $210.63 1 $27 012.50 Percent: Retained: 0% Percent Complete: 84.44% I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor, Omann Brothers, Inc. Approved by: Date: f The Work on this project and application has been remewed and the amount shown is recommended for payment. Stantec Engineer' Approved by:� Date: % l -7 �9- APPr0VB0 for Payment by Uwner laity of New Hope Approved by: rr 44- Date: City of New Hope Page 2 of 3 Stantec 4401 XylOn Ave N Client Project Number: Payment Number: 2 New Hope, MN 55428 Payment Summary No. Up To Date Work Certified Per Request Amount Retained Per Request Amount Paid Per Request 1 2020-06-01 28212.5 1,410.63 26 801.87 2 2020-12-17 -1200 -1,410.63 210.63 Funding Funding Work Certified Less Amount Less Previous T Amount Paid Total Amount Category Name Category to Date Retained Payments this Request Paid to Date Number City Funds 27,012.50 000 26,801.87 210.63 27,012.50 Accounting Funding Source Amount Paid this Revised Contract Funds Paid Contractor to Number Request Amount Encumbered to Date Date WaterMain Funds City Funds 210.63 31,990.00 $31,990.00 ; 27,012.50 Contract Item Status Line Item Description p Units Unit Price Contract Quantity This Amount This Quantity Amount MOBILIZATION (P) Quantity Request Request 0.00 0.00 To Date 1 45 To Date 1 2021.501/00010 LS Cy 4,000.00 52.00 1 45 0 0 4,000.00 2,340.00 2 2105.501/00010 C)OMMON EXCAVATION (P) 3 2211 501/00010 AGGREGATE BASE, CLASS TN 30.00 55 0 0,00 65.7 1,971.00 TYPE SP 9.5 BITUMINOUS 4 2360 505/00001 MIXTURE FOR DRIVEWAYS TN 15000 30 0 0.00 29.24 4,386.00 0 0.00 33.5 1,507.50 5 2574 507/0010C _(2,B). TOPSOIL BORROW CY 4500 150 6 2575.604/00700 RESTORATION WITH SEED Sy 8.50 1500 -141.176 -1,200 00 1506.824 12,808.00 25-131 $-1,200.00 Base Bid Totals; $27,012.50 Totals I Project I Category I Amount This Request I Amount To Date I 193804156 J Base Quote 1-1.200.00 27.012.50 4 Stantec City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Page 3 of 3 Client Project Number: Payment Number: 2 Contract Change Item Status CC CC# Line Item Description Units Unit Contract Quantity AmountThis This Quantity Amount PriceI Quantity Request Request To Date To Date Contract Chanae Total Contract Total $27,012.50 Contract Change Totals Number Description Amount This Amount To Date Request Material On Hand Additions Line I Item I Description Date Added Comments Material On Hand Balance Line Item Description Date Added Used I Remainin DEPARTMENT OF REVENUE Your Contractor Affidavit request is Approved. A copy of this page MUST be provided to the contractor or government agency that hired you. Submitted Date and Time: 28-Apr-2021 8:14:46 AM Confirmation Number: 1-133-117-216 Name: OMANN CONTRACTING COMPANIES INC ID: 4319297 Affidavit Number: 1194594304 Project Owner: CITY OF NEW HOPE Project Number: 193804156 Project Begin Date: 5/4/2020 Project End Date: 5/20/2020 Project Location: NEW HOPE WATER TOWER DRIVEWAY & RESTORATION Project Amount: $27,012.50 Subcontractors: Name ID Affidavit Number [GROUNDSCAPE ENTERPRISE INC 53613456 215617536 Please print this page for your records using the print or save functionality built into your browser. Request for Action February 22, 2021 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Section Development & Planning Item Number 8.4 Agenda Title Resolution approving final payment to The Osseo Construction Co. LLC for $0.00 for the 2018 North Water Tower Painting project (Improvement Project No. 1008) Requested Action Staff recommends approval of a resolution to accept the 2018 North Water Tower Painting project (Improvement Project No. 1008) and authorize final payment to The Osseo Construction Co. LLC in the amount of $0.00. Policy/Past Practice The north water tower located on 471h Ave N was last painted in the summer of 1996 by Odland Protective Coating. A study was performed in 2014 identifying the need for the interior and exterior of the water tower to be re -painted. Background The project consists of painting both the interior and exterior of the north water tower, located at the corner of Aquila Ave N and 47th Ave N. This tower was last painted in 1996, and repainting is recommended approximately every twenty years. Bids were opened on March 1st, 2018 and Osseo Construction Co. LLC was the low bidder with a total of $464,000. This compared to the Engineer's Opinion of Probable Costs of $650,000. The original contract completion date was November 1, 2018, and the contractor did not complete the major work on the tank until fall of 2019. This delay resulted in additional costs to the city. Site work improvements to the driveway and restoration work were needed at the tank property. Because of the delay caused by Osseo Construction, an additional cost of $20,826.50 was incurred to complete the driveway and restoration on site. In addition to construction costs, the engineer tracked additional inspection and administration costs that were incurred due to the delay of the project. KLM Engineering, who conducted on -site inspection of the tank project, has tracked an additional $19,740 in expenses and Stantec Engineering, who administered the project and conducted on -site inspection of site improvements, has tracked an additional $9,566 in expenses. The total amount of delay related costs is $50,132.50. The city had calculated this amount previously and retained dollars to address these delay related costs when processing Payment Request No. 5. There were remaining warranty items that the contractor was required to address prior to close out of the project. All outstanding items have been addressed and resolved. As a result, Payment Request No. 6 is being processed for $0.00. l:\RFA\PUl3WORKS\2021\ Council \ 1008 North Water Tower Painting\ 2-22 Final Payment Osseo Funding This project was funded by the Joint Water Commission. The final cost of the project is $413,867.50, which is $50,132.50 less than the original construction cost of $464,000. Attachments is Resolution • City Engineer's Memo • Pay Request 6 and Final City of New Hope Resolution No. 21- 27 Resolution approving final payment to The Osseo Construction Co. LLC for $0.00 for the 2018 North Water Tower Painting project (Improvement Project No. 1008) WHEREAS, the city has entered into a contract with The Osseo Construction Co. LLC for construction of the North Water Tower Painting project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept this project and approve final payment to The Osseo Construction Co. LLC in the amount of $0.00; and WHEREAS, the city engineer has reported that all work and documentation has been satisfactorily completed and recommends, along with staff, final payment be made to The Osseo Construction Co. LLC. NOW, THEREFORE, BE IT RESOLVED, That the City Council accepts the North Water Tower Painting project from The Osseo Construction Co. LLC. 2. That the city manager is hereby directed to authorize the final payment in the amount of $0.00. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 22nd day of February, 2021. Mayor Attest:,PYl4— City Clerk Stantec Consulting Services Inc. Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 February 15, 2021 File: 193804156 Attention: Bernie Weber, Director of Public Works City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Bernie, Reference: Payment Request No. 6 & Final - 500,000 Gallon Water Elevated Tank Rehabilitation City Project No. 1008 Enclosed find Payment Request No. 6 & Final for $0.00 on the above referenced project The contractor, The Osseo Construction Co. LLC, has completed the work on the project. However, the contract completion date was November 1, 2018, and the contractor did not complete the major work on the elevated tank until 2019, and these delays resulted in additional costs to the City. Site work improvements related to driveway and restoration work were needed at the elevated tank. This site work was originally included with the 2018 North Water Tower Bypass Project (City Project No. 1009). Because of the delays associated with the painting of the elevated tank, the site work improvements were deleted from the Bypass Project and added to the Elevated Tank Rehabilitation Project. Quotes were received to complete that site work in 2019, and the work was completed in 2020 by Omann Brothers, Inc. The Osseo Construction Co. LLC was required to pay for any additional driveway and restoration costs beyond those included in the original contract, and those additional costs are summarized below: $27,012.50 Final Payment Request - Omann Brothers, Inc. 6 286.00 Original site work from the Bypass Project $20,826.50 Additional costs for site work related to delays There were also other delay related costs associated with completing the project after the contract date of November 1, 2018. Those costs, along with the site work discussed above, were tracked and reduced from the final payment request. The total delay related costs are shown below: $19,740.00 KLM Engineering, Inc. $20,826.50 Additional costs for site work related to delays $ 9,566.00 Stantec $50,132.50 Total delay related costs The City retained dollars to address delay related costs when processing Payment Request No. 5. As a result, Payment Request No. 6 & Final is being processed for $0.00. No liquidated damages Design with community In rnlnd February 15, 2021 Bemie Weber, Director of Public Works Page 2 of 2 Reference: Payment Request No. 6 & Final - 500,000 Gallon Water Elevated Tank Rehabilitation are being proposed since the final payment to The Osseo Construction Co. LLC was reduced by $50,132.50 for delay related costs. Thus, the total payment of $413, 867.50 is $50,132.50 less than the Original Contract Amount of $464,000. It is recommended that final payment be approved, and the City of New Hope accepts the project. If you have any questions or require further information, please call me at (612) 712-2021 Regards, Stantec Consulting Services Inc. Dan D. Boyum, P.E. City Engineer Phone: 612 712 2021 dan.boyum@stantec.com Attachments: Pay Request No. 6 & Final and closeout forms c. Kirk McDonald, Valerie Leone, Dave Lemke, Matt Rowedder, Shawn Markham, Andrew Kramer, Megan Hedstrom - New Hope; Stacy Woods - City Attorney; Ann Dienhart, Mark Rolfs - Stantec. Design with community in mind 4 Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: February 8, 2021 -or Period: 07/18/2019 to 02/08/2021 Request No: 6&Final contractor: The Osseo Construction Co. LLC, PO Box 143, 1424810th St., Osseo^ 54758 CONTRACTOR'S REQUEST FOR PAYMENT 500,000-GALLON WATER ELEVATED TANK REHABILITATION STANTEC PROJECT NO. 193804156 CITY PROJECT NO. 1008 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 Less Delay Related Project Costs 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contrac ar: THE OSSEO CONSTRUCTION CO. LLC Specified Contract Completion Date: 6&Final $ 464,000.00 $ 0.00 $ 0.00 $ 464,000.00 $ 464,000.00 $ 0.00 $ 464,000.00 $ 0.00 $ 464,000.00 $ 413,867.50 $ 50,132.50 $ 0.00 Approved by Owner: CITY opt? NV Date:-- 193804166RE08FINAL*m Contract No. Item Unit Quantity WATER TOWER REHABILITATION 1 MOBILIZATION LS 2 EXTERIOR CLEANING, SURFACE PREP, DISPOSAL, AND PAINTING LS 3 INTERIOR WET CLEANING, SURFACE PREP, DISPOSAL, AND PAINTING LS 4 STRUCTURE REPAIRS AND MODIFICATIONS 1A. SEAL WELD APPROXIMATELY 7 LAP JOINTS INSIDE OF THE WET RISER. LS 1 B. REMOVE ALL ERECTION SCAB MARKS AND WELD SPATTER BELOW THE HIGH WATER LEVEL BY AIR ARC GOUGING, CUTTING TORCH OR GRINDING. OVER 200 ERECTION BRACKET SCAB MARKS. REPAIR THE TANK SURFACE BY WELDING AND GRINDING. LS 1 C. REPLACE THE 24-INCH ROUND MAINWAY GASKET LOCATED IN THE WET RISER AND THE ONE 12-INCH BY 18-INCH OVAL MANWAY GASKET LOCATED IN THE WET RISER. LS 1 D. REMOVE THE EXISTING CATHODIC PROTECTION SYSTEM. LS 2A. MODIFY THE ROOF HANDRAIL TO TIE INTO THE LADDER SAFETY CAGE, EXTENDING THE TOE BOARD BENEATH THE LADDER. LS 2B. EXTEND THE SHELL LADDER SAFETY CAGE DOWN TO THE BALCONY HANDRAIL. LS 2C. MODIFY OR REPLACE THE HANDRAIL TO MEET OSHA REQUIREMENTS. LS 2D. REMOVE THE EXISTING FAA OBSTRUCTION LIGHT AND ASSOCIATED CONDUIT AND INSTALL A NEW FAA APPROVED LED DOUBLE OBSTRUCTION LIGHT ON THE ROOF HANDRAIL. LS 5 WELDING, GRINDING, AND REMOVAL OF ERECTION BRACKET SCAB MARKS AND WELD SPLATTER LS 6 FULL NEGATIVE AIR CONTAINMENT LS TOTAL WORK COMPLETED TO DATE: Unit Current Quantity Amount Price Quantity to Date to Date $30,000.00 0.5 1 $30,000.00 1 $170,000.00 1 $170,000.00 'I $140,000.00 0.075 1 $140,000.00 $2,700.00 1 $16,000.00 1 $2,700.00 1 $16,000.00 1 $700.00 1 $700.00 1 $6,200.00 I $6,200.00 1 $7,300.00 i $7,300.00 1 $6,100.00 I $6,100.00 1 $39,300.00 1 $39,300.00 1 $5,700.00 0.5 $5,700.00 1 $10,000.00 $10,000.00 1 $30,000.00 $30,000.00 $464,000.00 193804156RE QBFI NAL .1- PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 1008 STANTEC PROJECT NO. 193804156 CONTRACTOR THE OSSEO CONSTRUCTION CO. LLC CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Povment Retainaae/Delav COmDleted 1 03/ 12/2018 10/ 12/2018 134,805.00 7,095.00 141,900.00 2 10/ 12/2018 1 1 / 19/2018 39,900.00 9,195.00 183,900.00 3 1 1 /19/2018 05/03/2019 33,772.50 10,972.50 219,450.00 4 05/03/2019 05/31 /2019 88,350.00 15,622.50 312,450.00 5 05/31 /2019 07/17/2019 117,040.00 21,782.50 435,650.00 6&Final 07/18/2019 02/08/2021 50,132.50 464,000.00 Material on Hand Total Payment to Date $413,867.50 Original Contract $464,000.00 Retainage Pay No. 6&Final Change Orders Total Amount Earned $413,867.50 Revised Contract $464,000.00 193804156REQ6FINAL xlsm 20191329500300001 PRWRAR OCT I I" M•iNNESOTA• REVENUE �A Ap,174 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. IC134 Please type or print clearly. This will be your mailing label for returning the completed form. r Company name u Daytime phone Minnesota tax ID number 1I 711C- 055W COM54-•,A c-LC -71- 3--/1,73 ol,"7v7oJi ` Address Total contract amount Month/year work began `PD.2ax 14 IL-! ALI 9 l0� S� I $ ,Ye Ydd a� µSi adfd City State Zip code I Artwunt still due Month?War work ended l pssev--_wz—_5U?59 _ _) $SD I3a.50 J a (Y a019 Project number 11 Project location 008 Ave N. u r to Aye N. Mew-rh Al sg� Project owner Address Y — city State Zip code C;t k ew �, i'irlt ntn�So Did you a employees work on t1hiA project? ®YesQ No If no, who did the work? Check the box that describes your involvement In the project and fill in all information requested. Sole contractor ❑ Subcontractor Flame of contractor who hired you Address ❑ Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name — _ — Address _ _ Owner/Officer 1 declare that all Informatlon 1 have filled In on this form Is true and complete to the best of my knowledge and belief. I authorize the Department of Rev- enue to disclose pertinent Information relating to this project, Including sending copies of this form, to the prime contractor If I am a subcontractor, and to any subcontractors If I am a prime contractor, and to the contracting agency. Contra si ure Title /Date C. fA J 1f J_ /' bei i c M o: Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146 10 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 270C.66 concerning the withholding of Minnesota income tax froFpyages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. De ti 1pvr"( uEapproval , Date Lf�-- C&zlk �10 Stock No. 5000134 IRev. 1/07) NEMEC COMPANY INC. i800 forporote Drive Kum City, 610 64120.1372 TR: 816.483.3400 FAX: 816.326-4296 www,tnemec.com , I WAIVER OF LIEN TO WHOM IT MAY CONCERN: Whereas, the undersig-ned, TNEMEC COMPANY, INC., has furnished material to.- OSSEO CONSTRUCTION for the job described as: WATER TOWER NEW HOPE MN $ 10,,916.74 Now, therefore; the undersigned, does hereby waive and release any and all lien or claim of or right to lien, with respect to and on the above material, fixtures, apparatus, or machinery furnished, and on the moneys or other considerat ion due or to become due from the owner. MARCH 24, 2020 Keely 1' -y Credit Analyst ` WAIVER AND RELEASE OF LIEN WHEREAS the undersigned - Ve�I t- NAME OF MANUFAMUKER,NINI•F.RI Al. SUPPLIER OR SUBCONBACTOR The Osseo Construction Co. LLC has,/irrnished !o the following; NAME OR CONTRACTOR ir3tr( &( '-� ^ray►(,- — - �► KIND OF MATERIAL AND SERVICES FURNISHED use in the construction of a project belonging to City of New Hope, MN NAME OF OWNER NOW, THEREFORE, the undersigned, V-e1 I /' I l 1 e,1 NAME OF MANUFACTURER, MA'I.11WAL SUPPLIER, OR SUBCONTRACIOK or and in consideration o ,i .i $ $6731.84 and other goad and valuable consideration, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all liens, or right to or claim of lien, on the above described project and premises, under any law, common or statutory, on account of labor or materials, or both, heretofore or hereafter f u•nished by the undersigned to or fir the account of said The Osseo Construction Co. LLC for said project, NAME OF CONTRAc rOR Given under my (our) hand(s) and seal(s) dill day edt1Li6ir-'A- __ , 2020. KC«ey rs'�g� -Ln4 Name of Manufacturer, Material Supplier, or Subconiracior lay l reside In• .11t1ho wd Off cer This Waiver and Release of Uert mast be signed with the fill name rY'the Many/acau•er, Malerial Supplier, or. Subcontractor. !)'the Mavu)iictarer. rlfatertal Stryiptlen: ar Sltbra faxior is u paralerAlp. this Waiverand to-Inne of Lten am,t be ai +nrd in the partrrerabip nacre by a pirmer. tf the Mangractunrr Murcrlal Sutyillet; OrSubcoldractor is a rorI lulewn. lhir Withwr aml Retrosd a t iere mtrsi be .s goed it the conparnte name by a duly etntharirad Officer and IN t"Irtltrrtte jeerl g0ted and aue.ved hr dre Sfecrerary rr)'tlre C'rHlnn,rurent. PATE BONDING INC. - 1276 Sm Robert St. • West St. Paul, MN 55118 • Phone: t031) 457-6842 • Fax: (651) 457-7531 • Web Site: www.palebonding.com The Osseo Construction Co. LLC Attn: Liza ZuhlsdorF 14248 - 10th Street P.O. Box 143 Osseo, WI 54758 , VrAIA Document G707 TM -1994 Instructions Consent of Surety to Final Payment GENERAL INFORMATION Purpose. ALA Document G707 TM is intended for use as a companion to AIA Document G706TM, Contractor's Affidavit of Payment of Debts and Claims, on construction projects where the Contractor is required to furnish a bond. By obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations, the Owner may preserve its rights under the bond. Related Documents. This document may be used with most of the AIA's Owner -Contractor agreements and general conditions, such as A201 and its related family of documents. As noted above, this is a companion document to AIA Document G706. Use of Current'Documents. Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G707, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made, without revision to the substance of the document. COMPLETING G707-1994 General. The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety, Owner, Contractor and Project. Architect's Project No. This information is typically supplied by the Architect and entered on the form by the Contractor. Contract For. This refers to the scope of the contract, such as "General Construction" or "Mechanical Work." EXECUTING THE DOCUMENT AIA Document G707 requires both the Surety's seal and the signature of the Surety's authorized representative. AIA Document G707r" —1994. Copyright D 1970 and 1994 by The American institute of Archilects. All rights reservod. WARNING, -,This Ale Uocoment Is protected by U.S, Copyright Law and Intomational Treaties. Unauthorized reproduction or dIstribullion of Ihis AIA`0arrrnw4, or any portion of it, may result in savers civil and criminal ponaltles, and will be prosecuted to the maximum extent possible under the law. Purchasers are not permitted to reproduce this document. To report oopyrlghI violations of AIA Conlracl Documents, e-mail The Amarican Institule of Architects' legal counsel, copyright@aia.or8. gqq .6 :ram'irw -Ai — - M�-� I Wp - q 121R, REA -f Aw I W1 § 1 wN 41 TV W v V� 10 Nr . . ...... .1. W.I ggl SIR. A -agm. k A:lf 15EEMI MIMSimI—�•,K9'R- !ifA-IF MR."ie JILKQ '4:0. . if R-i . �i- r Ak' M. hParkn 4"7 "i zQew-� 40 TWO j 4: rr. 'fir, ... ....... I.L At a1