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IP #924CI`nOF NEW HOPE TNVIT1iTION FOR BIDS The qty of New Hope, Minnesota, hereby gives notice that Sealed Bids (faxes will not be considered Sealed ads) will be received in the office of the City Clerk, 4401 Xylon Avenue North New Hope, Minnesota, for the Public Works Facility 2013 Roof Replacement, City Project No. 824. Sealed Bids will be received until 2 PX, CDT, on Thursday, July 11, 2018, at the New Hope City Offices, at which time and place the City Clerk and City Engineer, or their designated representative, shall publicly open and read aloud the Bids. Sealed Bids arriving after the designated time will be returned unopened. In general, this Project will consist of the removal and replacement of the existing built-up roofing system over the front offices area of the Public Works .Facility with a new 4 -ply modified bitumen roofing system, as well as replacement and/or modification of prefinished metal copings, fascia, flashing panels, scupper and overflow scuppers at the roof perimeter. BIDS: To be considered, Bids must be scaled and addressed to the City Clerk, City of New Hope, 4401 Xylon Avenue North, New Hope, Minnesota, 55428. Bids must be endorsed with the name and address of the Bidder and the City Project Number for which the Bid is being submitted. The estimated construction cost for this Project is $125,000. Complete digital Bidding Documents are available at www.questedn,corn for $20 by inputting AuestCDN eBidDoe #2748142 on the website's Project Search page. Paper Bidding Documents may also be viewed at Stantec, 2335 Highway 36 West, St. Paid, MN 55113, (651) 636-4600. Direct inquiries to the Architect's Project Manager, Bruce Paulson, at (.651) 604-4849. A Pre -Bid Meeting will be field an Thursday, June 27, 2013, at 9A.M., CDT at New Hope Public Works Facility, 5500 International Parkway, New Hope, Minnesota. All Contractors wishing to submit a Bid on this Project should attend the Pre -Bid Meeting. Me will be the only opportunity to tour the building prior to the Bid due date. BID SECURITY: No Bid will be considered which is not accompanied by a cash deposit, eertified check, cashiers check, or satisfactory bid bond payable to the City of New Hope in an amount of not less than 5 percent of the Bid amount. Bids may not be withdrawn for a period of 60 days after the date and time set for the opening of Bids. The City of New Hope, Minnesota, reserves the right to reject any and all Bids, waive any minor irregularities in bidding, or to accept the Bid or bids which best serve the interest of the City of New 1-10 pe. The City Council will consider award of a Contract at its regular meeting to be held on Monday, July 22, 2013, in the ,4,4.1 � d div it, c.'x Pub'D 4caioxi City Council Chambers at 4401 Xylon Avenue North, New Iiope, Minnesota, Published by the authority of the City Council of the City of New Hope on the 23rd day of May 2013. (Published in Finance and Commerce June 20, 27, 2013) 10334599 Page ' of 1 STATE OF MINNESOTA ) (SS. COUNTY" OF HENNEPIN ; Description: Bids for New Hope RE: Public Works Facility 2013 Roof Replacement Carrie Retzack , 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) and has full knowledge of the facts herein stated as follows: (A) The newspaper has complied with all of the requirements constituting qualifications as a legal newspaper, as provided by :Minnesota Sawte 331A.02, and 331A.07, and other applicable laws, as amended. (B) She/He further states on that the printed Construction 10334599 hereto printed as part as it was printed and published there in the English language; that it was first so published on June 20, 2013 for 2 timc(s): ffie su sequent ates of publications being as o ows: 6/20/2013 5/27/2013 Anti tilat the fo1l'ov, ng is a printed copy of the lower case alphabet from A ,a Z, both inclusive, and is hereby acknowledged as ocing the size and kind of type used in the X abcdefghijklmnnpgrstuvwxyx abedefghij klmnopgrstuvwxyz ✓1 t� Subscribed and f Sworn to before me this 27th day of Jue 013 (Notarial Seal) Notary Public, SHAWfA RHEA SCHMITz 1 " Notary Public -Minnesota My Commission Expires :tan 31, 2015 RATE INFORMATION. - 1. Lowest classified rate paid by $ commercial users for comparable space: 16.0000 2. Maximum rate allowed by law for 5 0.49327 the above matter: 3. Rate actually charged for the above 5 0.4484 matter: City of New Hope JULIA L HELKENN NOTARY PUBIC- MINNESOTA (Official Publication) My Cemm. Exp. Jan. 31, 2015 CITY OF NEW HOPE INVITATION FOR BIDS The City of New Hope, Minnesota, gives notice that Sea!ed Bids MEDIAexes hhereby will not be considered Seaed Bids) will be received in the office of the City Clerk, 4401 Xylon Avenue North, AFFIDAVIT OF PUBLICATION New Hope, Minnesota, for the lace - Works Facility 2013 Roof Replace- ment, City Project No, 924. Sealed Bids STATE OF MINNESOTA } wT be received until 2 P.M., CDT, on ) SS. Thursday, Ju'y 11, 2013, at the New Hope City Offices, time COUNTY OFHENNEPIN } at which and place the Cty Clerk and City Engineer, or their designated representative, JeremyBradfield, being dui sworn on an 9 Y shall publicly open and read aloud the oath, states Or affirms that he IS the Bids. Sealed B ds arriving afterthe des - Ignated time wi;l be returned un - Advertising Director of the newspaper(s) open• known as In general, this Proiect wail consist of the removal and replacement cf the ex- GV, NH, Crystal, Robbinsdale Sun -Post 'sEng built-up roofing system over the font offices area of the Pubiic Works Facility with a new 4 -pay Modified bitu- men roofing system, as well as re- placement and/or modification of pre - and has full knowledge of the facts stated finished metal copings, fascia, `:awing Danels, scupper and overflow scup - below: pers at the roof perimeter. (A) The newspaper has complied with all of B'DS: To be considered, Bids must be the requirements constituting qualifica- CiityooffNewaHopes440 nylonAven C!ee tion as a qualified newspaper as provid- North, New Hope, Wrinesota, 55428, ed by Minn. Stat. §331A.02, §331A.07, Bids must be endorsed with the name and address of the Bidder and the City and other applicable laws as amended. Project Number for which the Bid is (B) The printed public notice that is at- being submitted. tached was published in said newspa- The estimatedstr ction Cost for cis $1 construction per(s) once each week, for one suc- ro cessive weeks ; it was first published on (} p Complete digital Badding Documents are available atwww.q�estcdn.comfor Thursday, the day of $20 by inputting QuestCDN eBidDoc _M_ June 2013, and was there- #2748142 on the website's Protect Search page. Paper Bidding Docu- after printed and published on every ments may also be viewed at Startec, Thursdayto and including Thursday, 9 Y 2335 Highway 36 West, St. Paul, MN 55113,(651)636-4600. day of , 2013; Direct inquiries to the Architect's Pro - and printed below is a copy of the lower ject Manager, Bruce Paulson, at (651) case alphabet from A to Z, both inclu- 604-4849. sive, which is hereby acknowledged as A Pre -Bid Meeting will be held on being the size and kind of type used in Thursday. June 27, 2013, at 9 A.M., CDT at New Hope Public Works Faclll- the composition and publication of the h+, 5500 Internationa: Parkway, new notice: Hope, Minnesota. All Contractors wishing to submit a Bid on this Project should attend the Pre -Bid Meeting. abcdefghijklmnopgrstuvwxyz This will be the only opportunity to tour the building prior to the Bid due date. BID SECURITY. No Bid will be consid- ered which is not accompanied by a cash deposit, certified check, cashier's check, or satisfactory bid bond payable to the City of New Hope in an amount of not less than 5 percent of the Bid amount. Bids may not be wEth- drawn, for a period of 60 days after the BY: date and time set for the Opening of Advertisin Director g Bids. The City of New Hope, Minneso- ta, reserves the right to resect any and all Bids, waive arty minor irregularities in bidding, or to accept the Bid or bids which best serve the Interest of the City Subscribed and sworn to or affirmed of New Hope. before me on this 20 day of The City Council will consider award of June 2013. a Contract at its regular meeting to be held on Monday, July 22, 2013, In the City Council Chambers at 4401 Xy!on Avenue North, New Hope, !Minnesota. (Jun. 20, 2013) P2-Project924 Notary Public JULIA L HELKENN NOTARY PUBIC- MINNESOTA .,�. My Cemm. Exp. Jan. 31, 2015 Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Stantec August 22, 2013 Valerie Leone City of New Hope 4400 Xylon Avenue North New Hope, MN 55428-4898 Re: 2013 PWF Roof Replacement Project City Project No. 924 Project No. 193801917 Return of Original Bids Dear Ms. Leone: Enclosed are all of the original Bids and Bid Securities that were received on the above -referenced Project. Please retain these original bids as information for your auditors. We have retained a copy of all bids for our files. Sincerely, STANTEC CONSULTING SERVICES INC. Cathy White Administrative Coordinator Enclosures THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 BIDDER:Diverse C0nstruction Services, LLC DOCUMENT 00 4100 BID F004 PUBLIC WORKS FAMITY 2013 ROOF REPLACEMENT CITY PROTECT NO. 924 STANTEC PRO.IECT NO. 193801917 NEW HOPE, MINNESOTA 2013 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 Biddinq Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, 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 aqree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date 719/13 7/17/13 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 programs incident thereto. 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 price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. © 2013 Stantec 1193801917 00 41 00-1 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 (mown 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 the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an Investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be Intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a Contract pursuant to law. 5.01 Bidder will complete; the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.E 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. Mo• Item Units 'QttV Total Price LUMP SUM SID ITEMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DINNED IN THE PROJECT LS SPECIFICATIONS AND DRAWINGS $ 6.2,246.00 C 7013 Stantec 1193801917 00 41 00-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 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 foilowing documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: An Individual SUBMITTED on 20-L.3 Name (typed or printed): By; (Individual's signature) Doing business as: Business Street Address (No P.O. Box #s): Phone No.: Fax No.: (SEA-) p 2013 Starttec 1193801917 004100-3 BID FORM A Partnership Partnership Name: By: Name (typed or printed): A Corporation (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: Diverse Construction ServigM) LLC State of Incorporation: Minnesota Type (GeneralBusiness, Professional, Service, Limited Liability): LLC By: (Signature) Name (typed or printed): Robert Schrader _. Title: jjiCe President Attest (CORPORATE SEAL) (Signatu of orate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: 363-205-1476 Fax No.;761-205-166-53 p 2013 Stantec 1193801417 004100-4 BID FORM A Joint Ven re Joint Venture Name: (SEAL_) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name:_ ,(SSV..: By: Name (typed or printed): Title: Business Street Address (No P.0, Box #'s). Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT @ 2013 Stantec 1 193801917 004100-5 Bib FORM OHIO FARMERS INSURANCE COMPANY Westfield Groups 1 Paris Circle, P O Box 5001, Westfield Center, Ohio 44251-5001 Document A310TM —2010 Bid Bond CONTRACTOR: (Name, legal status and address) Diverse Construction Services LLC 82 - 38th Avenue NE Columbia Heights, MN 55421 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Ave N New Hope, MN 55428 BOND AMOUNT:Five Percent of Bid Amount..---- PROJECT: mount_____ SURETY: (Name, legal status and principal place of business) OHIO FARMERS INSURANCE COMPANY 1 Park Circle, PO Box 5001 Westfield Center, OH 44251-6001 PROJECT: (Name, location or address, and Project number, if an ) City of New Hope Public Works Facility 'fan Replacement 5500 International Parkway New Hope, MN 55428 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 25th day of July , 2013 Diveooe�'PonstrLyQon 41cesAVC 117Z (Sea!) B; David R: Schmeichel, President (Title) OHIO FARMERS INSURANCE COMPANY (Su6*��L r (Sea!) B: lokA2 Anita M. Ficker, Attorney -In -Fact (Title) Document A310T" — 2010. Printed in cooperation with The American Institute of Architects (AIA) by Westfield Group. Westfield Group vouches that the language in the document conforms exactly to the language used in AIA Document A310TM 2010. BD5084 OF'WWN (07110) STATE OF MINNESOTA COUNTY OF ANOKA On the 25th day of July , 2013 , before me, personally appeared David R. Schmelche{ , to me known, who being by me duly sworn, did depose and say that (s)he resides in Rogers, MN , that (s)he is the president of Diverse Construction Services,LLC the corpora ion aescribe=in and which executed the foregoing instrument; that (s)he }snows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order. �•IT., I Ia: 1 a t _ , 4 (Notarial Seal) STATE OF MINNESOTA COUNTY OF STEARNS &Uo�m =L>� (Notary Signature) `Q On the 25th day of July , 2013 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the Ohio Farmers Insurance Company a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation. MEWSA ANN AN[�� EQ) --wed -0 0 P 0 #101�iIP ILIG* �A (NOTARIAL Seal) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER-'*' AND ISSUED PRIOR TO 12127110, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2260812 09 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office it Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint MARK A. GRESSER, ANITA M. FICKER, CHRISTINA GRESSER, STACEY QUINN GOHL, JOINTLY OR SEVERALLY of WAITE PARK and State of MNits true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name• place and stead, to execute, acknowledge and deliver any and all bonds, reeognizances, undertakings, or other instruments or contracts of suretyship- • - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - • - - - - - - . - - - - - - -- - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE TEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed byy the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby rati`ying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act For and on behalf of the Company subject to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Compary, to execute, acknowledge and deliver, any and all bonds, recogn[zances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such + Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held an February B, 2000). in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of DECEMBER A.D., 2010 . CorporateD*�n .`'aS1nN:�t! �'' ",�,I.�/Y,., WESTFIELD INSURANCE COMPANY ea ,,` ��,.• •.NsG•; %WESTFIELD NATIONAL INSURANCE COMPANY A: + OHIO FARMERS INSURANCE COMPANY SEALZ LO •-. 1848 ; State of Ohio •+',•"••�„*1111•/j/�N/t•Mty' Dennis P. BaUS, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of DECEMBER A.D., 2010 , before me personally came Dennis P. BauS to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial NYI Seal Affixed —•. • William J. Kaheiin, A rney at Law, Notary Public State of Ohioo My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: y t e of C I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 25th day of July --U.-,-2013 At SEAL :Mran _ BPOAC2 (combined) (06-02) d s Frank A. Carrino, Secretary THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 BIDDER: Dalco hoofing & Sheet Metal, Inc. DOCUMENT 00 4100 BID FORM PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PROJECT NO. 924 STANTEC PROJECT NO. 193801917 NEW HOPE, MINNESOTA 2013 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 Bidders, 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 examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. -N/A Addendum Date 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 programs incident thereto. 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 price(s) Bid and within the times and In accordance with the other temps and conditions of the Bidding Documents. O 2013 Stantec 1193801917 004100-1 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. 3. 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 the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 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 Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5,01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11,02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid Items will be based an actual quantities provided, determined as provided in the Contract Documents. No. Item units Qty °oral Prleae LUMP SUM BID ITEMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PR03ECT LS 1 $ 101,62M0 SPECIFICATIONS AND DRAWINGS Q 2413 SranteC 1193801917 0a 4100-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 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. 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: An Individual SUBmrrTED on July 25 , 2013 Name (typed or printed): By: (Individuals signature) Doing business as: Business Street Address (No P.O. Box #s): Phone No.: Fax No.. (SEAL) Q 2013 Stantec 1193801917 004100-3 BID FORM A Partnership A Q2rporatmon Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #s): Phone No.: Fax No.. Corporation Name: Dalco Roof ing & Sheet fetal, InCISEAL) State of Incorporation: Minnesota Type (00 Liability): General Business By: v W • V -aA /-1/V (Signature) Name (typed or printed): Daniel W. Lewis Tide: President Attest A le_� (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street AddressNo P.O. Box #s): 19525 - 32nd Avenue North Plymouth, MN 55447 Phone No,: 763-559-0222 Fax No.: 763-559-3783 9) 2013 Stantec 1 193801917 004100-4 BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: Phone No.: (Signature of joint venture partner) Fax No.. Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner Indicated above). END OF DOCUMENT p 2013 Stantec 1193801917 001100-5 BID FORM Bid Date: 7/25/2013 THE AMERICAN INSTITUTE OF ARCHITECTS 11 AIA DocumentA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Dalco Roofing & Sheet Metal, Inc - 15525 No 32nd Ave - Plymouth, MN 55447 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and _. RLI Insurance Company (Here Insertfull name and address or legal due of surety) P.O. Box 3967 Peoria, IL 61612 a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hoe 4401 X lon Ave. No., New Hoe MN. (Here Insertfull name and address or lege bus of Owner) as Obligee, hereinafter called the Obligee, in the sum of five 12— cent Dollars ( 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name and address and desedpton of project) City Project #924 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contact with another party to perform the Work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed and sealed t is 23rd day of juiy , 2013 Dalco Roofing & Sheet Metal Inc. (Principal) (Seal) 72 ITa iel W. Le s, Pre Iden RLI Insurance Company (Surety) (Seal) AIA DOCUMENT A310- BID BOND- AIA INSTITUTE OF ARCHITECTS, 1735 N.YAQ. WPrinted on Recycled Paper '- FEBRUARY 1970 ED- THE Ah AVE., N.W., WASHINGTON, D.C. 9193 ger ( ') Attomw in Fact C0037609-50,0 ILLI Surety P.O. Bax 3467 Peoria, IL 61612-3967 Phone: (800)645-2402 Fax: (309)689-2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Jodi tzenberer Renita D jointly or severally. in the City of MinneQglisState of Minnesota its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($7.0,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." LIN Wiiivr—in Wrjrrh' Vr, Me KLI insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed. this 29th _ day of _ Aud .ol3 CE RLI Insurance Company State of Illinois 1 's .,; Roy C. Die Vice President SS County of Peoria CERTIFICATE On this -29th day of it , 2013 " before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation, sls� 7acqu a M. Bockle Notary Public NOTAW "OFFICIAL SEAL' FLE.-.1 JACQUELINE M, BCCYLER COMMISSION EXPIRES OSNB/14 I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this 23rd day of July, 2013 . RLI Insurance Company Roy C. Die Vice President .��...a.a u.�u�u ♦w.r•aa u�.a/ rr r II THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 BIDDER: BL Dalsin Roofn DOCUMENT 00 4100 BID FORM PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PROJECT NO. 924 STANTEC PROJECT NO. 193801917 NEW NOPE, MINNESOTA 2013 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 ir. the Bidding Documents for the prices and within the times indicated in this Sid and in accordance with the other terms and conditions of the Biddinq Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, 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 writinq upon request of Owner, 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date July 8, 2013 July 17, 2013 _ 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 programs incident thereto. 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 price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. p 2013 Srantec 1193801917 004100-1 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 the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 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 contact. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing In this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. unit Prices have been computed in accordance with Paragraph 11.03.8 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 Total Price LUMP SUM BID ITEMS: MATERIALS AND LABOR NECESSARY TO COMPL rE THE SCOPE OF WORK DEFINED IN THE PRQIECT LS SPECIFICATIONS AND DRAWINGS @ 2013 Stantec 1193801917 00 41 00-2 BID FORK! 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 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. 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: An Individual SUBMITTED on July 25 , 2013 Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (ND P.O. Box #'s): Phone No.: Fax No.. (SEAL) C} 2013 Stantec 1 193801917 00410111-3 BID FORM A Partnership A Comoration Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: BL Daisin Roofing (SEAL) State of Incorporation Minnesota Type (Generai Business, Professional, Service, Limited Liability) By: Name (typed or printed): Don House Title: - Vice President CZcnarni Ri icinccc Attest %-- (CORPORATE SEAL) Signature of Corporate Secretary) Business Street Address (No P.O. Box #`s): 9201 52nd Avenue North - New Hope, MN 55428 Phone No.: 952-881-7663 Fax No.: 952-884-4342 © 2013 Stantec 1193BO1917 004100-4 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: (Signature of joint venture partner) Fax No.. Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title-. Business Street Address (No P.O. Box #`s): Phone No.: _._ Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner Indicated above). END OF DOCUMENT © 2013 Stantec J 193801917 00 4100-5 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE B. L. Dalsin Roofing 9201 52nd Avenue North Suite 1 Minneapolis, MN 55428 as Principal, hereinafter called the Principal, and Western Surety Company P. O. Box 5077 Sioux Fails SD 57117-5077 a corporation duly organized under the laws of the State of SD as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4401 X Ion Avenue North, New Hope, MN 55428-4898 as Obligee, hereinafter called the Obligee, in the sure of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid fir Public Works Facility 2013 Roof Replacement, City Pro'ect 924 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th (Mbess) day of July 2013 B. L. Dalsin Roofin (Pri 0080 ;searj B " . r-,, Anthony pigarelli President (Rife) Western Su AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED, r THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C.200D6 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ss. County of On this 25" day of July . 2013, before me appeared Anthony M. S i arelli to me personally known, who, being by me duly sworn, did say that (s)he is/are the President of B.L. Dalsin Roofing a corporation, that the seal affixed to the forgoing instrument is the corporate seal of said corporation, (If no seal, so stake, and strike out above as to corporate sea!) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said AnthonyM. S i arelli acknowledged said instrument to be the free act and deed of said corporation. t,r',iritti-+jE M S 1�- NOTAR r aU8l10 Notary Public ounty, MINNESOTA My commission expires l- 3 1 `1 F � Cwwi55=on Ex:. res Jan -VV 91, $01T ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HENNEPIN On this 25h day of July , 2013, before me appeared Jerome T. Ouimet to me personally known, who being by me duly sworn, did say that he is the Attorney -in -Fact of Western Sure Com an corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Jerome T. Ouimet acknowledged said instrument to be the free act and deed of said corporation. UK VOW doi'ARYJx1*bC = IyMWSOTA IYFv COW43SM EXP6M JAN, St, 2615 Notary Public Ramsey County, '.VIN My commission expires 01/31/15 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Bruce N Telander, Donald R Olson, R Scott Egginton, John E Tauer, Linda K French, D R Dougherty, Jack Cedarleaf II, Kurt C Lundblad, Craig Remick, Jerome T Ouimet, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Melinda C Blodgett, Individually of Minneapolis, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURtTY`"MMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on, 9th day of May, 2013, MM WESTERN SURETY COMPANY �,grErrc+ �.�avoAe.°s W 1� ag AVp rk w� APPaul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 9th day of May, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires * + F{f J. :4IOHR June 23, 2015SEAL NOTARY PUBLIC e sourH oAlcorA IVY J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 25th day of July, 2013. WESTERN SURETY COMPANY w �pPOgq��l=� OJB�v� L. Nelson, Assistant Secretary Farm F4280-7.2012 BIDDER: BERWALD ROOFING CO., INC. DOCUMENT 00 4100 BID FORK! Stantec PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PROJECT NO. 924 STANTEC PROJECT NO. 193801917 NEW HOPE, MINNESOTA 2013 THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter Into an Agreement 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 Bidders, 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 writinq upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date 7/8/13 7/17/13 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 emoloved by Bidder, and safety precautions and oroarams incident thereto. 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 price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 0 2013 5tantec 11938olgI7 00 41 i18-1 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 the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 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 Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s); All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 1.1.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11,03.8 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. Mo. Item Units city Total Price LUMP SUM BID ITEMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PROJECT L.5 SPECIFICATIONS AND DRAWINGS $ 87, 473.00 U 2013 5tantec i 193801917 00 41 00-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 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. 9.01 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: An individual SUBMITTED on 7/24 2013 Name (typed or printed): By: (Individual's signature) Doing business as: ___... Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) @c 2013 Stantec 1 193801917 00 4106-3 BID Fore' A Partnership A Corporation Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O, Box #'s): Phone NO.: Fax No.: Corporation Name: BERWALD ROOFING CO., INC. (SEAL) State of Incorporation: MINNESOTA T� Type (General Business, Professional, Service, Limited Liability): ROOFER By: v (Signature) i Name (typed or printed): EUGENE BERWALD A Title: PRESIDENT Attest (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 2440 ET NORTH ST. PAUL. MN 55109 Phone Na.: 651-777-7411 (CORPORATE SEAL) Fax No.: 651-777-1371 @ 2013 stantec i 193801917 00 410&4 8117 FORM A Joint Venture Joint Venture Name: _ _ � ;L By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.. Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Sox #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT r 2013 Stantec 1193801917 CO 41 04-5 8I1) FORM RLI RLI Insurance Company P.O. Box 3967 Peoria IL 61b12-3967 Phone: 309-692-1000 Fax: 309-692-8637 KNOW ALL MEN BY THESE PRESENTS, Bond No. That We, Berwald Roofing Comnanv. Inc. of 2440 North Charles North St. Paul MN 55109 as Principal, and _ RLI Insurance Comnanv , of Peoria Illinois , as Surety, an _ Illinois corporation duly licensed to do business in the State of Minnesota _, are held and firmly bound unto City of New Hove, 4401 X Ion Ave N, New Hope, Minnesota , as Obligee, in the penal sum of Five Percent of the Amount Bid ( 5% 1, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for 2013 Roof Replacement Public Works Facility, Pro'ect #924 NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or if no period be specified, within ten (10) days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former, in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. SIGNED, SEALED AND DATED this 25th day of July 2013 By: By: ADDRESS ALL CORRESPONDENCE TO: RLI Surety P.O. Box 3967 Peoria, IL 61612 309-692-1000 RLI Joan T. BERWALD, PRESIDENT Attorney -In -Fact C0006304-10,0 CORPORATE ACKNOWLEDGMENT State of',Minnesota County of HENTNEPIN ss On th� BER JULY 20 13 before me, personally appeared depose to me known, who being by me duly sworn, did and saythat he t resides in MINNESOTA N�that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation' and that he signed his name thereto by like order. SUNDAE M MEYER NOTARY PUBUO MINNESOTA Notary Public SUNDAE MEYER '' l,•,Nir+, Aly commission Exp1M4V.81.2818 CountyHENNEPIN (Notarial Seal) My Commission Expires 1/31/2016 ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA } ) ss COUNTY. OF RAMSEY ) On this 'R5' day of2(L/3, before me appeared loan T. Guindon to me personally known, who be g by me duly sworn, did say the she is the aforesaid officer or attorney in fact of the RLI Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of it Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. 1NERM4 A MCNLtTY NOTARY PUEUC•MINNESON '���;� Ivi'/COPri1415S10NEi(FiRES01(31i2C1M (Notarial Seal) Notary Public: Theresa A McNulty County: Dakota My Commission Expires: 01/31/2015 RLI Surety P.O. Box 3967 1 Peoria, IL 61612-3967 Phone: (800)645-2402 1 Fax: (309)689-2036 www.rticorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Joan T. GuindoT.A. McNWjy, Joanne Hilpertjointly or several in the City of Saint Paul State of Minnesota its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 15th day of April 2013 �¢ ; eps+4oarr�t� State of Illinois +'a, �•......5; County of Peoria I SS '����L hN`O,,,c� On this 15th day of April 2013 - before me, a Notary Public, personally appeared _ Roy C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. �C. Jacqu 'ne M. Bockle Notary Public F"OFFICIAL SEA:" y JACG'UEUNE M. 3OCKLER ���Oys) C0MWSSf04EXPIRES03/19M4 RLI Insurance Company Roy C. Die / Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand seal of the RLI Insurance Company this d.5r day of 4 RLI Insurance Company Roy C. Die Vice President 2285528020212 A0059411 THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 BIDDER: Schwickerts Tecta America DOCUMENT 00 4100 BID FORM PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PROJECT NO. 924 STANTEC PROJECT NO. 193801917 NEW HOPE, MINNESOTA 2013 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 Biddinq Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, 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 examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. 2 Addendum Date 7/8/2013 7/17/2013 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 emploved by Bidder, and safety precautions and programs incident thereto. 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 price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. O 2013 StanSec 1 193801917 00 41 00-1 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 peen arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or 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 dear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 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 Total Price LUMP SUM BID ITEMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PROJECT SPECIFICATIONS AND DRAWINGS LS 1 $-If $-If MIX" ow- CIC I.AQAD .� Ems+ m &,'wr �25 -* © 2013 Stantec 1 193801917 00 41 00-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 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: An Individual SUBMITTED on July 25th , 2013 Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: EM © 2013 Stantec 1193801917 00 41 00-3 BID FORM A Partnersnio • I R �+; R r Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'S): Phone No.: Fax No.: Corporation Name: Schwickerts Tecta America --'----(SEAL) State of Incorporation: MN Type (General Business, Professional, Ski e, Limed Liability): Limited Liability By: IF (Signature). Name (typed or printed): Kevin Palmer Title: Vice President Attest r u C tR> , i (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 330 Poplar Street Mankato, MN 56001 Phone No.: 507~386-4219 Fax No.: 507-387-4688 Q 2013 Standee 1 193801917 00 41 00-4 BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: Phone No.: (Signature of joint venture partner) Fax No.. Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.. Fax No.. Phone and Fax Number, and Address for receipt of official communications. (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT © 2013 Stantec 1193801917 00 41 00-5 BID FORM Document A31 o TM - 2010 Conforms with The American institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (,%Fcurati legal malrm at rd ad& -a c) Schwickert's Tecta America LLC 330 Poplar Street, P. 0. Box 1179 Mankato, MN 56002-1179 OWNER: (Nana, legal sialrrs and addtw) City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 SURETY: (14`imm legal.rialuvmid principal place r jhuwpr-%v) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Mailing Address for Notices 1001 4th Avenue, Suite 1700 Seattle, WA 98154 BOND AMOUNT: $ 5% Five Percent of Amount Bid PROJECT: (Name laeatlonoraddresx andProjectrrrrnrher, (fano This document has important legal consequences. Consultation vtTitlt an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered pluralwhere applicable. New Hope Public Works Facility 2013 Roof Replacement, 5500 International Parkway, New Hope, MN - City Project No. 924 Thu Contractor and Surety aro bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their hairs, executors, administrators, sucossors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Ouner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perromt ilio work covered by said bid, then this obligation shall be null and void, otrenvise to remain in full liorce and ellect The Surely hereby waivev any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept ilia hid. Waiver ol'rariice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate bq and the time For acceptance abids sipecilied in the bid documents, and the Ouner and Contractor shall obtain the Surely's consent fior an extension beyond :sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tcmt Contractor in this Bond shall be doomed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been rurrnished to comply with a statutory or other legal requirement in the location (if the Project any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conliomting to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that tris Bond :111011 be (XIIIArrled as a statutory bond and not as a common law bond. Signed and scaled this 17th day of July, 2013 S40541AS 8110 Schwickert's Tecta Americ C (Principal) (Seal) B: y mire) Liberty Mu I Insurance Company (Sureely) By: e) usan Lupski Attorney -in -f=act ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ...NEW YORK.......} ss COUNT Y OF .... NASSAU ..... } On this ....JULY 17, 2013 ............. before me personally came.SUSAN LUPSKI to me know, who, being by me duly sworn, did depose and say; that he/she resides in NASSAU COUNTY..... .. State of.. NEW YORK.. ........ that he/she is the Attorney -In -Fact of the LIBERTY MI�;CI�AL aNSURA.VCE COMPANY................the corporation described in which executed the above instnment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is 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; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued to. LIBI<RTY MUTUAL INSURANCE COMPANY „{Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not been revoked. NY acknowledgment TACfQUEUIVE MCNEIL "bry ¢uht1C, state of New'fork No. OIMC6156390 "iitlad [n Nassau Court Tem Exorea wamemher 27, 2014 E.; O Z THIS PLOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Pgwer of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS- That American Fine & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and WestArnerican Insurance Company is a corporation duty organized underthe laws of the State of Indiana (herein eollectwelycalled the "Companies'. pursuantto and by authority herein set forth, does hereby name. constitute and appoint, _ Camille Maitland r„ lette o Chisholm- Georg n Re � BLev+. star Gerard S Mar_hnb- Lee Ferrucci, Pyr F. Jones gistano: Robert T Pearson, usan LUPSK17 Thomas n Vincent Walsh inia M. Lovett all of the city of Uniondale . state of NY each individually if there be more than one named, tts true and lawful ailomey4ri-fact to make, execute. seal, acknowledge and deliver for and on its behalf as surety and as As act and deed, any and all undertakings, bonds, recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authonzed officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 13th day of May 2013 American Fere and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company STATE OF WASHINGTON COUNTY OF KING By. Gregory W. Davenport. Assistant Secretary On this 13th day ofMay . 2013 , before me personally appeared Gregory W Davenport who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and WestAmencan Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authonzed officer IN WITNESS WHEREOF. I have hereunto subsenbed niy name and affixed my notarial seal at Seattle, Washington, on the day and year first above written By: �b�r. 1 -- KD Riley, NatE4 Public This Power of Attorney is made and executed pursuant to and by authorityof the following By-laws and Authorizations of American Fire and Casualty Company. The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV -OFFICERS - Section 12. Power of Attorney. Any officer or otherofficial of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe, shat) appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such instruments shall be as binding as 9 signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-m--fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wnting by the chairman or the president, and subject to such limitations as the chairman or the president may prescrbe, shall appoint such atiomeys-m-fact, as may be necessary to act in behalf of the Company to make, execute: seal. acknowledge and deliver as surety any and all undertakings, bonds reoagnizanoes and other surety obligations Such atiomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full powerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation - The President of the Company. acting pursuant to the Bylaws of the Company authorizes Gregory W, Davenport. Assistant Secretary to appoint such attomeysan-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings: bonds, reoogrimarioes and other surety obligations Authorization - By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds; shall be valid and binding upon the Company with the same force and effect as though manually affixed 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casually Company. The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and Vilest. American Insurance Companydo hereby certify thatthe original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked JUL 1 q 2013 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of I , 20 LMS 12673 092012 By: David M Carey, Assistant Secretary vy �W G CL a0 o� CLS D a� LQ o 'C d ,tea, E v O. 1- r 247 of 500 LibC"lC'lt tdl3ERTY MUTUAL INSURANCE COMPANY A R.[ 18.6 i C+ NAiVCIAL S'I A ENT—DE`EMBER 31, 2012 Asserts Liabiilties Lail and BarikDepastts......................................... q 903,711,694 Unearned Preatiuma............ .,.................................. $4,205,141.671 *Bonds— 1).9 Qovemment..................................... 1,166,929,471 Reserve for Claims attd Claims Expense................ 17,056,+420,207 *UChar Bonds, ....................................................... .... 11.415,194,219 Funds Held 1Jnder Reinsurance Treaties ................. 1.315,062,091 *Stocks..................................................................... 8,104,853,899 Reserve for Dividends to Policyholders.................. 2,455,411 Additional Statutory Reserye.................................. 49,768,998 Real Estate..........................................•................... 255,967,320 Reserve for Commissions, '1 ejxes and Ags:lits` 881411089 Of tincOileoted Prevriafms........... 3,462,069,75,3 (11h rirabiCities.................... ,keorirrdlrlterestand Rents ........... ........... ..... ___ 1#4,046,763 raw ... ...... ......... .............. .... .....,........... ».,.iQ'Pa�G'�,t5�9,98� SPedal Odwr Admitted Assets—,—. ...................................... d,�32,t"i,)3vital SufPltls F'ririds. .....�.$662,491 ......... 14,E1 Paid in Surplus... ......................... 7,899,471.8m Llnassignecd Surplus ..................... 5.,996,373,279 - - "ul>fuc a€IeiPeik-yw"e'3< ................ ..•.......... 4 SI ►(�2 1r4;tXj Lbs a SIB swellus ..........................,.•..,, Bands are stated at amortized or invest;auant vuluG; Sturlcs at Asaociaflwi Market Vatues. a nr a e 11re foregoing lenariraial information is taken From Liberty 141utuHl 1Tlsll1wice t 4n33pany °s rutanciat statement filed with ti3e stage af'Vlussachusetis E3epurtrfrerlt of lnsurancc. I. TIM A4WOLAJEWSKS, Assistant Secretary of Liherty Mutual 1.nsuranee.toetrpturv. do Hereby vertify ti3al Uie ibrq,Oiag is a tillir end M11^60 staternt;nt of theA,su-Ant and (J abilities afsoid C'1)111(W'rrr1cx1. as t)f fleclamber 3 i,.201.2.. fo the llirst of rny kilowlet1ge ailet brqil.i. M W1'CNf-'5S WHEREOF) I halve helt;unW set my hand and afriwed the seal ❑'saki Corporation at seartle, was#iingtom, (itis 23ti1 clay at With, 201.1. &-rte V'v* anz BIDDER: Central Roofing Co DOCUMENT 00 4100 BID FORM Stantec PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PROJECT NO. 924 STANTEC PROJECT N0. 193801917 NEW HOPE, MINNESOTA 2013 THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter Into an Agreement with Owner in the form included In the Bidding Documents to perform all Work as specified or Indicated In the Ridding 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 Bidders, Including without limitation those dealing with the disposition of Bid 5ecurity. The Bid will remain subject to acceptance for 60 days after the Bld Opening, or for such longer period of time that Bidder may agree to in wdtinq upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified In the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date One July 8, 2013 Two _ July 17, 2013 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 famlllar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and perforiance of the Worts. 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 -4.0£. 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 Facilitles) at, or contiguous to, the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety Precautions and programs incident thereto. 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. © 2013 Stantec 1193801917 004100-1 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. 1. Sid der has given Englneer 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 generaQy 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 indepandently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to Induce any other person or 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 tare. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s). All specific cash allowances are included In the price(s) set forth below and have been computed in accordance with Paragraph 11.42 of the General Conditions. Unit Prices have been computed In accordance with Paragraph 11.03,8 of the General Conditions Bidder acknowledges tthat estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid Items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Total Price LUMP SUM BID ITEMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PROJECT LS SPECIFICATIONS AND DRAWINGS $ 74,170.00 (c? 2013 5tanbec 1193801917 00 41 00-2 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment In accordance with Paragraph 14.07.0 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. 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: An Individual SUBMITTED on July 25 , 2013 20A. Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.G. Box #'s): Phone No.: —_ _ _ . Fax No.: (SEAL) 0 7013 Stantec 1 193801417 00 410Q 3 BID FORM A Partnershi ASDrooratlon Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: Central Roofing Co (Sm) State of Incorporation: Minnesota Type (Gene a[ Business, Professional, Service, Limited Liability): S�r'tai� - By: (Signature) Name (typed or printed): Gerry Stock Tette: President/ CEO Attest (CORPORATE SEAL) '(Signature of Corporate Secretary) Bustness Street Address (No P.O. Box #'s): 4550 Main St NE, Minneapolis, MN 55421 Phone No.: 763-572-0660 Fax No,: 763-572-0230 O 20t3 Stantee 103801917 004100-4 BID FORA1 American Institute of Architects AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we, Central Roof ing Com any,4550 Main St. NE Fridley, 1W. 55421 as Principal, hereinafter called the Principal, and Berkley Regional insurance Company duly organized ander the laws of the State ofDelaware as Surety, hereinafter called the Surety, is held and frrmly bound unto City of New Hope as Obligee, hereinafter called the Obligee, in the sum of f ive Percent of the Amount Bid ( --L—0/a of the Bid Amount), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Public Works Facility 2013 Roof Replacement City Project # 924 Bid Date: July 25, 2013 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of July , ..� A.D. 2013 (Ilue) Berkley Regional Insurance Company AIA D0CUMENT A310•BID BOND -ATA -FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE,, N.W., WASHMOTON, D.C. 20006 No. 3b3c POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, a� has made, constituted and appointed, and does by these presents make, constitute and appoint: Renita J. Dyrstad or Jodi Katzenberger of Berkley Risk Administrators Company, LLC of Minneapolis, MN its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Ten Million and 001100 U.S. Dollars (U.S.$10,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. a This Power of Attomey shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, .p without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,. 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; w F and further 0o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, 3 o or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the rL '0 manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or o eu other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as ss. though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any aperson or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its b corporate seal hereunto affixed this 7 day of 2013. 4 o Attest: Berkley Regional Insurance Company c� (Seal) By. By Ira S. Lederman i Hafter Senior Vice President & Secretary n �oi e President -:WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER STATE OF CONNECTICUT) o } ss: .� COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 7 day of )F' 2013, by Jeffrey M. Hafter and C, Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of ° Berkley Regional Insurance Company. aEILEEN KILLEEN NOTARY PUBLIC- 57A IW fJf C(7N1VFC1'1C T Notary Public, State of Connecticut MY COMMISSION E XPIRIl l€ 99, 9917 c RTIFICATE i .i'I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked 'q'or rescinded and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. 3 Z Given under my hand and seal of the Company, this 16 th day of Jul 2013 (Seal) Andrew . Tu BIDDER: McPhillips Bros. Roofing Co. DOCUMENT 00 4100 0 BID FORM Staliftic PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PROJECT NO. 9234 STANTEC PROJECT NO. 193801927 NEW HOPE, MINNESOTA 2013 THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement 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 toe Siddinq Documents. 2.01 Bidder accepts all of the terms and conditions of the linstrLchions to Bidders, 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 examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the folfowing Addenda, receipt of all which is hereby acknowied9ed: #1 #2 Addendum Cate 07/08/2013 07/17/2013 B. Bidder has visited the Site and became 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 an federal, state, and local Laws and Regulations that may affect cast, progress, and performance of the Work. D. Bidder has carefully studied ally (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical condrd" In or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facifities) 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, hvesttgatiorts, 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 emploved by Bidder, and safety precautions and programs Incident thereto. F. Bidder does not consider that any further examinations, investigations, expioratons, tests, studies, or data are necessary for the determinator of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. .1 510 FORM 4 2013 SWUM 1193801917 004100 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 addidwal examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1. 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 the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person. or firm to submit or not to submit a Bid for the purpose of restricting competition, 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 cOntraa. Bidder hereby waives any and all claim:, 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 dear 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 priee(s), All spedfk cash allowances are included in the price(s) set fiorth below and have been computed in accordance with Paragraph 11.02 of the Genual C. rWitlons. Unit Prices have been t:amputed in accordance with Paragraph 11 .03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. �. Item quilts qty Total Prim LUMP SUN BID MMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE 72,000.00 SCOPE OF WORK DEFINED IN THE PROJECT LS 1 SPEQFICATIONS AND DRAWINGS (9 2013 StWM ; 143841917 00 41001-2 BID FORM 6.01 Bidder agrees that the Wirt will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.0 of the Generai 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 complele the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security In the form of 5 percent. 8.01 The terms used in this Bid with initial capital leitriss have the meanings stated in the instructions to Bidders, the General Condldons, and the Supplementary Conditions. If tlidder Is: An Individual SUBt4iTTED on July 25 _20 i Name (typed or printed): By: (Individual's signature) Doing business as: _....... Business Street Address (No P.O. Box *'s): Phone No.. (SEAL) Fax No.. t) 2013 ShrkK f 19380017 00 000-3 BID FORM Partnership Name: BY; ;Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #`S): (SEAL) Phare No.: Fax No., -- Carporatlon Name: McPhillips Bros. Roofing Co. (SEAL) State of Incorporation: Minnesota -- - Type (Gen usiness, Professional, Service, Limited Liability). C -Corp — BY&=--- (Signature) Name (typed or printed): Cory Olson Vice President Me. Attest ,-GIi�C/L (CORPORATE SEAL) (Signature of Gorporate Secretary) Business street Address (No P.O. Box #'s): 2590 Centennial Drive, St. Paul, MN 55109 Phone No.: 651-770-2062 Fax No.: 651-770-2891 0 2013 SWftC 1193801917 00 4100.4 BID FORM Joint Venture Name: By, _.. Name (typed or printed): Title: Business address: _ (SEAL) (Signature of joint venture partner) Phone No.: Fax No.. Joint Venturer Name: _ _ _ _(SEAL) By; (Signature) Name (typed or printed): _ _....._ Title: Business Street Address (No P.O. Bol #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). EMD OF DOCUMENT q1 2013 5tanoa 193801917 00 4100.5 BID FORM L' ® RLIInsurance Company P.O.P.OBox 3967 Peoria IL 61612-3967 Phone:309-692-1000 Fax: 309-692-8637 KNOW ALL MEN BY THESE PRESENTS, BID BOND Bond No. That We, McPhillips Bros Roofing Comtrany of 2590 Centennial Drive St. Paul MN 55109 as Principal, and RLI Insurance Company of Peoria Illinois , as Surety, an Illinois _ corporation duly licensed to do business in the State of _ Minnesota are held and firmly bound unto Ci of New Hoe as Obligee, in the penal sum of Five Percent of the Amount Bid 5% for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for 2013 New .Ho a Public Works Facility Reroof NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or if no period be specified, within ten (10) days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former, in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. SIGNED, SEALED AND DATED this 25th day of July 2013 By: By; ADDRESS ALL CORRESPONDENCE TO: RLI Surety P.O. Box 3967 Peoria, IL 61612 309-692-1000 C0006304-10,0 CORPORATE ACKNOWLEDGMENT State of ;Minnesota County of S ss On e�5 day 20_before me, personally appeared depose C' tome kern, who being by me duly swom, did an say th he resides in that he is the t of the the corporation described in and which executed the foregoing instrument; that knows *-e 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 ld corporation' and that he signed his name thereto by like order. Notary Public KIMBERLY J. PLEAU NOTARY POBLIC - mtN*WyA : 01 County ^ Y Cnmmission Expires Jan. 31 2011 My Commission Expires_ dt (Notarial Seal) ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA ) SS COUNTY. OF RAMSEY ) On this vis day of20�. before me appeared loan T. Guindon to me personally known, w o be- g by me duly sworn, did say the she is the aforesaid officer or attorney in fact of the RLI Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of it Board of Directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. MER R MC NVfly HOMY PU0L1C-? � �idE5drA MY COMMISSION F ARES 01131,2015 .S (Notarial Seal) f Notary Public: Theresa A Mc Nulty County: Dakota My Commission Expires: 01/31/2015 p s RLI Surety P.O. Box 3967 Peoria, IL 61612-3967 Phone: (800)645-2402 Fax: (309)689-2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Joan T do T.A. Y_cNl—ift Joanne Hilpert, jointly severall in the City of Saint Paul , State of Minnesota its true and lawful Agent and Attorney in Fact, with full Power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice EMsident with its corporate seal affixed this 15th day of April - 2013 . Z' ;fin SEAL State of Illinois County of Peoria SSI hr y�zn ;LL 41"41 1S,r'� On this 151h day of April 2013 " before me, a Notary Public, personally appeared &a C. Dif, — who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrament to be the voluntary act and deed of said corporation. Jacquklme M. Bockler Notary Public "OFFICIAL SEAL" sew JAC"QUEUN1 E M. BCCXtER k OOMPAMONEWRESMAU RLI Insurance Company L Roy C. Die Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand th seal of the RLI Insurance Company this � � -day of RLI Insurance Company Roy C. Die Vice President 2265528020212 A0059411 COUNCIL I:RFAIPubworks120101882 PW Cold Storage Roof Replacement REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development & Public Works August 12, 2013 Planning ____ Item No. By: Guy Johnson I By: Kirk McDonald 8.4 Resolution awarding a contract for replacement of the Public Works facility's office complex roof to Diverse Construction Services Inc. in the amount of $62,246 (improvement project 924) Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Diverse Construction Services Inc. in the amount of $62,246 for replacing the commercial roof over the office complex portion of the Public Works facility. Policy/Past Practice The City Council routinely considers infrastructure improvements to extend the useful life of the infrastructure and/or improve the level of service. The city develops a five-year capital improvement program (CIP) for capital equipment, facility improvements, and infrastructure projects. Every two years the CII' is reviewed, updated, and extended two years for another five-year period. Background The 2013 CIP includes replacement of the roofing over the Public Works office complex area. The existing roof was originally constructed in 1997 when the office complex was added onto the existing public works facility. The current roof has been deemed to be in need of replacement based upon Stantec Engineering inspections. The replacement of the roof will also eliminate frequent repairs of leaks causing damage to the offices below. Staff received quotes from seven companies for replacing the roof over the office complex area. They are: MOTION BY SECOND BY TO: I:RFAIPubworks120101882 PW Cold Storage Roof Replacement Request for Action August 12, 2013 Page 2 Diverse Construction Services Inc. McPhillips Brothers Roofing Co Central Roofing Co Berwald Roofing Inc. Schwickerts Tecta America B.L. Dalsin Roofing Dalco Roofing and Sheet Metal Inc. $62,246 $72,000 $74,170 $87,473 $91,188 $98,500 $101,620 Based upon the recommendation of Stantec Engineering and positive references, staff recommends awarding a contract to the low quote from Diverse Construction Services Inc. Funding Diverse Construction Services Inc. quote to replace the roofing is $62,246. The city's 2013 CII' has $120,000 budgeted for this project. Funding would be through the equipment replacement fund. Attachments Copies of the resolution, engineer's memo and the bid tab are attached. City of New Hope Resolution No. 13-118 Resolution awarding a contract for replacement of the Public Works facility's office complex roof to Diverse Construction Services Inc., for $62,246 (improvement project 924) WHEREAS, the city of New Hope prepares a five-year capital improvement program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and, WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize acquisition of individual equipment and/or projects listed therein; and, WHEREAS, the Public Works Department recommends awarding a contract to Diverse Construction Services Inc. for replacement of the Public Works facility's office complex roof; and, WHEREAS, the city has received seven bids for the office complex roof replacement at the Public Works facility; and, WHEREAS, the bid in the amount of $62,246 from Diverse Construction Services Inc., for replacement of the Public Works office complex roof, is the lowest responsible bid submitted; and, WHEREAS, the funds for this project have been provided within the central garage equipment replacement fund for the Public Works Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for replacement of the Public Works office complex roof is awarded to Diverse Construction Services Inc.; and, 2. That the appropriation of $62,246 for payment to Diverse Roofing, from the central garage equipment replacement fund, is authorized, and the central garage equipment replacement fund budget is hereby amended; and, 3. 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 1211 day of August 2013. Mayor Attest: C,.UL �t,L City Clerk August 12, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul, MN 55413 Tel: (651) 636-4604 Fax: (651) 636-1311 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: New Hope Public Works Facility 2013 Roof Replacement Project City Improvement Project No. 924 Project No. 193801917 Bid Results Dear Honorable Mayor and City Council: Bids were received and opened for the Project stated above on Thursday, July 25, 2013, at 2 P.M. 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 were a total of seven (7) Bids received from Diverse Construction Services, Inc., McPhillips Brothers Roofing Co., Central Roofing Co., Berwald Roofing Inc., Schwickerts Tecta Americal, B.L. Dalsin Roofing, and Dalco Roofing and Sheet Metal, Inc. The following summarizes the results of the acceptable Bids received: Diverse Construction Services, Inc. McPhillips Brothers Roofing Co. Central Roofing Company Berwald Roofing Inc. Schwickerts Tecta America B.L. Dalsin Roofing Dalco Roofing and Sheet Metal, Inc. $62,246.00 $72,000.00 $74,170.00 $87,473.00 $91,188.00 $98,500.00 $101,620.00 The low Bidder on the Project was Diverse Construction Services, Inc. Their Bid has been reviewed, references requested and checked, and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Diverse Construction Services, Inc. should be awarded the Project on the Total Base Bid Amount of $62,246.00. Should you have any questions, please feel free to contact me at (651) 604-4849. Respectfully, STANTEC CONSULTING SERVICES INC. hu f, 4, Bruce P. Paulson, AIA Project Architect Attachment: Bid Tabulation c. file ORRantec Project Name: Hm Hope 2013 PWF Roof Rapl!cemerrt Project City Improvement Project No,: 924 Project No,: 193801917 Bid Opening: Thursday, duty 25,2D19 -- Owner. City of New Hope I hereby cer641y deet drle Is an exed reproduction of bids rooMisd Bruce P. Paulsen, At:A Reglefrstlon Na 20910 BID TABULATION Item Hum Nem Units Bidder No.1 Dkmm Construction Services, Inc. Total Bidder No. 2 McPhlllfpe Brothers Rooffrp Ca, Total Bidder No. a Cantral Roofing Company Total Bidder No. 4 Berwald Roo" Ino. total Bidder No. 5 SchvAchorla Testa America TOW bidder No. a B.L.DoWn Roofing Total Bidder No.7 Deloo Rooting end Sheat Mstal, Inc. Total PART 1- BASS BID: 1 MATERIALS AND LABOR NECFSSARY TO COMPLETE THE SCOPE OF WORK LS 1 $62,M.00 $72,000.OD $74,170.00 $87,478.00 $91,188.00 $98,600.00 $101,620.00 DEFINED IN THE PROJECT SPECIFICATIONS AND DRAWINGS TOTAL BASE BID 566.00 $7$000.00 $746170.00 $87,473.00 691,166Ao $96,600.00 i1D1,620.00 Contractor Name and Address: Diverse Construction McPhllips Brothers Central Roofing Berwald Roofing Co., Schwkdrerls Tecta 8L Dalsln Roofing Daloo Roofing & Shast Services, Inc. Roofing Co. Company Ina, America 92D1 52nd Ave N Metal, Inc. 82 38th Avenue NE 259D Centennial Drys 4550 Main Street NE 2440 N. Charles St. 580 Poplar Street New Hope, MN 65428 15525 - 82nd Ave N Columbia Heights, MN St. Paul, MN 55109 MJmwmvolls; MN 65421 North St. Paul, MN Mankato, MN 6®001 Plymouth, MN 65447 Phone:763-20&1475 651.770-2062 768-572.0@80 851-777-7411 507-380-4219 852-861-7668 769-558.0222 Fax 769-205-JB85 651-770-2891 789,572-0230 851-777-1371 507-987.4888 852.884-4942 7885598763 Signed By. Roped Schrader Cory Olson Gerry Stock Eugene Berwald Kevin Palmer Don Mouse Daniel W. Lewis Title: Vice President Viae President Presldent/CE0 president Vice Presidert Vide President President Bid Security: Bid Bond Bid Band Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: 1,2 1.2 1,2 1.2 i, 2 1.2 193801917 BTads BT -1 GORDON I,. JENSEA MELANIE P. PER9ELL1NV STFvizm A. SONDRALL STACY A. WOODS' 'Real Property Law Specialist Certified By Tho Minnesota State Bar Association 'Licensed in 11 inois/Colorado 'Qualified Neutral Mediator under Rule 114 ...JENSEN SONDRALL & PERSELLIN,.P.A...... Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811$ TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@ispattorneys.com August 27, 2013 Valerie Leone City Clerk Tia e-mail City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2013 Roof Replacement - Public Works Facility. Contract with Diverse Construction Services LLC Our File No.: 99.10030 Dear Val: Delivered to you last night at the City Council meeting were four copies of the contract and bonds for the above -referenced project, as well as the Certificates of Insurance received. The only revisions required are that in several places where I have tabbed, an incorrect reference is made to "Diverse Construction Services Inc." The "Inc." is in error and needs to be replaced with "LLC". Please make those revisions to the hard copies of the Contract by manually marking it up. Upon those revisions, all the Contracts will be in order from a legal standpoint. Please call me if you have any questions. V truly yours, r� Stacy oo s, Assistant City Attorney, City of Ne ope Enclosures cc: Steven A. Sondrall, City Attorney Guy Johnson, Public Works Director Chris Long, City Engineer P:1AttomeylSAS11 Client Filesl2 City of New Hape199-10030 (Public Works general)1Leone 1tr - 2013 Facilities Roof Projectdoc August 29, 2013 Diverse Construction Services, LLC 82 380, Ave NE Columbia Heights, MN 55421 SUBJECT: Public Works Facility Roof Replacement - improvement project 924 At its meeting of August 12, 2013, the New Hope City Council approved the contract with your company for project no. 924 for $62,246. Enclosed please find two contract documents. Please submit 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 Chris Long at Stantec at 651-604-4938 if you have any questions regarding the project. Sincerely, a . "C' 4r� Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Guy Johnson, director of public works Chris Long, city engineer CITY OF NEw HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 >L.= Stantec August 16, 2013 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Mr. Robert Schreder Diverse Construction Services, Inc. 82 38th Avenue NE Columbia Heights, MN 55421 Re: City of New Hope, Minnesota 2013 PWF Roof Replacement Project City Project No. 924 Stantec Project No. 193801917 Notice of Award/Contract Documents Dear Mr. Schreder: You are notified that your Bid dated July 25, 2012 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $62,246.00 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 Documents A101-2007 Agreement Form, A312-2010 Performance Bond, and A312-2010 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: Mr. Steven Sondrall Jensen, Swanson & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1999 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Diverse Construction Services, Inc. (1 - your file, i - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Bruce Paulson 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, STANTEC CONSULTING SERVICES INC. &a � Q&" Bruce P. Paulson, A.I.A. Enclosures: Four Contract Documents cc: Valerie Leone, Paul Coone — City of New Hope Steve Sondrall, City Attorney Home (/j Search (Business/Search) Filings (/Business /Filings) Search Business Record Details » e Back to Search Results $ Mnnesota Business Name . i Diverse Construction Services LLC Business Type Limited Liability Company (Domestic) File Number 4205038-2 Filing Date 03/04/2011 Renewal Due Date: 12/31/2013 Registered Agent(s) (Optional) None provided Principal Lxecutive Office Address 14453 Osage ST. NW Andover MN 55304 USA Filing History Renewal History MN Statute 322B Home Jurisdiction Minnesota Status Active 1 In Good Standing Registered Of6oe Address 14453 Osage Str NW Andover MN 55304 USA Manager Diverse Construction Services LLC 82 -38th Ave. NE Columbia Heights MN 55421 3502 USA Fling History 03/04/2011 Original Fling - Limited Liability Company (Domestic) Office of the MN Secretary of State Home Page Qlttp://www.sos.state.mn.us) System Requirements The MB IS application works with the following web browsers: • Microsoft Internet Explorer (version '7+) • Mozilla FYrefox (version 3.5+) • Apple Safari (version 3+) • Google Chrome Copyright 2011 1 Secretary of State of Minnesota I All rights reserved Additional MBIS Information Terms & Conditions (http://www.sos. state. m n. us/index. page=1667) Contact Us (http://www.sos.state.mn.us/index. page=42) Frequently Asked Questions (FAQ) (http://www.sos.state.mn.us/index. page= 12) COUNCIL I:RFA\Pubworks120131924 RFA PW office roof replacement change order REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works October 14, 2013 Development and pl�� Item No. By: Bob Paschke, Director By. Kirk McDonald, City Manager 8.2 Resolution approving a change order to the contract with Diverse Construction Services Inc. for the Public Works roof replacement project in the amount of $14,750 (Improvement Project 924) Requested Action Staff is recommending that Council pass a resolution approving a change order for replacement of the Public Works facility office complex roof that was approved by the City Council on August 12. The $14,750 change order is necessary to address interpretation of the plans and specs in regard to the scope of the project. Staff determined a change order was the best course of action. Staff also recommends delaying the project until spring of 2014, as heating of offices, weather delays and snow removal charges may be factors in this unpredictable season of the year. It is also felt the added labor expense of staff and engineering hours to re- bid may not be as cost effective as accepting a change order to the contract as it stands. The contractor will honor the bid until May 1, 2014. Policy/Past Practice The City Council routinely considers infrastructure improvements and maintenance to extend the useful life of city assets. Background The 2013 CIP includes $120,000 working capital for replacement of the roofing over the Public Works office complex area. The existing roof was originally constructed in 1997 when the office complex was added onto the existing Public Works facility. The current roof has been deemed to be in need of replacement based upon Stantec Engineering inspections. Replacement of the roof is needed to eliminate frequent repairs of leaks causing damage to the offices below. As the project was about to proceed, it was discovered that the interpretation of the plans and specs by the contractors was different than that of the engineer. The interpretation of the contractors was that the roof curbs were to be provided and installed by others, including the reinstallation of three roof top HVAC units. MOTIION BY SECOND BY -A" TO:zYLj f 3 ,3 7 00 I:RFA\Pubworks120131924 RFA PW office roof replacement change order Request for Action October 14, 2013 Page 2 The intent of the engineer was that these items would be included in the project scope, but it was not communicated clearly in the specifications. The additional labor, mechanical tasks and costs consist of: • Fabricate three new roof curbs for two existing HVAC units and one new unit provided by the city. Roofer to lift and install new curbs • Place three rooftop units into place on new curbs by crane • Reconnect gas and electrical; start up and test operation • Including tax, labor during normal business hours, material and crane to lift • Excluding repairs and or warranty on rooftop equipment. The city initially received seven bids for the office complex roof replacement at the Public Works facility. The low bid was submitted by Diverse Construction Services for $62,246. At the advice of the city attorney, the engineer and city staff met with Diverse Construction Services to discuss the discrepancy for the additional tasks. The contractor quoted an additional $15,400 would be required. Other bidding contractors were also contacted with regard to similar additional expense quotes as well. Diverse Construction Services was asked to consider lowering their change order amount. After speaking to their sub -contractors, Diverse Construction Services submitted a final quote of $14,750 for the change order. The city attorney has advised we may proceed in this manner subject to Council approval. Funding Funds for this project are being provided by the central garage equipment replacement fund. Diverse Construction Services original quote to replace the roofing was $62,246, which was $9,754 less than the next lowest bidder. The change order for the additional scope to the project is $14,750 bringing the project total to $76,996. The 2013 CIP has $120,000 budgeted for this project; therefore, the project is $43,004 under budget. The base bid of the second place bidder, McPhillips Brothers, was $72,000, which would also require further charges exceeding Diverse Construction's quote for the addition of a change order to the project scope. Attachments Resolution for this Council Action Engineer's memo including additional amendments to the contract Copy of original project Request for Action Copy of original project Resolution City of New Hope Resolution No. 13- 137 Resolution approving a change order to the contract with Diverse Construction Services Inc. for the Public Works roof replacement project in the.amount of $14,750 (Improvement Project 924) WHEREAS, the interpretation of the bidding contractors was that the roof curbs were to be provided and installed by others, including the reinstallation of three roof top HVAC units; and, WHEREAS, the intent of the engineer was that these items are necessary in the project scope; and, WHEREAS, the Public Works Department recommends an amendment to the contract and approval of a change order in the amount of $14,750 to Diverse Construction Services Inc. for the addition to the scope of service, and, WHEREAS, the city attorney has advised we may proceed with approval of Council; and, WHEREAS, the C1P has $120,000 budgeted and it is identified as working capital in the central garage equipment replacement fund, Public Works Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract amendment requirements and ancillary equipment modifications are authorized in regard to replacement of the Public Works office complex roof by Diverse Construction Services Inc. 2. That the change order appropriation of $14,750 is authorized for the contract amendment in scope of service to Diverse Roofing from the central garage equipment replacement fund budget is hereby amended. 3. 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 14th day of October 2013. (,Qv Mayor Attest: City Clerk Ulm October 8, 2013 City of New Hope Attn: Bob Paschke 4401 Xylon Avenue North New Hope, MN 55428 Re: New Hope Public Works Facility Roof Replacement - Mechanical Work Dear Mr. Paschke, Diverse Construction Services, LLC proposes to provide the following: - Fabricate three (3) new roof curbs for two (2) existing units and one (1) new unit provided by customer. Roofer to lift and install new curbs. Crane three (3) rooftop units into place on new curbs. Reconnect gas and electrical, start up and test operation. Includes tax, labor during normal business hours, material and crane to lift. Excludes any repairs or warranty on rooftop equipment. Our price for this is $14,750.00. This work will be performed in conjunction. with the roofing project. Any snow fall over 1" will be removed and billed at $55.00 per man hour. If the project is postponed by mutual agreement due to weather conditions, we will honor the original bid ($62,246.00) and mechanical add ($14,750.00) amounts until May 1, 2014. If you have any questions or require further information, please feel free to contact me at 763-443-4491 or email me at robfltdiverseconst.com, Respectfully, Rob Snider Project Manager Proposal accepted by: Title: Diverse Construction Services LLC 82 - 38th Avenue Northeast Columbia Heights, MN 5542 1-35 02 P: 763-205-1476 1 F: 763-205-1665 1 www.diverseconst.com I MN Contractor License No. SC639889 '.oStantec October 8, 2013 File: 193801917 Stantec Consulting Services Inc. 2335 Highway 36 West St. Poul MN 55113 Tel: (651 ) 636-4600 Fax: (651; 636-1311 Attention: Mr. Robert Paschke Director of Public Works City of New Hope 5500 International Parkway New Hope, MN 55428 Dear Mr. Paschke, Reference: Public Works Facility 2013 Roof Replacement Change Order City Project No. 924 This project was bid on July 25, 2013 and was awarded to Diverse Construction Services, Inc. for the lump sum of $62,246.00. On September 17, 2013, I met with Rob Snider from Diverse Construction Services, Inc. to discuss the project schedule and was informed that they had taken exception to the notes on Sheet A802 regarding the new roof curbs. Their interpretation of the notes on Sheet A8o2 were that the roof curbs were to be provided and installed by others, along with the re -installation of the three roof top units. We asked Diverse Construction Services, Inc. to submit a price for furnishing and installing the three new roof curbs and re -installing the three roof top units (2 re -used and one new provided by Owner). They sent an email on September 19, 2013 indicating the following would be included in the pricing as requested: • Fabricate three new roof curbs for two existing units and one new unit provided by customer. Roofer to lift and install new curbs • Crane three rooftop units into place on new curbs • Reconnect gas and electrical, start up and test operation • Includes tax, labor during normal business hours, material and crane to lift • Excludes and repairs or warranty on rooftop equipment The price for this work was $15,750.00. We met with Rob Snider on Wednesday, October 2, 2013, to discuss the above pricing to see if they could reduce the cost. Rob indicated he would check with his subcontractors to see if they would be able to reduce their prices for the above work scope. D-%;gn v'itii October 8, 20! 3 Mr. Robert Paschke Page 2 of 2 Reference: Public Works Facility 2013 Roof Replacement Change Order City Project No. 924 Per the letter received from Diverse Construction dated October 8, 2013 they have reduced the price for the above mentioned work to $14,75o.00. The letter from Diverse Construction also indicates that if the project is postponed by mutual agreement due to weather conditions, they will honor their original bid and mechanical addition until May 1, 2014. Should you wish to discuss any of the above information in further detail, please call me at (651) 604-4849 Regards, STANTEC CONSULTING SERVICES INC. AW f, fx� Bruce P. Paulson, AIA Senior Project Manager Phone: (651) 604-4849 Fax: (651) 636-1311 Bruce.Paulson@stantec.com Attachment: None C. ph ducumenm Originating Department Public Works COUNCIL, REQUEST FOR ACTION Approved for Agenda August 12, 2013 By: Kirk McDonald Agenda Section Development & Planning Item No. 8.4 Resolution awarding a contract for replacement of the Public Works facility's office complex roof to Diverse Construction Services Inc. in the amount of $62,246 Requested Action Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Diverse Construction Services Inc. in the amount of $62,246 for replacing the commercial roof over the office complex portion of the Public Works facility. Policy/Past Practice The City Council routinely considers infrastructure improvements to extend the useful life of the infrastructure and/or improve the level of service. The city develops a five-year capital improvement program (CIP) for capital equipment, facility improvements, and infrastructure projects. Every two years the CEP is reviewed, updated, and extended two years for another five-year period. Background The 2013 CIP includes replacement of the roofing over the Public Works office complex area. The existing roof was originally constructed in 1997 when the office complex was added onto the existing public works facility. The current roof has been deemed to be in need of replacement based upon Stantec Engineering inspections. The replacement of the roof will also eliminate frequent repairs of leaks causing damage to the offices below. Staff received quotes from seven companies for replacing the roof over the office complex area. They are: MOTION BY /1]L[f�/Y- SECOND BY TO: I:RFA\PubworksN2010\882 PW Cold Storage Roof Replacement Request for Action August 12, 2013 Page 2 Diverse Construction Services Inc. McPhiIlips Brothers Roofing Co Central Roofing Co Berwald Roofing Inc. Schwickerts Tecta America B.L. Dalsin Roofing Dalco Roofing and Sheet Metal Inc. $62,246 $72,000 $74,170 $87,473 $91,188 $98,500 $101,620 Based upon the recommendation of Stantec Engineering and positive references, staff recommends awarding a contract to the low quote from Diverse Construction Services Inc. Funding Diverse Construction Services Inc. quote to replace the roofing is $62,246. The city's 2013 CIP has $120,000 budgeted for this project. Funding would be through the equipment replacement fund. Attachments Copies of the resolution, engineer's memo and the bid tab are attached. City of New Hope Resolution No.13418 Resolution awarding a contract for replacement of the Public Works facility's office complex roof to Diverse Construction Services Inc., for $62,246 (improvement project 924) WHEREAS, the city of New Hope prepares a five-year capital improvement program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and, WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize acquisition of individual equipment and/or projects listed therein; and, WHEREAS, the Public Works Department recommends awarding a contract to Diverse Construction Services Inc. for replacement of the Public Works facility's office complex roof, and, WHEREAS, the city has received seven bids for the office complex roof replacement at the Public Works facility; and, WHEREAS, the bid in the amount of $62,246 from Diverse Construction Services Inc., for replacement of the Public Works office complex roof, is the lowest responsible bid submitted; and, WHEREAS, the funds for this project have been provided within the central garage equipment replacement fund for the Public Works Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for replacement of the Public Works office complex roof is awarded to Diverse Construction Services Inc.; and, 2. That the appropriation of $62,246 for payment to Diverse Roofing, from the central garage equipment replacement fund, is authorized, and the central garage equipment replacement fund budget is hereby amended; and, I 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 12th day of August 2013. Mayor Attest: 'l.C_ City Clerk Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651)636-1311 i! I 'M IC7 t �iI t�i6t7eE t OnQhyklYi�rl� i9*lfsi+ Rob Snider To: Rob Snider From: Description Company: Diverse Construction Services, LLC ❑ For Your Information Address: 82 38th Avenue NE For Your Approval Columbia Heights, MN 55421 For Your Review Phone: 763-205-1476 © As Requested Date: October 16, 2013 File: 193801917 Delivery: Regular Mail Reference: New Hope Public Works Facility 2o13 Roof Replacement Project Attachment: Diverse Construction Services LLC 82 - 36th Rverie Northeast Cclumbia Heigr;s, MN 55421-3502 P: 763-205-1478 i F: 763-205.1665 V.: 753-443-4491 wvaw.d i v e rs ec o r. st.co m ernaii: rob Odtverseconst.com MN Ccntrac:or License sic. OC639889 Copies Doc Date Pages Description 4 Change Order No. 1 3 Hi Rob, Please sign all four copies and then deliver to Bob Paschke at New Hope Public Works Facility. Thanks. STANTEC CONSULTING SERVICES INC. ha , 4, Bruce P. Paulson, AIA Senior Project Manager r �SLSTo �Y— Phone: (651) 604-4849 f 1✓ Fax: (651) 636-1311 Bruce.Paulson@stantee.com c. Bob Paschke, Paul Coone, Chris Long 1 r� Design with community In mind pb documentl I3 Stantec Dwner: City of New Hope, 4401 Xylan Ave. N., New Hope, MN 55428 October 16 201,: Dontractor: Diverse Construction Services, LLC, 82 38th Ave. NE, Columbia Heights, MN 55421 CHANGE ORDER NO. 1 PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PROJECT NO. 924 STANTEC FILE NO. 193801917 Description of Work This Change Order provides to: Fabricate three new roof curbs for two existing units and one new unit provided by the City. Roofer to lift and install new curbs. Crane three rooftop units into place on new curbs Reconnect gas and electrical, start up and test operation Includes tas, labor during normal business hours, material and crane to lift Excludes any repairs or warranty on rooftop equipment Contract Unit Total No. Item Unit Quantq Price Amount CHANGE ORDER NO.1 1 CHANGE ORDER NO. 1 TOTAL CHANGE ORDER NO. 1: 193801917-COI.xls LS 1 $14,750.00 $14,750.00 $14;750.00 Original Contract Amount $62,246.00 Previous Change Orders $0.00 This Change Order $14,760.00 Revised Contract Amount (including this change order) $76,996.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): 27 -Sep -13 Ready for final Payment (days or date): " 1 -Oct -13 Increase of this Change Order: Substantial Completion (days or date): 30 -Apr -14 Ready for final Payment (days or date): 1 -May -14 Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC CONSULTING SERVICES, INC. Approved by Contractor: DIVERSE CONSTRUCTION SERVICES, LLC -. -) Date cc: Owner Contractor Bonding Company Stantec Consulting Services, Inc. 193801917-C01.xls J Approved by Owner: CI 01= EW HOPE Date October 8, 2013 City of New Hope Attn: Bob Paschke 4401 Xylon Avenue North New Hope, MN 55428 � 1 iM MIE: f-'4 V I C F— 4-� N r;: ; Re: New Dope Public Works Facility Roof Replacement— Mechanical Work Dear Mr. Paschke, Diverse Construction Services, LLC proposes to provide the following: - Fabricate three (3) new roof curbs for two (2) existing units and one (1) new unit provided by customer. Roofer to lift and install new curbs. Crane three (3) rooftop units into place on new curbs. Reconnect gas and electrical, start up and test operation. Includes tax, labor during normal business hours, material and crane to lift. Excludes any repairs or warranty on rooftop equipment. Our price for this is $14,750.00. This work will be performed in conjunction with the roofing project. Any snow fall over 1" will be removed and billed at $55.00 per man hour. If the project is postponed by mutual agreement due to weather conditions, we will honor the original bid ($62,246.00) and mechanical add ($14,750.00) amounts until May 1, 2014. If you have any questions or require further information, please feel free to contact me at 763-443-4491 or email me at rob@diverseconst. pm. Respectfully, ei Rob Snider Project Manager Proposal accepted by Title: Diverse Construction Services LLC 82 - 38th Avenue Northeast Columbia Heights, NEN 55421-3502 P: 763-245-1476 1 F: 763-205-1665 i} .:r::<;:i',�'; cL.^,: , :. ; ,�E MN Contractor License No. BC639889 October 24, 2013 Diverse Construction. Services LLC 82 38th Ave NE Columbia Heights, MN 55421-3502 Subject: Change Order No.1 for Project No. 924 At its meeting of October 14, 2013, the New Hope City Council authorized change order no. 1 for $14,750. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Chris Long, Stantec Bob Paschke, director of public works CITY OAF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www, ci.new-hope.mn.us City Hall: 763-531-5100 + Police (non -emergency): 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-51.36 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 n Document G101T" Change Order PROJECT (Name and address): New Hope Public Works Facility 2013 Roof Replacement Project 5500 International Parkway New Hope, MN 55428 TO CONTRACTOR (Name and address) Diverse Construction Services, LLC 82 38* ANenue NF. Columbia Heights, MN 55421-3502 CHANGE ORDER NUMBER: 001 DATE, July 21, 2014 ARCHITECT'S PROJECT NUMBER: 193801917 CONTRACT DATE: August 16, 2013 CONTRACT FOR: General Construction OWNER: ❑ ARCHITECT: ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Incaude, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Credit for damaged sidewalk The original Contract Sinn was $ 76,996.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 76,996.00 The Contract Sum will be decreased by this Change Order in the amount of $ 350.00 The new Contract Sum including this Change Order will be $ 76,646.00 The Contract Time will be mcreased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is May 1, 2014 NOTE. This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Stantee Consulting Services, Inc Diverse Construction Services,LL.0 City of New Hope ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Farm name) 2335 W. Highway 36 St Paul, MN 55113 ADDRESS f? f. BY (Signature) Bruce P. Paulson (Typed name) July 21, 2014 DATE 82 38" Avenue NE Columbia Heights, MN 55421-3502 SS , (Signature) knit -ed T (Typed name) DATE 4401 Xylon Avenue North i4w Hope, MN 55428-4V8 BY (Signature) )-k e, (Typed name) %U df-/ q DATE AIA Document G701 TM — 2001. Copyright® 1979, 1967, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this Al a Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:44:21 on 07/21/2014 under Order No.7039022675_1 which expires on 07/1012015, and is not for resale. User Notes: (1800227443) From: Rob Snider <rob@diverseconst.com> Sent: Monday, July 07, 2014 3:41 PM To: Paulson, Bruce Cc: Long, Chris; smarkham@ci.new-hope.mn.us; Paschke Bob Subject: RE: New Hope Public Works Facility Roof Replacement project Bruce, we used May 29th for the substantial completion date. We are waiting for the walkthrough date from GAF to receive the warranty. I had a conversation with Bob Paschke and we decided to give the city a $350.00 deduct on the project for the concrete pad replacement (one 4x4 pad). I think that would change the final billing and would need some paper work to show that. The last of the punch list remaining is replacing the tile in the office and should be done this week. I will let you know as soon as GAF walks the roof and completes the warranty paper work to send us the warranty along with the rest of the closeout documents. Best Regards, Rob Snider Diverse Construction Services P 763-205-1476 F 763-205-1665 M 763-443-4491 www.Diverseconst.com From: Paulson, Bruce fmaiIto. Bruce. Paulson Pstantec.com] Sent: Monday, July 7, 2014 1:41 PM To: rob @ diverseconst.com Cc: Long, Chris; smarkham@ci.new-hope;mn.us Subject: New Hope Public Works Facility Roof Replacement project Importance: High Hi Rob, have not yet seen the roof warranty for this project. I am also still waiting for a completed punchlist from you showing you have corrected the items on the punchlist. Senior Project Manager 2335 Highway 36 West St, Paul MN 55113 Phone: (651) 604-4849 Cell: (651) 492-9089 Bruce, Paulson@stantec,com The content of this email is the confidential property of Stantec and should not be copied, modlf led, retransmitted, or used for any purpose except with Stantec`s written authorization. If you are not the Intended recipient, please delete all copies and notify us immediately. [tom; Please consider the environment beta re printing this email. Stantec Transmittal Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 To: Rob Snider From: Bruce Paulson Company: Diverse Construction Services LLC ❑ For Your Information Address: 82 - 38th Avenue NE ❑ For Your Approval Columbia Heights, MN 55421-3502 ❑ For Your Review Phone: (763) 205-1476 O As Requested Date: July 21, 2014 File: 1 93801 91 7 Delivery: Regular Mail Reference: New Hope Public Works Facility 2013 Roof Replacement Attachment: Copies Doc Date Pages Description 3 7/21/2014 2 Change Order No. 1 Please sign all three copies and forward to Bob Paschke at Public Works for the final signatures, Thank you. STANTEC CONSULTING SERVICES INC. Bruce P. Paulson, AIA Senior Project Manager Phone: (651) 604-4849 Fax: (651) 636-1311 Bruce.Paulson@stontec.com c. Bob Paschke - City of New Hope, Chris Long, File Design with community in mind pbv:\1938Nactive\193801917\communicaflons\carrespondenceldlverse_bpp^col transm"tcil072114.docx Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1758-124-672 Submitted Date and Time: 22 -Jul -2014 12:16:04 PM Legal Name: DIVERSE CONSTRUCTION SERVICES, LLC Federal Employer ID: 37-1690357 User Who Submitted: Diversel Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 2125955072 Account Number: 2552448 Project Owner: CITY OF NEW HOPE Proj ect Number: 924 Project Begin Date: 15 -Apr -2014 Project End Date: 29 -May -2014 Project Location: PUBLIC WORKS FACILITY,5500 INTERNATIONAL PKWY, NEW HOPE, MN Project Amount: $76,646.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need fiuther assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Witthholding.tax@state.mmus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Please print this confirmation nage for your records using the print or save functionality built into your browser. https://www.mndor.state.mn-us4/eservices/ /Retr.ieve/O/IOLYe4?FILE=Print2 7/22/2014 C O INC'TT . P VV it REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works October 27, 2014 Consent Item No. By: Bob Paschke, Director Pub Works By: Kirk McDonald, City Manager 6.8 Resolution authorizing final payment of $4,449.80 to Diverse Construction Services LLC, for replacement of the office complex roof of the Public Works facility (improvement project 924) Requested Action Staff is recommending that Council pass a resolution to accept replacement of the commercial roof over the office complex portion of the Public Works facility and authorize final payment to Diverse Construction Services LLC, in the amount of $4,449.80; and approve $350 as a reduction change order. Policy/Past Practice The City Council routinely considers infrastructure improvements to extend the useful life of the infrastructure and/or improve the level of service. The city develops a five-year capital improvement program (CIP) for capital equipment, facility improvements, and infrastructure projects. Every two years the CIP is reviewed, updated, and extended two years for another five-year period. Background The 2014 CIP included replacement of the roofing over the office complex portion of the Public Works facility. The existing roof was the original from 1997 when the office addition was attached to the Public Works facility. Due to having some minor leaks over the last couple of years, staff had a structural engineer review the condition of the roof. Staff and the structural engineer recommended that the existing roof be replaced as the roof quality and usefulness had significantly deteriorated. Staff received quotes from seven companies for replacing the roof over the office complex area. They were: Diverse Construction Services Inc. $62,246 McPhillips Brothers Roofing Co $72,000 Central Roofing Co $74,170 Berwald Roofing Inc. $87,473 Schwickerts Tecta America $91,188 B.L. Dalsin Roofing $98,500 Dalco Roofing and Sheet Metal Inc. $101,620 MOTION BY SECOND BY Y TO: -- O P VV it Request for Action, Page 2 October 27, 2014 Funding Diverse Construction Services Inc. quote to replace the roofing was $62,246. A change order in the amount of $14,750 to provide ancillary equipment to make the three HVAC roof units code compliant was approved by the Council on October 14, 2013. An additional change order to issue a credit to the city of New Hope in the amount of $350 brought the total cost to $76,646. The city's 2014 CIP has $120,000 budgeted for this project. Funding will be through the Central Garage equipment replacement fund. Attachments • Resolution • Final pay request. City of New Hope Resolution No. 14- 140 Resolution authorizing final payment of $4,449.80 to Diverse Construction Services LLC for replacement of the office complex roof of the Public Works facility (improvement project 924) WHEREAS, the city entered into a contract with Diverse Construction Services LLC, for a replacement roof of the office complex area at the Public Works facility; and, WHEREAS, staff is recommending that the Council adopt a resolution to approve final payment to Diverse Construction Services LLC, in the amount of $4,449.80; and, WHEREAS, the city engineer and the building official have reported that all work has been satisfactorily completed and recommend that final payment be made to Diverse Construction Services LLC. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council approves the final payment to Diverse Construction Services, LLC. 2. That the city manager is hereby directed to authorize the final payment of $4,449.80 to Diverse Construction Services, LLC. 3. That the funding source for the project is central garage equipment replacement fund. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of October, 2014. Mayor Attest: City Clerk Stantec Transmittal Stantec Consulting Services Inc. 2335 Highway 36 West St, Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 To: Mr. Robert Paschke From: Bruce Paulson Company: City of New Hope ■ For Your Information Address: 5500 International Parkway ® For Your Approval New Hope, MN 55432 For Your Review Phone: (763) 592-6772 As Requested Date: October 8, 2014 File: 193801917 Delivery: Regular Mail Reference: New Hope Public Works Facility 2013 Roof Replacement Attachment: Copies Doc Date Pages Description 4 10/6/2014 4 Application and Certificate for Payment No. 3 -Final with IC - 134 and completed punchlist 1 9/25/2014 - GAF Roofing system warranty - 20 years If you have any questions, please call me. STANTEC CONSULTING SERVICES INC AW f, 4 , Bruce P. Paulson, AIA Senior Project Manager Phone: (651) 604-4849 Fax: (651) 636-1311 Bruce.Paulson@stantec.com c. Chris Long, File Design with community in mina pb v: k 19381aattve11938019 , 7 \communic&lonslcorrespondenoe\ paschke-bpp^payapp3-fnal 100814.docx QV Stantec Public Works Facility 2013 Roof Replacement New Hope, Minnesota City Project No. 924 File No. 193801917 runcn List - Kevisea Prepared by Bruce Paulson Date: May 29, 2014 The following items were found to be incomplete, or not in conformance with the project plans or specifications. All items are to be resolved prior to issuance of final payment by the Owner: Roof Replacement Number Description Date Responsible Completed Party 1 Remove all construction debris from new roof areas Diverse i.e. screws washers metal clippings, etc. 's ��`'� Construction 2 Repair damaged electrical wiring below new roofing Diverse areas — breaker serving the range in the kitchen trips / `ly Construction when turned on and this conduit is routed at bottom of roof deck under new roofing areas 3 It appears that the new roofing membrane at the Diverse overflow scuppers is built up to the point where the Sly Construction drain level is more than 2" above the roof drain level 4 Repair roof leak above John Blasiak's office and replace_!7 Diverse damaged ceilingtiles �� y Construction 5 Replace damaged sidewalk sections at north side of Diverse building caused by crane outriggers while setting roof (� ,� �y Construction top units --3 SU, a D 6 Submit fully executed warranty for the new roofing Diverse system Construction 7 Submit final close-out documents as required by the Diverse Project Manual — Section 0170 00 /0 _: -/4J Construction 8 Condensate drain line on the new roof top unit should City of New be re-routed to drain either to the north or to the south Hope side of the unit rather than at the east side as currently installed to minimize ponded water V.\1938\active\193801917\ConstructionAdminpocuments\Punchlist\PUNCHL7S'r 052914 BPP.doc ®Stantec SUMMARY OWNERIS COPY CONTRACTOR'S REQUEST FOR PAYMENT NEW HOPE PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT PROJECT CITY PROJECT NO. 924 STANTEC FILE NO. 193801917 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 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC CONSULTING SERVICES, INC. Approved y Contractor: DIVERSE CONSTRUCTION SERVICES, LLC See Attached for Si nature Specified Contract Completion Date: June 13 2014 1000^,ely PPMA-1 v1— $ _ 76,996.00 $ 0.00 $ 350.00 $ 76 646.00 $ 76 646.00 $ 0.00 $-- 76,646.00 $ • 0.00 $ 76 646.00 $ 72{ 196.20 $ 0.00 3 -Final $ 4 449.80 Approved by Owner: C EW HOP N Date: 1 C)Z-tI Ll =' = Document GlU2TM -1992 Application and Certificate for Payment TO OWNER• . PROJECT: City of New Nape New hope Public Works Re -roof APPLICATION -IO; Distribution to: 4401 Xylea Ave N 55001nternational Pkwy PERIOD TQ, New Hope MN 554.284898 09130/2014 New Hope MN 65428 OWNER ❑ CONTRACT FOR: FROM CONTRALTO RCHITECT' (verse Construction Services, LLC' Stantec Consulting Services, Inc. CONTRACT DATE: ARCHITECT ❑ DB/15/2013 Remit payments to: 2335 Hwy 36 West PROJECT NOS CONTRACTOR ❑ 82 - 38th ;. Avenue NE St Paul MN 56113 193601917 FIELD ❑ Columbia Heights MN 55421-3502 OTHER ❑ CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that Application is made for payment, as shown below, in connection with the Contract, and belief the Work covered this Ap AIA to the best of the Contractor's knowledge, information 'cation for Payment has been completed in Document G703Tm, Continuation Sheet, is attached. with the Contract Docume ; at al accordance ants have a paid by the Contractor for Work for 1, ORIGINAL CONTRACT SUM .......... $ 78,986 00 which vious Ce aces or aym t int ere u and ayments received from the Owner, and payme sh wa ow 2. NET CHANGE BY CHANGE ORDERS ............................ $ -350.00 ........ . CON CON COR: 3. CONTRACT SUM TO DATE (Line .I �E2).................................... $ 76,646.00 By: 4. TOTAL COMPLETED & STQRED I0-VATE Column G on G703 ...... $ ( 1 76,646.00 State of Date: /4 -C* - 7.a/�f —_-- ---- 5. RETAINAGE; a•0 on % of Con"picted Work (Columns Lr +,E on G703) b. 0 Qp` .°% of Stored Material (Column F on G703) Total Retainage (Lines 5a + 5b, or Total in Column I of G703)...... 6. TOTAL EARNED LESS RETAINAGE .................. .................. (Line 4 minus Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ................. (Line 6 from prior Certificate) 0.00 $ 0.00 $ 76,646.00 $ 72,196.20 B. CURRENT PAYMENT DUE ....................... $ A,449.80 9. BALANCE TO FINISH, INCLUDING RETAINAOe- (Line 3 minus Line 6) changes appFov.pd in approved this- month Order months by Owner $ TOTAL $ t I DEDUCTIONS County of, kKO(40- Subscribed and sworn tv :before me this d(r day of -Seyo{ 2. r Me A Pa. Notary Public: ��My commission expires: ..1W�O1p1A® ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED .................................................... $ l . 2,,c (-4ttach explanation if amount certified dYTe s front theamount applied. Initi 1 all figures on this �Ipplication and on the Coni tion Shdet that are changed to conform with the amount certified.) ARCHITECT: By: Date: -�j • � This Certificate is a t negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein Isauancc, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 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 G702TM -1992. Copyright 01953, 1963, 1965, 1971, 1970, 1983 and 1992 by The American Institute of Archlt lots. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. PurehAers 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, c:opyright@ais.org. ator1incuw AIA Document G703TM -1992 Continuation Sheet AIA Document G702Tm—I.99-21, Application and Certificate for Payment, or G732TX-2009, Application and Certificate far Pa APPLICATIN ALO'' yment, Construction Manager as Adviser Edition, 10/08/2014 containing Contraatoes signed certification is attached. APPLICATION DATE: In tabulations below09/30/2014 amounts are in US dollars. PERik3L) T0: Use Colunin I on. Contracts where variable retainage for line items may apply. 19380191.7 ARCHITECT'S PROJECT' N0: A g C D E F G H I WORK COMPLETED ITEM MATERIMS TOTAL DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS PRESENTLY COMPLETEDAND n BALANCETQ NO. VALUE /u FINISH RETAINAGE APPLICATION THIS PERIOD STORED STORED TO DATE (G C) (If variable rate) (D + E) (Not in D or E) (D+E+F) (C— C*) ori — Permit 1,200.00 1,206.00 1,200.00 100.0 Warranty 1,000.00 1,000.00 1,000.00 100, Subcontractor 12,500.00 12,500.00 12,500.00 1 OWC Equipment Rental 2,900.0 2,900.00 2,900.4 100.0 Material 26,600,0 26,600.00 26,600,00 10010 Labor 23,700.0 23,700.00 23,7410.00 100.0 Sheet Metal Material 600.0 600.00 800.00 100.0 Sheet Metal Labor 7,296.0 7,296,0( 7,298.00 700.0 GOange Order# 1 -350.0 -350.00 -350.00 100. Totals: 76,846 -OC 76,996.0 .650.00 76,646.00 100.01 GRAND TOTAL ----- 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 G703TM —1992. Copyright ®1963, 1965, 1966, 1997, 1970, 1978, 1983 and 1992 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penartles; and will be prosecuted to the maximum extent possible under the few. Purchasers are permitted to reproduce ten 00) copies of this document when completed. To report copyright vlolations of AIA Contract Documents, e-mail The American Institute of Architects' regal counsel, copyright@aia.org. tmxiwcou Page 1 of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number. 1-758-124-672 Submitted Date and Time: 22 -Jul -2014 12:16:04 PM Legal Name: DIVERSE CONSTRUCTION SERVICES, LLC Federal Employer ID: 37-1690357 User Who Submitted: Diversel Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 2125955072 Account Number. 2552448 Project Owner: CITY OF NEW HOPE Project Number: 924 Project Begin Date: 15 -Apr -2014 Project End Date: 29 -May -2014 Project Location: PUBLIC WORKS FACILiTY,5500 INTERNATIONAL PKWY, NEW HOPE, MN Project Amount: $76,646.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at (Metro Area) 651-282-9999, (Greater Minnesota) 800-657-3594, (TTY Users) Call 711 for Minnesota Relay, or (email) Withholding.tax@0atc.ran.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going to the History Tab. Pleasc print this confirmation page for your records using the print or save functionality built into your browser. https:/Iwww.mndar.state.mn.us/tp/eservicesl /Retrieve/O/IOLYe4?FILE Print2 7/22/2014 Cot oc)14 IS Project Manual For Public Works Facility 2013 Roof Replacement City of New Hope, Minnesota CONTRACT DOCUMENTS May 2013 City Project No. 924 Stantec Project No. 193801917 . anec DIVER -1 OP ID: MA CERTIFICATE OF LIABILITY INSURANCE 70T81211E(MMIDDIY2a13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFE=RS NO RIGHTS UPON THE CERTIFICATE BOLDER. 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(iss) 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 endorsemen s . PRODUCER Phone: 320-252-1702 Charles Allen Agpricy, Inc. Fax; Mark Gresser, CEO ; CONTACT NAME; Melissa A nderson, CISR PHONE 320-258-9379 FAX ,X.NEEI: Arc No); Please Email EMAIL ADDRESS' m melissa.anderson charlesallena enc .co 4 13th Avenue North Waite Park, MN 56387 04/09/2013 Mark Gresser, CEO INSURE S AFFORDING COVERAGE NAIC # INSURER A: United Fire Group 13421 MED EXP (Any one person) $ 5,00 INSURED Diverse Construction Services, INSURER B: Builders & Contractors LLC GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY IPERCof 71 LOC 82 38th Ave NE INSURER C: INSURER D: Columbia Heights, MN 55421 INSURER E: INSURER F: 60429641 COVERAGES CERTIFICATE NUMBER: REVISION Nt1MRFR- 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci City of New Hope POLICY NUMBER POLICY EFF MMIDDrYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR 60429641 04/09/2013 04/09/2014 EACH OCCURRENCE $ 11000,00 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY IPERCof 71 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 60429641 04/09/2013 04109/2014 COMBINED SINGLE LIMIT Ea accident $ 11000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peraocident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESSLIAe X OCCUR CLAIMS -MADE 60429641 04/09/2013 04/09/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 10000 $ B WORKERS COMPENSATION ANDEMPLOYERS' LIABILITYR YIN ANY PROPRIETOPJPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N 1 A 220397 04/0912013 04/09/2014 WC STATU- I JOTH- E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 701, Addtdonal Remarks Schedule, If more space Is required) Re: Public Works Facility 2013 Roof Replacement, City Project No. 924 CERTIFICATE i4ni nFR ceuct=l I ATInNf CITNEW2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci City of New Hope THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4401 Xylon Ave N New Hope, MN 55428 AUTHORIZED REPRESENTATIVE C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD DOCUMENT 00 91 13 ADDENDUM 2 CITY OF NEW HOPE 2013 PUBLIC WORKS FACILITY ROOF REPLACEMENT CITY PROJECT NO. 924 NEW HOPE, MINNESOTA JULY 17, 2012 Number of Pages: _�L_ (includes this sheet) To: All Planholders From: Stantec Consulting Services, Inc. 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4849 — Bruce Paulson, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. Date ® 2013 Stantec 1193801917 ADDENDUM 2 009113-1 LJ..I4:•J1P7WT144P1k'N A Pre -Bid Meeting was held on site on Thursday, July 11, 2013 starting at 9:00 a.m. The following companies/firms were represented at this meeting: Berwald Roofing Dalco Roofing Diverse Roofing John A. Dalson Roofing Nieman Roofing Schwickerts Tecta America The following Items were discussed at this meeting: 1. The Contractor will apply for the roof replacement permit. The City will waive the permit fee. 2. Specification Section 07 55 13 — Modified Bitumen Roofing System. a. Roofing Insulation: First layer to be attached to existing substrate per paragraph 2.02.C.1. Additional insulation layers will be hot mopped together in accordance with manufacturer's written Installation instructions to comply with guarantee requirements indicated in paragraph 1.10. b. Fiberboard listed in paragraph 2.02.A can be hot mopped to roof insulation provided it is installed in accordance with manufacturer's written installation instructions to comply with guarantee requirements indicated in paragraph 1.10. 3. Detail C/A802: Revised per A802 -SKI attachment. 4. Detail D/A802: Revised per A802-SK2 attachment. LIST OF ATTACHMENTS 1. A802-SK1 2. A802-SK2. LEND OF DOCUMENT ADDENDUM A p 2013 Stantec 1193801917 009113-2 CONT SEALANT EXIST PREFINISHED MET FLASHING TO REMAIN AND BE PROTECTED NEW PREFINISHED MET - COUNTERFLASHING TO MATCH EXIST FLASHING NEW CANT STRIP AND WOOD BLOCKING NEW MBR -1 EXTEND UP WALL AS SHOWN EXIST WALL CONST REMAIN AND BE PROTECTED EXIST PREFINISHE[ WALL PANELS AND TRIM TO REMAIN A BE PROTECTED NEW PREFINISHED COUNTERFLASHINC MATCH EXIST FLAS NEW CANT STRIP A WOOD BLOCKING NEW MBR -1 EXTEN WALL AS SHOWN /ROOF EDGE DETAIL AT WALL D F U 4" 811 114f .. PARTIAL ROOF REPLACEMENT PLAN AND DETAILS A802 -SKI v4 CITY OF NEW HOPE, MINNESOTA mm ...»� PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT MFWM &W% AM pwa � EXIST WALL CONST TO REMAIN AND BE PROTECTED EXIST PREFINISHED MET WALL PANELS AND BASE TRIM TO REMAIN AND BE PROTECTED NEW PREFINISHED MET - COUNTERFLASHING TO MATCH EXIST FLASHING NEW CANT STRIP AND WOOD BLOCIQNG NEW MBR -1 EXTEND UP WALL AS SHOWN D ROOF EDGE DETAIL AT WALL Q 4" 8" 1'-4" PARTIAL ROOF REPLACEMENT PLAN AND DETAILS A802-SK2 :7 CITY OF NEW HOPE, MINNESOTA WE NLY 17. 2D10 PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENTShEft �x Imm.Ip. 143001x1] DOCUMENT 00 91 13 ADDENDUM i CITY OF NEW HOPE 2013 PUBLIC WORKS FACILITY ROOF REPLACEMENT CITY PROJECT NO. 924 NEW HOPE, MINNESOTA JULY 8, 2012 Number of Pages: 2 (includes this sheet) To: All Planholders From: Stantec Consulting Services, Inc. 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4849 — Bruce Paulson, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. Company Name Date ADDENDUM 1 C 2013 Stantec 1193801917 009113-1 INVITATION FOR BIDS Revise the published Invitation for Bids to match Section 00 1113 Invitation for Bids as follows: The City of New Hope, Minnesota, hereby gives notice that Sealed Bids (faxes will not be considered Sealed Bids) will be received in the office of the City Clerk, 4401 Xylon Avenue North, New Hope, Minnesota, for the Public Works Facility 2013 Roof Replacement, City Project No. 924. Sealed Bids will be received until 2 P.M., CDT, on Thursday, July 25, 2013, at the New Hope City Offices, at which time and place the City Clerk and City Engineer, or their designated representative, shall publicly open and read aloud the Bids. Sealed Bids arriving after the designated time will be returned unopened. In general, this Project will consist of the removal and replacement of the existing built-up roofing system over the front offices area of the Public Works Facility with a new 4 -ply modified bitumen roofing system, as well as replacement and/or modification of prefinished metal copings, fascia, flashing panels, scupper and overflow scuppers at the roof perimeter. BIDS: To be considered, Bids must be sealed and addressed to the City Clerk, City of New Hope, 4401 Xylon Avenue North, New Hope, Minnesota, 55428. Bids must be endorsed with the name and address of the Bidder and the City Project Number for which the Bid is being submitted. The estimated construction cost for this Project is $125,000. Complete digital Bidding Documents are available at www.questodn.com tor $20 by inputting OuestCDN eBidDoc #2748142 on the website's Project Search page. Paper Bidding Documents may also be viewed at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to the Architect's Project Manager, Bruce Paulson, at (651) 604-4849. A Pre -Bid Meeting will be held on Thursday, July 11, 2013, at 9 A.M., CDT at New Hope Public Works Facility, 5500 International Parkway, New Hope, Minnesota. All Contractors wishing to submit a Bid on this Project should attend the Pre -Bid Meeting. This will be the only opportunity to tour the building prior to the Bid due date. BID SECURITY: No Bid will be considered which is not accompanied by a cash deposit, certified check, cashier's check, or satisfactory bid bond payable to the City of New Hope in an amount of not less than 5 percent of the Bid amount. Bids may not be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The City of New Hope, Minnesota, reserves the right to reject any and all Bids, waive any minor irregularities in bidding, or to accept the Bid or bids which best serve the interest of the City of New Hope. The City Council will consider award of a Contract at its regular meeting to be held on Monday, July 22, 2013, in the City Council Chambers at 4401 Xylon Avenue North, New Hope, Minnesota. Published by the authority of the City Council of the City of New Hope on the 23rd day of May 2013, LIST OF ATTACHMENTS 1. None END OF DOCUMENT ADDENDUM A © 2013 Stantec 1193801917 009113-2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS ARCHITECT I hereby certify that this pian, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. Responsible for Divisions 01 through 09 of the Specifications. Bruce P. Paulson, A.I.A. Date: May 30, 2013 License # 20910 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2013 Stanbec 1193801917 000105-1 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 00 01 05 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Invitation for Bids 00 20 00 Instructions to Bidders — AIA Document A701-1997 00 21 13 Supplementary Instructions 00 41 00 Bid Form 00 43 00 Bid Bond — AIA Document A310-2010 Contracting Requirements 00 52 00 Agreement Farm — AIA Document A101-2007 00 61 13 Performance Bond — AIA Document A312-2010 00 61 15 Payment Bond — AIA Document A312-1010 00 72 00 General Conditions — AIA Document A201-2007 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01— General Requirements 01 10 00 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 60 00 Product Requirements 01 70 00 Execution Requirements 01 78 23 Operation and Maintenance Manuals 01 78 36 Warranties 01 78 39 Project Record Documents 01 92 00 Facility Operation Division 02 — Demolition 02 41 19 Selective Demolition Division 03 and 04 — Not Used Division 05 — Metals 05 50 00 Metal Fabrications Division 06 — Woods, Plastics, and Composites 06 10 00 Rough Carpentry TABLE OF CONTENTS Q 2013 Stantec 193801917 00 01 10 -1 Division 07 — Thermal and Moisture Protection 0755 13 Modified Bitumen Roofing System 07 62 00 Sheet Metal Flashing and Trim 07 72 13 Roof Pipe Support Systems 07 92 00 Joint Sealants DRAWINGS A801 EXISTING AND DEMOLITION ROOF PLANS A802 PARTIAL ROOF REPLACEMENT PLAN AND DETAILS END OF SECTION TABLE OF CONTENTS © 2013 Stantec 1 193801917 000110-2 SECTION 00 11 13 INVITATION FOR BIDS The City of New Hope, Minnesota, hereby gives notice that Sealed Bids (faxes will not be considered Sealed Bids) will be received in the office of the City Clerk, 4401 Xylon Avenue North, New Hope, Minnesota, for the Public Works Facility 2013 Roof Replacement, City Project No. 924. Sealed Bids will be received until 2 P.M., CDT, on Thursday, July 25, 2013, at the New Hope City Offices, at which time and place the City Clerk and City Engineer, or their designated representative, shall publicly open and read aloud the Bids. Sealed Bids arriving after the designated time will be returned unopened. In general, this Project will consist of the removal and replacement of the existing built-up roofing system over the front offices area of the Public Works Facility with a new 4 -ply modified bitumen roofing system, as well as replacement and/or modification of prefinished metal copings, fascia, flashing panels, scupper and overflow scuppers at the roof perimeter. BIDS: To be considered, Bids must be sealed and addressed to the City Clerk, City of New Hope, 4401 Xylon Avenue North, New Hope, Minnesota, 55428. Bids must be endorsed with the name and address of the Bidder and the City Project Number for which the Bid is being submitted. The estimated construction cost for this Project is $125,000. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN BidDoc #2748142 on the website's Project Search page. Paper Bidding Documents may also be viewed at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquirles to the Architect's Project Manager, Bruce Paulson, at (651) 604-4849. A Pre -Bid Meeting will be held on Thursday, July 11, 2013, at 9 A.M., CDT at New Hope Public Works Facility, 5500 International Parkway, New Hope, Minnesota. All Contractors wishing to submit a Bid on this Project should attend the Pre -Bid Meeting. This will be the only opportunity to tour the building prior to the Bid due date. BID SECURITY: No Bid will be considered which is not accompanied by a cash deposit, certified check, cashier's check, or satisfactory bid bond payable to the City of New Hope in an amount of not less than 5 percent of the Bid amount. Bids may not be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The City of New Hope, Minnesota, reserves the right to reject any and all Bids, waive any minor irregularities in bidding, or to accept the Bid or bids which best serve the interest of the City of New Hope. The City Council will consider award of a Contract at its regular meeting to be held on Monday, August 12, 2013, in the City Council Chambers at 4401 Xylon Avenue North, New Hope, Minnesota. Published by the authority of the City Council of the City of New Hope on the 10th day of June 2013. @ 2013 Stantec 1 193801917 INVITATION FOR BIDS 001113-1 This Page Left Blank Intentionally 0 .� Document A701"-1997 hzU=CWCn3 0 Bidders for the following PROJECT; (Name and location or address) Public Works Facility 2013 Roof Replacemmt City Project No. 924 ADDITIONS AND DELETIONS: The author of this document has n,'E OCRER: added Information needed for its (Name, legal status and address) completion. The author may also City ofNew Hope have revised the text of the original 4401 Xylon Avenue North AA standard form. An AdIditkm and New Hope, MN 55428-4898 Deletions Report that notes added irtfarmation as well as revisions to the THE ARCHITECT: standard farm text Is available from (Name, legal status and address) the author and should be reviewed. A Stautec Consttlting St vices Inc. vertical line in the left margin of this 2335 W. M ghway 36 document Indicates where the author has added necessary information St. Paul, MN 55113 and where the author has added to or deleted from the original AIA text. TABLE OF ARTICLES This document has Important legal consequences. Consultation with an 1 DEFIRITIONS attorney Is encouraged with rasped to its completion or modification. 2 BIDDER'S REPRESENTATIONS BIDDING DOCUI&ENTS 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS POST -BID INFOR€AATION PERFORKANCE BORD ARD PAYMENT BOND 6 FOR%' OF AGREEZENT BETWEEN CMNER AND CONTRACTOR MA Document AM" -1997. Copyright* 1970.1974,1978,1987 mid 1997 by The American Inodkite of Archkcts, AN ftbts resswed. W,��+�s'KMThttj _l: ' �rt;e t2 t3proirr,�n' �a aJ.$. CaF,ms!r# �• Y cn� lnt rriCtiarra) yro^1t+a 4n•:uthruf �d r: ':-Jd6!C'M'On or d!�'.ributt�-;� r;'�lr � .=Nr'O G�urra,a� or:_n• r #[:• c It: m i r....-r•:t In _-_ware, c`��' wr cd:nU-.^I } enc tt : �.+d t -tilt»_ ,, rc °.aacrt :o dx, mr=imp sc t°:r' re. u: nU unth : tho f..r:. This d=woentwae produced byAUlsofhvare &1 13:60:32 on 1)5180=18 under Order NcA77i3041ti4_i which wow on 0711112018, and In net for resale. User Notes: {1914222409} ARTICLE 1 DEFINITIONS § 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. § 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, or in other Contract Documents are applicable to the Bidding Documents. 11.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications or corrections. § 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. § 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or fim which Work may be deleted for sums stated in Alternate Bids, § 1A An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. § 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. 11.8 A Bidder is'a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. § 13 A Sub -bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER'S REPRESENTATIOMS § 2.1 The Bidder by making a Bid represents that: § 2.1.1 The Bidder has read and understands the Bidding Documents or Combimt Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction. § 2.1.2 The Bid is made in compliance with the Bidding § 2.1.3 The Bidder has visited the site, became familiar with local conditions under whish the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. § 2.1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. ARTICLE 3 BIDDIRG DOCUitiBATS § 3.1 COPIES § 3.1.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refimded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deceit will be refunded. § 3.1.2 Bidding Documents will not be issued directly to Sub -bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders. AIA Docurnard A701M —1997. Copyright 01970,1974,1978.1987 and 1997 byThe American Institute UfArahNecis. M rights rraarvad. ; = -`IC L#: T.TL i 1A° L xat.t-rrt Ir, preslccd d try US. I.rh *nLlianci Ti"-Vw. i1 i tho-3zf d ._ .X A� jorn or E'et;-now c- Luis V! Z arm -)n', a.-, UY 2 -,Y_.0 a cf m. mr• iLuuu In a -r, i" clt.0 tmd cd,-Inal This document was produced by AIA software at 13:50:32 on 06130/2013 under Order No.4771304194 1 which expires on 07h 112013, and is not for resale. Usor Notes: (1314222409) § 3.1.3 Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. § 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. § 3.2IXTERMIETATiOX OR CORRECTION OF BIDDING DOCUMENTS § 3.2.1 The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered § 3.2.2 Bidders and Sub -bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the dame for reompt of Bids. § 3.2.3 Interpretations, corrections and changes ofthe Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding and Bidders shall not rely upon them. § 3.3 SUBS ITtMONS § 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and duality to be met by any proposed saiastitution. § 3.3.2 No substitution will be considered prior to receipt of Bids unless written request fur approval leas beer received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete desmon of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other pardons of the Work, including changes in the work of other contracts that mcorparation ofthe proposed substitution would require, shall be included. The burden ofproof ofthe merit of the proposed substitution is upon the proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be inial. § 3.3.3 If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner. § MA No substitutions will be considered after the Contract award unless specifically provided far in the Contract Documents. § 3.1, ADDERM § 3A,1 Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents. § 3.42 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. § 3.4.3 Addenda will be issued no later than four days prior to the date far receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. § MA Each Bidder shall ascertain prior to submitting a Bid that ihe Bidder has received all Addenda issued, and the Bidder shall acknowiedge their receipt in the Bid. ARTICLE 4 B[DDIRG PROCEDURES § 4.1 PREPARATIOW OF BIDS § 4.1.1 Bids shall be submitted an the forms included with the Bidding Documents. AIA Document A701 TO —1997. Copyright 01870,1974,1978,1967 and 1997 by The American koftne ofArchhOcts. N rWft reeerrved. rM +:INN'G: TYLa AVP r ou,niant is pr --a-d Lry U.S.Cc, ;tm eh` ;i -,Ie In,.y :tka I J r,[ »3e WouthartxC A:---.VL-'LGU- n orontri Al-,ji eiTIMI!1is ,? Doc wt!'4 :Ot'( % r_wr:.r«* This document war produced by AIA scftmro at 13:50:32 on 05f90M3 under Order NoA771304194 1 which S*M on 07MI/2013, and ie not for resale. User Notes: (1314222409) § 4.1.2 All blanks on the bid farm shall be legibly executed in a non -erasable medium. § 4.1.3 Sums shall be expressed in both wards and figures. In case of discrepancy, the amount written in wards shall govern- § 4.1.4 Imterlineations, alterations and erasures nutst be initialed by the signer of the Bid. 4.1.5 All requested Alternates shall be bid. If no change in the Base Bid is required, enter 'No Change." 4.1.6 Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder's refimW to accept award of less than the combination of Bids stipulated by the Bidder. The Bidder shall make no additional stipulations on the bid farm nor qualify the Bid in any other manner. § 4.1.7 Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction ofthe Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent's authority to bind the Bidder. § 4.2 BID SECURITY 4.2.1 Each Bid shall be accompanied by a bid seri y in the form and amount required if so stipulated in the Instructions to Bidders. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, ifrequdred, furnish bands covering the faithful performance ofthe Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to famish such bonds if requi red, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner f & to comply with Section 6.2. § 4.2.2 If a surety bond is required, it shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, and the attorney-in-fact who executes the bond an behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. § 4.2.3 The Owner will have the right to retain the bid secmity of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (e) all Bids have been rejected. 4.3 SUBMISSION OF BIDS 4.3.1 All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope.'The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate ming envelope with the notation "SEALED BID ENCLOSED" on the fiLce thereof. § 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. § 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. § 4.3A Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered. § 4.4 650DIFICATION OR YYITHDRAWAL OF BID § "I A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid. § 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted maybe modified or withdrawn by notice to the party receiving Bids at the place designated fur receipt of Bids. Such notice shall be in writing over the AIA poeument A701 w —1997. Copyright 01970,1974.1978.1987 and 1997 byThe American Institute of Archbots. All rights reserved. ? 'f w is ]G: Tu t .=Jed° t: au ::t :r: i� pro:tir k_' �Y �.5. Cepyrt ht + , r rd ins ns if. rr .I 5t tr s. U:t^utlsorizad reprcductian qr�:i-t"nrth : o' al + �. ° tte canon', ovany portion of ", m.t,t rwult t s .giver., r"oil r• r. r." ixlrrr ;.4an_:Ri.:a, sad r -r D ::- p:'ar rxutcd to t4e rr , _ire _f;n -int R= s;at tmr i r th _ [M-1. This documard was produced by AIA software el i 3;50:32 on 000/2013 under Order No.4771304194_1 which expires on 0711112013, and is not for resale. User Notes- (1314222409) signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time-stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so warded as not to reveal the amount of the original Bid. § 4.4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. § 4A.4 Bid security, if required, shall be in an amount sufficient for the Bid as resubmitted ARTICLE 5 CONSIDERATION OF BIDS § 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. § 51 REJECTION OF BIDS The Owner shall have The right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection. § 5.3 ACCEPTANCE OF BID (AWARD) § 5.3.1 It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has bem submitted in accordance with the requirements of the Bidding Documents and does not exceed the finds available, The Owner shall have the right to waive informalifies and irregularities in a Bid received and to accept the Bid which, in the Owner's judgment, is in the Owner's own best interests. 15.&2 The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST43I0 13FORMATION 16.1 CONTRACTOR'S QUALIFICATION STATEMENT Bidders to wham award of a Contact is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. § 6.2 OWNER'S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no lata than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor. 16.3 SUBMITTALS § 6.3.1 The Bidder shall, as soon =practicable or as stipulated in the Bidding Documents, after notification of selection fior the award of a Contrail, finish to the Owner through the Architect in writing- .1 a designation of the Work to be perkuned with the Bidder's own forces; .3 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and .3 names of persons or entities (including those who are to f unish materials or equipment fabricated to a special design) proposed for the principal portions of the Work. § 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and pwfbrm the Work described in the Bidding Documents. § 6.3.3 Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, ager due investigation, has reasonable objection to a person or eatity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option, (1) AIA Document A701?" 1087. Copyrlght®197D 1974 1978,1987 and 1997 byTha Amerknn Inabule of Ardrter4s. Al ft is nassrvsd � i X1.13: F n� Ie, F J.S Cap �h:r2 � € l"s rralionE iflrt: �. �' rar"rycti.d c_prr uc5lon err rr;:�9tr 301 of .hla 'A.LI.o Pow *�t�� cr cry Pert' an of 1% � nsell. €:c swxxu 0F+3 e.,A ce-nlnL F 3w .191 and *1S t�lI .'Fent ouJr 4! to the nx::!* V Irrr * rr: - t-yrs"R--- UM ',A�f. T h b doom ani was J produced byAlAsoRwam al 13;50:32 on Oti1 OM13 under Qrdw NoA771304194 1 which e0m on 0711112013, and h not for reaele. [her Nates: (1514222409) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited. 3 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFOM AECS BORD AKU FAVLEWT 00HI] 7.1 BOND REQUIM.]ENTS 7.1.1 If stipulated in the Bidding Documents, the Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder's usual sources. § 7.1.2 if the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bands is required after receipt of bids and before execution of the Contract, the cost of such bends shall be added to the Bid in determining the Contract Sum. § 7.1.3 If the Owner requires that bonds be secured from other than the Bidder's usual sources, changes in cost will be adjusted as provided in the Contract Documents. § 7.2 TILE OF DELIVERY ,"►lt'D FMA OF BORM f 7.21 The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract.*. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section 7.2.1. § 7.3.2 Unless otherwise provided, the bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum. f 7.2.3 The bonds shall be dated on or after the date of the Contract. § 7.2.4 The Bidder shall require the attorney-in-fact who executes the required bands on behalf of the surety to affix thereto a certified and current copy of the power of attorney. ARTICLE 8 FOM OF ACREELM'T BEN:EE111 Ol JIMER AND CORTRACTOR Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document A101, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment 1s a Stipulated Sum„ AIA Document A701 TM —1897. Copyright e i 970.1974.1978,1887 and 1987 by The American hatihde of Archlteels. All fthts roesrvsd r .i : : YIsEs:: ' cacum � Its Urw"t rt r u:tf to ar :_i +utt .r o`r I`you:n.,r.k, orarg* 13 rmc , :ir f . Tht documerd was produced by AIA software at 13•.50:32 on 05!3012013 under Order NoA771304194_1 which e) irev on 07M 0413, and is not for resale. User Notes; (1314222409) DOCUMENT 00 21 13 SUPPLEMENTARY INSTRUCTIONS The Supplementary Instructions to Bidders modify, delete, and/or add to the Instructions to Bidders. Where any article, paragraph, or subparagraph in the Instructions to Bidders is supplemented by one of the following articles, paragraphs, or subparagraphs, the provisions of such article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any article, paragraph, or subparagraph in the Instructions to Bidders is not supplemented, amended, voided, or superseded by any of the following articles, paragraphs, or subparagraphs, the provisions of such article, paragraph, or subparagraph not so amended, voided, or superseded shall remain in effect. ARTICLE 3 - BIDDING DOCUMENTS A. Delete Subparagraph 3.1.1 in its entirety, and substitute the foilowing: 3.1.1 Bidders and Sub -bidders may obtain complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids from the Issuing Office identified in the Request of Quotations. B. Delete Subparagraph 3.1.2 in its entirety. C. Delete Paragraph 3.3 in its entirety, and substitute the following: 3.3 SUBSTfRJTIONS 3.3.1 Materials, products, systems, and equipment shown and described in the Contract Documents establish a standard of design, function, and quality to be met by any proposed substitution. 3.3.2 When a single manufacturer of material, product, system, or equipment is specifically named and specified, no substitution will be allowed. 3.3.3 When more than 1 manufacturer of material, product, system, or equipment is listed under the same heading, choice of those listed shall be the Bidder's option. One manufacturer may be identified and specified as reference to establish a standard of design, function, and duality; and when another is considered, the Bidder before purchase or use shall be expected to submit such data as may be necessary to prove equivalency to that specified. Consideration for equivalency is subject to approval of the Architect as accepting minor and normal variations from that specified. Should any part of associated construction be changed because of substitute acceptance, such changes shall be outlined by the proposer and the cost of such changes shall be included as part of the work of accepted substitute. 3.3.4 Optional products, systems, and equipment will be considered in accordance with Section 0160 00, Paragraph 3.01. SUPPLEMENTARY INSTRUCTIONS © 2013 Stantec 1 193801917 00 21 13 -1 ARTICLE 4 - BIDDING PROCEDURE A. Delete Paragraph 4.2.1 in its entirety and substitute the following: 4.2.1 Each Bid must be accompanied by a Bid Security made payable to Owner in an amount of 5 percent of the Bidder's maximum Bid Price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of the General Conditions. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. B. Add Paragraph 4.3.1.1 as follows: 4.3.1.1 Each prospective Bidder is furnished 1 copy of the Bidding Documents with 1 separate unbound copy each of the Bid Form, and, if required, the Bid Bond. The unbound copy of the Bid f=orm is to be completed and submitted with the Bid Security. C. Delete Paragraph 4.4.1 in its entirety and substitute the following: 4.4.1 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 6 - POST -BID INFORMATION A. Add the following to Paragraph 6.1: If the Architect requests the submission of a Contractor's Qualification Statement, AIA Document A305, said document shall be submitted within ten (10) days of request. ARTICLE 7 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND A. Delete Paragraph 7.1.2 in its entirety and substitute the following: 7.1.2 The cost of bonds and insurance shall be included in the Bid. B. Delete Paragraph 7.2.1 in its entirety and substitute the following: 7.2.1 The Bidder shall deliver the required bonds to the Owner when the Bidder delivers the executed Agreement to the Owner. END OF DOCUMENT SUPPLEMENTARY INSTRUCTIONS © 2013 Stantec 1 193801917 002113-2 THIS BID IS SUBMI'T'TED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 SIDDER:Dlverse Construction Services, LLC DOCUMENT 00 4100 BID FORM PUBLIC WORKS FACILITY 2013 ROOF REPLACEMENT CITY PRO]ECr NO, 924 STANTEC PROJECT NO. 193801917 NEW HOPE, MINNESOTA 2013 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the farm 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 terns and conditions of the Biddinq Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the dLqxcsition 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 aqree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which Is hereby acknowledged: Addendum No, 1 719/13 7/17/13 B. Bidder has visited the Site and become familiar with and Is satisfied as to the general, local, and Site conditions that may affect cast, progress, and perfornance 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 a4 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 -4,05. 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 arry aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs Incident thereto. 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 price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. 2013 5tantec 1193801917 W 4100-1 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 Sian, 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 confess, 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 the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 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 tn law_ 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are Included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions Bidder 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. Itero Units Qty Total Price LUMP SUM WD ITEMS: MATERIALS AND LABOR NECESSARY TO COMPLETE THE SCOPE OF WORK DEFINED IN THE PROJECT LS SPECIFICATIONS AND DRAWINGS $ 62,246.00 Q 2013 Stantec 1193801917 00 9190-2 BID FORM 6.01 Bidder agrem that the Work will be Substantially Completed and completed and ready for Final Payment In accordance with Paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.42 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 farm of 5 percent. 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: An Individual Name (typed or printed): By: Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: — Fax No.: OEM 0 2013 Stantac 1193801917 004100-3 BED FORM A Partnership !If�61 M. Partnership Name: By: —. - - (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: corporation Name: Diverse Construction Servigm) LLC State of Incorporation: M; n n a a nt a _ Type (General Business, Professional, Service, Limited Liahiky): LLC By: (Signature) Name (typed or printed): Title: Atfiest (CORPORATE SEAL) (Signatu of orate Secretary) Business Street Address (No P.O. Box #s): ® 2013 Sterftc 1193801917 004100-4 BID FOPM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: (Signature of joint venture partner) Phone No.: Fax No.: Joint Venturer Nance: By: (Signature) Name (typed or printed): Tide., Business Street Address (No P.O. Box #'s): Phone No,: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 0 2013 5t nbac 1193WI917 004100-5 BID . OHIO FARMERS INSURANCE COMPANY Westfield Group® 1 Park Circle, P O Box 5001, Westrield Center, Ohio 44251-5001 Bid Bond CONTRACTOR: (Name, legal status and address) Diverse Construction Services LLC 82 - 38th Avenue NE Columbia Heights, MN 55421 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Document A310Tm — 2010 SURETY: (Name, legal status and principal place of business) OHIO FARMERS INSURANCE COMPANY 1 Park Circle, PO Box 5001 Westfield Center, OH 44251-5001 BOND AMOUNT:Five Percent of Bid Amount ---- ------------------(5%}--------- -� PROJECT: (Name, location or address, and Pro''�ct number, if ar�y) City of New Hope Public Works Facility 2013 Roof Replacement 5500 International Parkway New Hope, MN 55428 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, notto 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 ((30) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision 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 and sealed this 25th day of July .1 2013 Dive a onstr t on ice C /I/ - (Fwn 'p) I (Sea/) B: CA— Vi, /�" — David R: Schmeichel. President (Title) OHIO FARMERS INSURANCE COMPANY (Surety) (See/) By: Ul / M - 7641)b _ Anita M. Ficker, Attorney -In -Fact (Title) Document A3101 – 2010. Printed in cooperation with The American Institute of Architects (AlA) by Westfield Group. Westfield Group vouches that the language in the document conforms exactly to the language used in AIA Document A310Tm 2010. BD5084 OFWWN (07110) STATE OF MINNESOTA COUNTY OF ANOKA On the 25th day of July 2013 , before me, personally appeared David R. Schmelchel , to me known, who being by me duly sworn, did depose and say that (s)he resides in Rogers, MN , that (s) he is the president of Diverse Construction Services,LLC the corpora ion escri a in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order. (Notarial Seal) STATE OF MINNESOTA COUNTY OF STEARNS I U4�� (Notary Signature) .On the 25th day of July , 2013 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the Ohio Farmers Insurance Company , a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation_ UEWM ANN ANDERSt #MWWpUgW-M9M0TA 1y CHIN 69 hK.81.2W (NOTARIAL Seal) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER 4� AND ISSUED PRIOR TO 12127110, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2260812 09 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Ohio Know All Men by These Presets That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Com any" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in We0leld Center, Medina County, Ohio, do by these presents make, constitute and appoint MARK A. GRESSER, ANITA M. FICKER, CHRISTINA GRESSER, STACEY QUINN GOHL, JOINTLY OR SEVERALLY of WAITE PARK and State of MN its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE 990IN—TE, OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as If Such bonds were signed by the President, sealed with the corporate seal of the applicable Company and du attested by its Secretary, hereby ratifying and confirming all thatthe said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomay(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver. any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached," (Each adopted at a meeting held on February B, 2000), in Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of DECEMBER A.D., 2010 M LIIIP,bk, Ibly Corporate .gyp �,� ��L7Aly�•,� WESTFIELD INSURANCE COMPANY seals q.••- ..'�, r`'4.•• ••.ysG•.,WESTFIELD NATIONAL INSURANCE COMPANY Affixed �%J .�+ a ; o. -.p •'•' OHIO FARMERS INSURANCE COMPANY SEAL :M: van ff 1k, 0. V. yc—�� " By: State of Ohio 1,11„1Dennis P. Baus, National Surety Leader and County of Medina ss.; Senior Executive On this 27th day of DECEMBER A.D., 2010 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohlo; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial 1•M ' M � Seal pl A E S, Affixed 1f// • William J. Kahelin, A rney at Law, Notary Public State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina r ss.: y te OF � 1, Frank A. Canino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 75th day of July A,Q.,_2013 i -w.. �v�y tyc�raAL �ti'•.-� Ir# d, •., s� ,..... ,i� M7ti1M.Lr ,�; SEAL 1848 �1 •,'I/.,.111 � 151,...• •Ni1•I,r,PNr BPOAC2 (combined) (06.02) t sssrreary Frank A. Carrino, Secretary #AIA Document A101"- 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Fifteenth day of August in the year Two Thousand Thirteen (7n words, indicate day, month acrd year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its ('Name, legal status, address and other ircformation) completion. The author may also have revised the text of the original City of New Hope AIA standard form. AnAdddfons and 4401 Xylan Avenue North Deletions Report that notes added "New Hope, '-VIN 55428-4898 information as well as revisions to the Telephone Number: 763-531-5100 standard form text is available from Fax Number: 763-531-5136 the author and should be reviewed. A vertical line in the left margin of this and the Contractor: document indicates where the author (Nance, legal status, address and other information) has added necessary information and where the author has added to or Diverse Construction Services, lff. &( . . . deleted from the original AIA te)t. 82 38th Avenue NE This document has important lega; Columbia Heights, MN consequences_ Consultation with an Telephone Number: 763-205-1476 attorney is encouraged with respect Fax Number: , 63-205-1665 to its completion or modiFcatton. for the following Project: ALA Document A201 T"-2007. (Name, location and detailed description) General Conditions of the Contract for Construction, is adopted in this Public Works Facility 2013 Roof Replacement � document by reference Do not use with other general conditions unless City Project No. 9241 this document is modified. The Architect: (Name, legal status, address and other information) Stantec Consulting Services Inc. 2335 W. Highway 36 St. Paul, MN 55113 Telephone Number: 651-636-4600 Fax Number: 651-636-1311 The Owner and Contractor agree as follows. AIA Document A101" —2007. Copyright* 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1967. 1974, 1977, 1987, 1991, 9997 and 2007 by The American Init Institute Of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Al a Document, or any portion of It, may result In severe civil and criminal penalUes, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 00:55:06 on 08!20!2013 under Order No.5637092999_9 which expires on 07110=14, and Is not for resale. User Notes: (826898739) TABLE OF ARTICLES THE CONTRACT DOCUMENTS THE WORK OF THIS CONTRACT DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM PAYMENTS DISPUTE RESOLUTION TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions). Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of ibis .agreement. all of which form the Contract, and are as full- a part of the Contract as if attached to this Agreemeti: or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a :Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fulIS execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility- of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this kueement unless a different date is stated below or prm ision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of'this Agreement or, of applicable, state that the date will be fixed in a notice to proceed) If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests. the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than { ) days from the date of commencement, or as follows: (Insert number of calendar dads Alternattvely, a calendar date may he used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than September 27, 2013. AIA Document A1011" —2007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1987, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Inst. Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced byAJA sef ware at 09:55:06 on 08/20/2013 under Order No.5637092999_1 which expires on 0711012014, and Is not for resale. User Notes: (826898739) Portion of Work Final Completion Date October 11, 2013 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus pavments for early completion of the Work) Liquidated damages shall be $500.00 per day starting Monday, October 14.. 2013. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Sixty-two Thousand Two Hundred Forty-six Dollars and Zero Cents (S 62,246.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date ti *en that amount expires) § 4.3 Unit prices, if any: {Identify and state the unit price; state quantity limitations, if arty, to which the unit price will be applicable.) item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any. (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § S. 1.3 Provided that an Application for Payment is received by the Architect not later than the Tenth day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the Tenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment lsithin a certain period of time) § 6.1 .4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. AIA Document A101 TM —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severs civil and criminal penalties, and will be prosecuted to the I maximum extent possible under the law. This document was produced by AIA software at 09:55:06 on 08/2012013 under Order No.5637092999_1 which exp!res on 07110/2014, and Is not for resale. User Notes: (8268913739) § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents. the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by- the share of the Contract Sum allocatedto that portion of the Work in the schedule of values. less retainage of Five percent ( 5.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A-7 0 ITK�21 007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00 %); .3 Subtract the aggregate of previous payments made by the ONvmer. and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A_0I-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be fin-dmer modified under the following circumstances: Add, upon Substantial Completion of the Work. a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of.41A Document. X4201—?00" requires release of applicable retainage upon Substantial Completion of Work with consent oj'strren% %fang.) Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantial Completion of the entire 1l ori. to reduce or limit the retahwge resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.7 above.. and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1,9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site, § 5.2 FINAL PAYMENT § 5.2.1 Final payment. constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document. -U01-20071, and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment has been issued by the Architect. § 5.2,2 The Owner's final payment to the Contractor shall be made no Later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as initial Decision Maker. AIA Document A101'- —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1901, 1953, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this A10 Document, or any portion of K, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA soNars at 09:55:08 on 08!2012013 under Order No.5637092999_1 which expires on 07110/2014, and is not for resale. User Notes: (825898739) (!f the parties mutually agree insert the name, address and other contact information of the Inifial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A203-2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Ocaner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article I4 of AIA Document. A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A2012007. ARTICLES MISCELLANEOUS PROVISIONS § S,1 NYIere reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other proNisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if awry.) § 8.3 The Owner's representative: (Name, address and other information) 4401 Xylon Avenue North New Hope, NIS' 55428-4898 § 8.4 The Contractor's representative: (Name, address and other information) AIA Document Ai 01 T —2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by US. Copyright Law and Nit national Treaties. Unauthorized reproduction or distribution of this AIA! Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 5 maximum extent possible under the law. This document was produced by AIA software at 09:55:06 on 08!2012013 under Order No.5637092999_1 which expires on 071110PZ014, and is not for resale. User Notes: (8268987391, § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101-2007.. Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this _3greentent.; Title of Specifications exhibit: Project Manual for Public Works Facility 2013 Roof Replacement. Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this _4greememt.) Title of Drawings exhibit: Project Manual for Public Works Facility 2013 Roof Replacement. Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages 1 July 8, 2012 2 2 July 17, 2012 4 Portions of Addenda relating to !ridding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: AIA Document E2017u-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: AIA Document A1011 —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA! Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA! Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum rodent possible under the law, This document was produced by AIA software at 09:55:00 on 08120!2013 under Order No.5637092999_1 which expires on 0711012014, and Is not for resale. User Notes: (826898739) a ist here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-200 7provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement They should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insuriace and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liabiliol for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) Th's Agreement entered into as of the day and year first wri ; R nR �AAII L' Frr->(Printed name and title) KIRK MCDONAL® CITY MANAGER 4401 XYLAN AVE NO .` NEIN HOPE MN 55428 763-531-5100 763-531-5136 AIA Document A10171 — 2007. Copyright G' 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977. 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA! Document is protected try U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or distribution of this AIA! Document, or any portion of It, may result In severe civil and criminal pennitles, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 09:55:05 on 08120/2013 under Order No.5837092999_1 which expires on 07110=14, and Is not for resale. User Notes: (826898739) Bond 00486767 *--A1A Document A312"- 2010 Performance Bund CONTRACTOR: SE1RlETY: (Waste, le,+,al staters acrd an"ss) (Naw. &VWstams and principal place LA—X, o, f It�Ti�ess) ADDITI©N.4 AND Z1rc�Tl�Iii: Diverse Construction Services, fie. Ohio Farmers Insurance Company p Y &"Tim d wol � lids raoddomoaalt has added btfetaNaft aeedei tar qs 82 3811; Avtle NE 1 Park Circle, PO Box 5001 cerrWkilon. The auttwmyaUe Columbia Heights, MN Westfield Center, OH 44251-5001 has reared Me tent alae ertairlat @wriER: aft a AIA stwodard fasts. AnAdlfland (N[mae, legal stunts and ad*=) rn Repot l at Hetes added kiftnm*m so a City of New 110pe standard ffom text is availsde from 4401 Xylm Avenue North the author and should be tar W*vd. A New HoM MN 55428-4898 ver tical one in the left mavn of tills draoufne d indicat46 where the author CONSTRICTION CONTRACT has added necessary kdoriftogm Date: Augtlit 15, 2013 ants where the 1111mar has attdatYto or Amount: $ $62,246.00 ddetad frau the original NA teat. Desm ipticn. This docurrrent has impoW tepal (Name and lncarion) C with an public Works Facility 2013 Roof Replacement I @W aspormullakm d attcrr�y � ��� with �� affornt y Is enc City Aro3ect �'a 924 to lta compiatim or madRcetion. BOND Artsrafnpular reference to Contractor. Date: August 21, 2013 surety, owner or other pang atter be (Nor earlier than Consrtwdon Cantraci Date) coarleldered plural where applicable. Amount: S Sixty-two Thousand Two Hundred Fo -six Dollars and Zero Cents [$62,246.00) Modifications to this Bond: 0 None M$ee Section 16 CONTRACTO P IP SURETY company: C e ) patty: (Corpotvte Seal) Diverse C ru ti n c s, C. Ohi Fors Insurance Company r Signature: Si�gnatum: Name and David R. Schmeichel Han10 a'd Anita M. Ficker Title: President Title: Attorney -In -Fact (Any adrttlional signatures dear on the last page of this Performance Bond) (TIOR TNFORMA77ON ONLY — Name, ad& ws and taleplmne) AGENT er BROKER: OWNER% REPRESENTATIVE: (Arch Ito.1. Engimer ar other parry.) Charles Allen Agency, Inc. City of New Hope 4 13th Avenue North 4401 Xyion Avcaue North Waite Park, MN 56387 New Hope, MN 55428-4898 763-531-5100 763-531-66100 Ndt. ATA Desunnist A312" — 2010 TerleMNOW Ilsn 1. The Amede rl MOM afArehiieds. AN rllitlN.s reserved. WARNING: This A10 6ocurnent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrlbuUon of this AIA° Document, or any portion or it, may result In severe droll and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This deewwrdwas produced by AfAsaRwere at 1 10:02:15 an Oa521=113 under Order Ne.5i3701i S" 1 which ez$6es an 07111112014, sad is riot tsar resale. that Nsb m (125N3"" § 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 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 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 Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Oyyner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perforin 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 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 Section 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 Section 3, the Surety shall promptly and at the Surety's expense take arae 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,% ith the Oyvner'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 Oyymr the amount of damages as described in Section 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: .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 .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § $ 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 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 Section 5.4, and the Oyy mer 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. AIA Document A312'"' - 2010 Performance Bond. The American Inatltute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by unit. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document or amr portion of It, max result in 2 severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced byAlA software at 09:21:27 on CSI16I2013 under Order No.5637092999_1 which expires on 0711012014. and is not far resale. User Notes: (791631143) § 7 If the Surety elects to act under Section 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 raider 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 the Contractor for correction of defective work and completion of the Construction Contract; .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 Section 5; and .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 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 of action sball accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 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 «:thin 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 prrn-isions 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 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 Daflnitlons § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor ander the Construction Contract after all proper adjustments have been made, including allovemnce 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 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 AIA Document A31270-2010 Performance Bond. The American InsMute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by Ink. U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:21:27 on 0811612013 under Order No.5837092999_1 which expires on 07110/2014, and is not for resale. User Notes: (791831143) § 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: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: name and Title: Address: Signature: Name and Title: Address: AIA Document A3127e — 2010 Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by [DR• U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:21:27 on 08!15/2013 under Order No.5637092999_1 which expires on 0711012014, and is not for resale. User Notes: (791831143) STATE OF MINNESOTA COUNTY OF ANOKA On the 21st day of August , 2013 , before me, personally appeared ,to me known, who being by me duly sworn, did depose and say that (s)he resides in Rogers, MN , that (s)he is the David R. Schmeichel of Diverse Construction Services LLC the corporation clescrinea in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation.; and that (s)he signed his/her name thereto by like order. iFRESA M ULLEM VARY PUBLIC-MINKESM z WCOMMISMEXPIRES61410% (Notarial. Seal) STATE OF MINNESOTA COUNTY OF STEARNS LmIaTf�' (Notary Signature) On the 21st day of August , 2013 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the Ohio Farmers Insurance Company , a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation. AM ANDS IIdfMNll�.fC • 11M1116�R11 �WIN 1 11 1tesifi3i�1111 (NOTARIAL Seal) / THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 12/27110, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney POWER NO. 2260812 09 Westfield Insurance Co. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint MARK A. GRESSER ANITA M. FICKER, CHRISTINA GRESSER, STACEY QUINN GOHL, JOINTLY OR SEVERALLY of WAITE PARK and State o' MN its true and lawful Attarney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship. . .. . ... .. .. . .. . . .. . . ... . . . . . .. . .. . . . . .. .. .. .. . . . . . . .. .. .. . . . . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE UUXWA=, OR SANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal pof the applicable remises. Said appointment and dulxyyy attested by its under and yySecretary, herebyratifyinof the ggg and confirming all that the said Attorneys) -In -Fad may do in WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONALINSURANCERA CE COMPANY and OHIO FAresolution RMEed R INSURANCE the Board fCOMPANYDirectors of each of the "Be It Resolved that the President. ary Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogmzances. contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by an,y such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February B, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of DECEMBER A.D., 2010 , Corporate sy 4 ,...;10NAlk �tiS, WESTFIELD INSURANCE COMPANY Seals U. P d` ov P * r �:''' tiG : WESTFIELD NATIONAL INSURANCE COMPANY Affixed �' r'" �, - o. •�'_ OHI FARMERS INSURANCE COMPANY !� SEAL ''! Y *,'a;•, a:a'� 1840 JCC/ State of Ohio -- "'•'*""'```, "'""""`rte ByDennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of DECEMBER A.D., 2010 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like or er. NotarialSeal „w , Affixed 4P, d4 S • William J. Kahelin, A rney at Law, Notary Public State of OhiowA • ��o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: riraF� I, Frank A. Canino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out ir, the Power of Attorney are in full force and effect. fn Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 21St day of August, 'x_2013 SEM ? ,v: SL' AL BPOAC2 (combined) (06-02) +i���s S�RTRRp� `'6 18413 Frank A. Canino, Secretary ?'`IA Document A312"- 2410 Parinnt Bance CONM00R: (Naive, legid stance atfd addms) "-C- Diverse Constrttetion Services, 82 38th Avenue NC Columbia Heights, MN OMEI : (Name, legal stat -us and addt+ess) City ofNew Hope 4401 Xylon Avenue North Ncw Hopc, MN 554284898 SURETY. (Nasse, legd stains ane'} jxyttcjpef place Af business) Ohio Farmers Insurance Company 1 Park Circle, PO Box 5001 Westfield Center, OH 44251-5001 CONSTRUCTION CONTRACT Date: Ault 15, 2013 Ameunt: $ $62,246.00 Descriptim: (Axone and location) Public Works Facility 2013 Roof Replacement City Project No. 924 BOND Date: August 21, 2013 (Not earlier than Construction Contract Date) Bond #0486767 AIiBlTt = AND DEt$Tt®IY3: The author of this document has added Information needed for Ile compietion. The author may also ham revised We 11" of be 6101st M steridard term. An AddWns and batethans Report that meta added Informatien as well as revisions tafhe standard form text is ovanable from the slather and should be revifted. A vedesil line in the kA maVk of O'k document Indicates Merethe author has added necessary intormeflon and where the author has added to or delated ftm the oligilnel AIA text. This document has Irr ortanl ingot consequences. Constalation with an attemay is encouraged will respect to Its completion or modes onion. Any atrrgular reference to Contractor, Surety, Owner or other party shall be considered phren where applicable. Amount: S Sixty-two Thousand Two Hundred Forty-six Dollars and Zero Cents ($62,246.00) Mo&-fications to this Bond: � None =See Section 18 CON ASWel URETY Cotta( ompany (Corpwnte sell) Diverse o trG Ohl arm rs Inn Co p ny Signstum:ignature:NameandDa id ame and Anita M. Ficker Title: President Title: Attorney -In -Fact (Any additiarrcrl signanu•es gvpear on the last poAv of This Pavnxnf Road.} (FOR NFORMAnON ONLY--- Manic, address and telephone) AGENT or BROKEN: OWNER1 REPRESENTATIVE: Charles AllenAgency, Inc. (4rchitect, Ensineer or adherparty:j 4 13th Avenue North City of New Hope4401 Xylon Avenue North Waite Park, MN 56387 New Hope, MN 55428-4898 320-252-1702 763-531-5100 Inst.PdA Morument A�72T�' zei a Isayrirsat nand. Che American entlarle el Arcci Nles_ ilii d# is mwvod ARN ING: This AIA Document is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Dacument, or any portion or It, may result in 1 severe civil and criminal penalties, and will he prosecuted to the maximum extent passMa under the law. This documerdwas produced byAlA soaware at i 09:59:17 on 0=012013 under Order NQM37092949 1 which expires a10711012014. and Is not lar resale. Us" Nelms: (146411=128) § 1 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 Iabor, 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. § 3 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 Section 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 Section 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, .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 .2 have sent a Claim 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 Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 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 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 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 Section 7.1 or Section 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, lf, however, the Surety- fails to discharge its obligations under Section 7.1 or Section 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 Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 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 famishing 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. lnR. AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. Ali rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Lahr and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In 2 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was prodiced by AIA sultware at 09:14:10 on 08118,12013 under Order No.5637092999_1 which expires on 0711012014, and is not for resale. User Notes: (1447573845) § 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. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is locatedor after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or ser-6ce w -as performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law-, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims 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. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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 andprovisions 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. § 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 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done. or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor. materials or equipment furnished as of the date ofthe Claim; .7 the total amount of previous payments received by the Claimant: and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim_ § 16.2 Claimant. An individual or entity haying a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction. Contract. The team Claimant also includes any individual or entity- that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the rea': property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the 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. § 16.3 Construction Contract. The agreement 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. AIA Document A312TM — 2010 payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA! Document Is protected by IDR• U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of this AI0 Document, or any portion of It, may result In 3 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAL4softwars at 09:14:10 on 08/18/2013 under Order No.5637092999 1 which expires on 0711012014, and is not for resale. User Notes: (1447573845) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Compa113: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: IeR. AIA Document A312TM — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA! Document Is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In 4 severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA so+twere a: t 09:14:10 on 0811 612 0 1 3 under Order No.5637092999_1 which expires on 0711012014, and is not for resale. User Notes: (1447573845) STATE OF MINNESOTA COUNTY OF ANOKA On the 21st day of August 2013 , before me, personally appeared ,to me known, who being by me duly sworn, did depose and say that (s)he resides in Rogers, MN , that (s) he is the Davie! R. Schmeichel of Diverse Construction Services LLC the corporation descrined in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order_ TERESA M ULLEVIG tiliRYPUBUC-MmNWA WCOWW E10'IREs OtIBtrM ( Notarial Seal) STATE OF MINNESOTA COUNTY OF STEARNS (Notary Signature) On the 21st day of August , 2013 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the Ohio Farmers Insurance Company , a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation_ W DERSONNNESOTAan. 31, 2017 ( NOTARIAL Seal) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SANTE POWER # AND ISSUED PRIOR TO 12/27110, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2260612 09 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men b These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies,' duly organized and existing under the Taws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio. do by these presents make, constitute and appoint MARK A. GRESSER, ANITA M. FICKER, CHRISTINA GRESSER, STACEY QUINN GOHL, JOINTLY OR SEVERALLY of WAITE PARK and State of MNits true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognisances, undertakings, or other instruments or contracts of suretyship• - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE COARMTEE OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate sealpof the applicable Company and dulpointment is maly attested by itsunder andy Secretatyry, hereby ratifying and confirming all tKaat the said Attorneys) -in -Fact may do in theWESTFIELD INSURANSaid CES COMPANY, WESTFIELD NATIONAL INSURANCE COMPAof the NY and OI resolution HIO FARMERS INSURA CEadted by the Boardf COMDirePANYrs �f each of the "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney. -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bods, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and ary and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by an,y such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile. and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of DECEMBER A.D., 2010 . Cor rate ,,,,.. ... •.., ter.,....,, P° sY Stoelfu� WESTFIELD INSURANCE COMPANY seals �,,...... #, •,••`�;•.• •••••-. ydG;:`+ ,.. WE NATIONAL INSURANCE COMPANY Affixedr�r�rrtt .So- /►� =$._ �s OHI FARMERS INSURANCE COMPANY ,alp l�+� SEAL Im 1nit ; : 1848 0. State of Ohio will ... By: Dennis P. Baur, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of DECEMBER A.D., 2010 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE CDMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal + A L Affixed r" • William J. Kahelin, A rney at Law. Notary Public State of Ohio d+A • i� `p My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.; q d� riot'° 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness �W,h�ereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 21St day of August .":"..- :2013 �'�n'u':: �.::� BPOAC2 (combined) (06-02) i:•• 1648 ; S�crsrary • e, r Frank A. Carrino, Secretary -L, -;MA - k Document A20'!'" — 2007 General Condfficis elf Me Can tmcf for Cons ue cin for the fallowing PROJECT: (Name and location or address) Public Warks Facility 2013 Roof Replacement City Project No. 924 THE Ong ER: (Name, legal status and address) City of New Hope 4401 Xyloa Avenue North New Hope, NN 55428-4898 THE ARCHITECT: (Name, legal status and address) Stantec Comp dtiog Services Inc. 2335 W. Highway 36 St. Paul, NIN 55113 I GENERAL PROVISIONS K=►I•; �� i;i i• 4 ARCHrfECT 5 SUBCONTRACTORS S CONSTRUCTION BY OIfINSt OR BY SEPARATE CONTRACTORS t CHANGES IN THE WORK TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF YORK 13 MISCELLANEOUS PROVISMS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAMS AND DISPUTES ADDITIOwS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text or the original AIA standard form. An Addf7iorls and DeMbne Report that notes added Information as wail as revlslons to the standard form text Is available from the author and should be reviewed. A vertical line in the lett margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the aminal AIA text. This document has important legal consequences. Consultation with an attorney Is encouraged with respect toile completion or mceftation. Ink AIA Dowmard A261*a — 2007. Copyright A 1911,1915,1916.1925,1937,1951,1958,1961,IM. 1968,1970,19716.1967,1897 and 2007 by The American Mstituts of Paailleela. All rightsrrearvad. { � x a: Tnia J N' 3oast : Km Y.aroduotion or .tib ani m c' e[i+ 10, ..,X2 t crr it [.Z, :;9 t ffluInurn ^De7lble ur-ti dr C-1 ps[-:. This doaumard was produced by AIA aedlwaro at 14..06:09 on 0=013 under Order No.4771304184_i which expires on 0711112018, and is not for resale. User Notes: Isk'"A• )1545 INREK (Topics and numbers in bald are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3,12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1,12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8,13.42,13.7,14.1, 15.2 Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Additional Inspections and Testing 9.4.2,9.83,12.2.1,13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 Administration of the Contract 3.1.3,4.2,9.4,9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1,11.3.1.1 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, 11.1.3 Approvals 2.1.1,2.2.2,2.4,3.1.3,3.10.2, 3.12.8, 3.12.9, 3.12. 10, 4.2.7, 9.3.2,13.5.1 Arbitration 8.3.1, 11.3.10, 13.1.1, 15.3.2,15A ARCEMCT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1,3.12.7,4.1,4.2,5.2,6.3,7.1.2,7.3.7,7.4,9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2,4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.3,9.6A, 15.1.3,15.2 Architect's Additional Services and Expenses 2.4. 1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 3.1.3,4.2,3.7.4,15.:. 9.4.1, 9.5 Architect's Approvals 2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's 's Copyright 1.1.7,1.5 Architect's Decisions 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, 7.3.7,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 13.5.2,15.2,15.3 Architect's Inspections 3.7.4, 4.22, 42.9, 9.4.2, 9.8.3, 9.9.2,9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4-2.6,4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2,1.5, 3.1.3, 3.2.2, 3.2,3, 3.2.4, 33.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3. 12, 3.16, 3.18, 4.1.2,4.1.3,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5, 9.7, 9.8, 9.9,10.2.6,10.3,113.7,12,13.4.2,13.5,15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 103.1 Attorneys' Fees 3.18.1, 9.10.2,10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Bask Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2,15.4.1 Boger and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7,9.10.3,11.3.9, IIA Building Permit 3.7.1 AIA Document A20110 — 2007. Copyright ®1911,1915, 1918, 1925, 1937, 1951 1959 1961,1963,1986 1970,1976 1987,1987 and 2007 by The American Incl: tnsUhft of Architects. As rights reserved , ,, 1f'3; Capitaltration 1.3 Certificate of Substantial Completion 9.8.3.9.8A, 9,8.5 Certificates for Payment 4.11,4.2.5,4.2.9, 9.3.3, 9A, 9.5, 9.6.1, 9.6.6, 9.7, 9.141,9.10.3,14.1.13,14.2.4,15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Ceatfflcates of Insurance 9.10.2,11.1.3 Chnage Orders 1.1.1,2.4.1,3.4.2,3.7.4,3.8.2.3,3.11.1,3.12.8,4.2.8, 5.2.3,7.1.2,7.1.3,7.2,7.3.2,7.3.6,7.3.9.7.3.10,8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.1,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,93.1.1, 11.3.9 Clam, Definition of 15.1.1 CLAIMS AND DISPUTES 3.2.4,6.1.1,6.3,7.3.9,93.3,9.10.4,10.3.3,15,15.4 Claims and Timely Assertion of Claims 15.41 Claims for Additianal Cost 3.2.4,3.7.4,6.1.1,7.3.9,10.3.2,15,1.4 Claims for Additional Time 3.2.4, 3.7.46.1.1, 8.3.2,10.3.2,15,1.5 Concealed or Unknown Conditions, Claims for 3.7A Claims for Damages 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7,103.3, 11.1.1, 113.5,11.3.7,14.1.3,14.2.4,15.1.6 Claims Subject to Arbitration 15.3.1, 15.4.1 Cleaning Up 3.15, 6.3 Caanmencement of the Worley Conditions Relating to 2.2.1, 3.2.2, 3 A. 1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2-2,8.1.2,81J, 8.3.1,11.1,11.3.1,11.3.6,11.4.1, 15.1.4 Commencement of the Work, Definition of 8.1.2 Communications FacMtadng Contract Administration 3.9.1,4.0 Completion, Conditions Relating to 3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,9.9.1, 9.10, 12.2, 13.7, 14.12 C011fiPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.103, 12.2, 13.7 Cocopliance with Laws 1.6.1,3.2.3,3.6,3.7,3.12.10,3.13,4.1.1,9.6A 10.2.2, 11.1, 11.3,13.1,13.4, 13.5.1,13.5.2,13.6,14.1.1, 14.2.1-3, 15.2.8,15.4-2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3,11.3.1, 13.2, 13.4.2,15.4.4.2 Consolidation or Joinder 1SAA CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Ckange Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 73, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.122, 6.1.3, 15.1.5.2 Contingent Assignment of Subcontracts SA, 14.2.2.2 Continuing Contract Performance 15.13 Contract, Definition of 1.1.2 CONTRACT, TERl 3- NATION OR SUSPENSION OF T SALI,11.3.9,14 Contract Administration 3.1.3,4, 9.4, 9.5 Centrad Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 53 Contract Documents, Definition of 1.1.1 Contract Sum 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7,10.3.2,11.3.1,14.2.4,14.3.2,15.1.4,15.2.5 Contract Sum, Definition of 9.1 Contract Time 3.7.4, 3.7.5, 3.10.2, 52.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 103.2,12.1.I,14.3.2, 15.1.5.1,15.2.5 Contract Time, Definition of 8.L1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Init. AIA Document A201= — 2007. Copyright 01811,1916,1918,1925,1937,1951.1956,1961,1963,1988.1970, 1978, 1987, 1997 and 2007 by The American an of Archliscts. All r =art t � tJ w cc 7 -h. - �d '.� rnatf-a 1 Yrr.a to 4 , _horized :JPwC : -tla:j mrE [_st,::u-ilon oft :il A#!! t-,euns:. orae.= pvargaaa r,-114 woy i:: sz_•arr, CM: L.Ad ue...1.A, . r. las, an r tli 7%, rx:�c,rt• G �L'�c 3 f l :7 3 sena f-3r:t r t V'Vc =6ijrthe It 4 m +. This docu mA was produced byAIA safaffi a at 14:08:09 on 05i3QrY013 under Order NoA771304194 1 which expires on 07111@013, end is not fm mW,. User Notes: fB2747"RA1 Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7,14.1,14.2.1.1 Contractor's iLiabllity insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.182, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8 Contractor's Relationsbip with the Architect 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 6.2.2, 7,8.3.1.9.Z 9.3, 9.4, 9.5, 9.7, 9.8, 9.9,10.2.6, 10.3, 11.3.7,12,13.5,15.1.2,15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10,3.11,3.12.4,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 9.8.3, 9.9.1, 9.102, 9.10.3,11.1.3,11.42 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14,15.1.3 Contractual LiOffrty Insurance 11.1.1.8,11.2 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copmgbts 1.5, 3.17 Correction of Work 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Casts 2.4.1,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1, 6.2.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2,10.3.2,10.3.6,11.3, 12.1.2,12.2.1,12.2.4,13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 947, 10.3.3, 11.1.1, 11.3.5,11.3.7,14.1.3. 14.2A, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commiencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1A Decisions of the Architect 333, 4.2.6,4.2.7,4.2.11,4.Z 12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2,14.2.2,14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming WorX Acceptance, Rejection and Correction of 2.3.1,2.4.1,3.5,4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4,12.2.1 Definitions 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2,3.7.4,5.2.3,7.2.1, 7.3.1,7.4,8.3,9.5.1,9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Disputes 6.3, 7.3.9,15.1,15.2 Docmment8 and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2,15.1.4 Employees, Contractor's 3.3.2, 3.43, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials or 1.1.3,1.1.6,3.4,3.5,3.8.2, 3.8.3, 3.12, 3.13.1, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2. 1.2 AIA Document A20" — 2007. Copyright Ci 1911,1915,1918,192x,1937, 1951,1958,1981,1983, 1988,1970,1978,1987,1997 and 2007 by The American lnit. InstituEa of Architects. Wl rights served. C+ 3 a: 7Y a '-�' 113cuo:: , M is proms r: d ts+ U.S cnA' .;e :rt + r n ' _A-naitcnnl Tr � Ar & iinauthr.. --.e i 'i=ce-,kz9on or [ et sxt r f ei ! ' -tur-wmt, or Wim• ?.cr3on of 9, may ranult in err_ a W.'( Ad crtml-W !i -as ';f:)i% ,-nd l.1 F _ _:ecu<_f to th >nt pns ,T-, .ram •-th , .a _.. This document was produced by AIAsoRware at 14:08M on 0 513 012 0 1 3 under Order No.4774304194 1 which expires on 0711112013, and is not for resale. User Notes: (8274222881 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14,4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7,10.3.2, 10.4.1, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2,13.6,14.1.1.3,14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2,9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 17-3.1,14.2.4,14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2,14.1.1.4 Fire and Extended Coverage Insurance 113.1.1 GENERA!, PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4,10.3 Identscation of Subcontractors and Suppliers 5.2.1 l;ndemnilicadon 3.17, 3.18, 9.10.2, 103.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2,2.2,3.2.2,3.12.4,3.1210,6.1.3,6.1.4,6.2.5, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2,11.4,13.5.1, 13.5.2, 14.1.1 A, 14.1.4, 15.1.3 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14-2.2,14.2.4,15.11,15.2.2,15.2.3,15-2A 15.2.5 Initial Decision Maker, Extent of Authority 14.2.2,14.2.4,15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8,10.4.1 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2.9-8.3, 9.9.2, 9.10.1, 12.2.1. 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 82.2, 12,13.5.2 Ioshmments of Service, Definition of 1.1.7 Insurance 3.18.1,6.1.1,7.3.7,93.2,9.SA, 9.9.1,9.10.2,11 Insurance, Soffer and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2,11.1.2 Insurance, Lou of Use 113.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5,113 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 interest 13.6 interpretation 1.2.3, 1A, 4.1.1,5.1,6.1.2,15. 1.1 Interpretations, Written 4.2.11, 4.2.12,15.1.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3A, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2,6,4.2.7,5.2.1,6.11,7.3-7,9.3.2,9.3.3,9.5.1.3, 9.10.2,10.2.1, 10.2.4,14.2.1.1,14.2.1.2 Labor Disputes 83.1 laws and Regulations 15,3.2.3,3.6,3.7,3.12.10,3.13.1,4.1.1, 9.6.4,9.9.!, 10.2.2,11.1.1,11.3,13.1.1,13.4,13,5.1,13.5.2, 13.6.1,14,15.2.8,15.4 Liens 2.1.2,93.3,910-2,9-10A, 15.2.8 Limitations, Statutes of 12.2.5,13.7, 15.4.1.1 Limitations of Liability 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7,10.2.5,10-3.3,11.1.2, 11.2, 11.3.7, 12.2.5, 13.42 Limitations of Time 2.1.2,2.2,2.4,3.2.2,3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2,5.3.1,5.4.1,6.2.4,7.3,7,4,8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10,11.1.3,11.3.1.5, 11.3.6, 11.3.10,12.2,13.5, 13.7, 14,15 Loss of Use Insurance 113.3 Material Suppliers 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 Materials, Hazardous 10.2.4,10.3 AIA Document A201 r" —2007. Copyright 01911 1915,1918,1925,1937,1961,1968-1961,1963, 1988 19-M 1976-1987, 1997 and 2007 The American Emit. Ineftdo ofArs�thwts. All rights reserved.' �rr�, ^. T : a �' C x:an,aae t k- � 11 � Cr _;� i1. , ' i iri l_.`::7t E, *W - T:: ' -: �, ,3: � - 2.Ves�.acJon cr c,' �ut � �e c ihts ,% b J ;uncut, c. p:sr.:*n erg �% ma_ m-,a.t irk r�•:'-rr � civil f.rd .Jnrl ; �-.ltt_o, one f n : Jr n Ea e11, •rt c 'a __ _; is a ....: This domme ntwas produced by ALA soWmrs at 14.•06:09 on 05G2013 under Order NoA771304194 1 which expires on 07M 112013, and is not lar resale. user Motes: ra27a"Mti Materials, Labor, Equipment and 1.1.3,1.1.6,1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2,10.2.4,14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 Mechanic's Lien 2.1.2,15.2.8 Mediation 8.3.1,10.3.5,10.3.6,15.2.1,15.2.5,15.2.6,15.3, 15.4.1 Minor Changes In the Work 1.1.1, 3.12.8, 4.2.8,7.1,7A MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 10.3.2,11.3.1 Mut ml Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3,123 Nonconforming Work, Rejection and Correction of 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Notice 2.2.1,2.3.1,2A.1, 3.2.4,3.3.1,3.7.2,3.12.9,5.2.1,9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1,14.2,15.2.8,15.4.1 Notice, Written 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9.10,10.2.2,10.3,11.1.3,11.3.6,12.2.2.1,13.3,14, 15.2.8,15.4.1 Notice of Chuiuns 3.7.4, 10.18, 15.1.2, 15.4 Notice of Testing and Inspections 13.5.1,13.5.2 Observations, Contractor's 3.2, 3.7.4 occupancy 2.2.2, 9.6.6, 9.8,11.3.1.5 Orders, Written 1.1.1, 2.3, 3.9.2, 7, 8.2.2,11.3.9,12.1,12.2.2.1,13.52, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 62.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Owner's Authority 1.5,2.1.1,2.3.1,2.4.1,3.4.2,3.8.1,3.12.10,3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4,1, 6.1, 6.3, 7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5,1,9.64, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.3,11.3.10,12.2.2, 12.3.1, 13.2.2,14.3, 14.4,15.2.7 Owner's Financial. Capability 2.2.1, 13.2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Slap the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other bistrnments of Service 1.1.1,1.1.6,1.1.7,1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 4.2.12, 5.3.1 Partial Occupancy or Use 9.6.6, 9.9,11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Pates 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4,14.4.3 Payment; Cereficates for 4.2.5,4.29,9.3.3,9A,9.5,9.6.1,9.6.6,9.7,9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.102,13.6,14.1.1.3,14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 13.7,14.2A 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7,9.10.3,11A Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 PAYMENTS AND COMPLETION 9 Paymentsto Subcontractors 5.4.2,9.5 . 1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Ink A1Ant bocumaA201 TM -2007. Copyright 61911,19% 1916,1925,1937, 1951.1958,1961,1863,1988,1970,1976,1987,1997 and 2007 byihe American Institute oiArehitects. At rights ressrred.'e^iP.NN3 Th1 -.I" Dace r r i protected y U.S. Cawjk,':t :.r t . m :. Untu"horiz d B �sro:: i.don or C -� af�n a _ FI = ,'@ tsar. -nt, or am µ� torr a=1t, rn�y . mutt L] _: CIA en'_ cr!_rinal p, QEF :. n ..I � i pronacr'_ : to t'% - m:_ Arram ert_ nt pousihss ur ar th:t lei- -r. This document was produced by AW software at 114138M on 05130/2013 under Order NoA771304194_1 which awes on U711112013, and is not for resale. Usrr Notes, tx�:ar»aar Performance Boad and Payment Bond 73.7.4,9.6.7,9.10.3,11.4 Permits, Fees, Notices and Compliance with Laws 2.22, 3.7, 3.13, 7.3.7A, 10.2.2 PERSONS AND PRGPERTY, PROTECTION OF 19 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Conq&don 4.2.2, &2,9.8, 9.9.1, 14.1.4,15.1.3 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 13.6,14.2,3,15.1.3 Project; Definition of 1.14 Project Representatives 4.2.10 Property Insurance 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5,3.2.3,3.6,3.7,3.12.10, 3.13,4.1.1,9.6.4,9.9.1, 10.2,2,11.1,11.4,13.1,13.4,13.5.1,13.5.2,13.6,14, 15.2.8, 15A Rejection of Work 3.5, 4.2.6,12.2.1 Releases and Waivers of Liens 9.10.2 Representations 3.2.1,3.5,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2, 9.10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.2, 4.2.10,5.1.1, 5.1.2, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 93.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Coatractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, 63, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2A, 13A,14,15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persona and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1,41.2,427,53.1, 10.1, 10.2,10.4 Samples, Definitien of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.1x, 4.2.7 Samples at the Site, Docume>_ta and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.111, 3.12.2, 6.1.3, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1,12.12 Shop Drawings, Definition of 3.12.1 Shop Drawings, Produrt Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13,6-1.1,6.2-1 Site Inspections 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.4.2,9.10.1,13.5 Site Visits, Archhed's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6,12.2.1,13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1,1.1.6,1.2.2,1.5,3.11,3.12.10,3.17,4.2.14 Statute of Limitations 13.7, 15.4.1.1 Stopping the Work 2-3,9.7,10.3,14.1 6.2.1,9.3.2,10.2.1.2,10.2.4 Subcontractor, Definition of 5.1,1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2,9.6.7 Subcontractuai Relations 5.3,5A, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1,14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11-1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1,11.3.7 Init. AIA Document A201 TO —2007. Copyright ®1811,1915,1818,1925.1937, 1551, 108. 19491, 1963, 1966, IM. 1876, 1987, 1887 and 2007 by The American Institute of Architects. All rights reserved A F —,r;' "'n-- a v-, _•, ,t � Fro of r j by U R. Gasyr _ rt I-.:: t M' hL rnGk . A T - a. Vq rdn :ri�u +ror=r a ortus"sila. -� of ,'ssia �" " s� n _ o. �;_ ar.ie ns" Et, envy r . i ri ax di�,eil cr#minr I r ,r e, rid ..:s: t �: c , to oil % a ;art po, m a LnC'7':h ..;rAt. This docu mdutes produced byAlA oditwere at 14:06:09 on 050=13 under Order Mo.4771304194_1 which expires on 07!11%2013, and Is rwtfdr resale. ttaar Notes: ra"a992RaI Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9,10.2-6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.22, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2,14.3 Suspension or Termination of the Contract 5.4.1.1,14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1,14.2,15.1.6 Terrluation by the Owner for Convenience 14A Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.92, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5 TEKE 8 Time, Delays and Extensions of 3.2.4,3.7.4,52.3,7.2.1,7.3.1,7.4,83,9.5.1,9.7, 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3,9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10,11.1.3,12.2,13.5,13.7,14, 15.1.2,15.4 Time Lim% an Claims 3.7.4,10.2.8,13.7,15.1.2 Title to Wok 9.3.2, 9.3.3 Transmission of Mtn in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORD 12 Uncovering of Work 12.1 Unforeseen Conditions, Conomled or Unknown 3.7.4, 8.3.1,10.3 Unit Prioes 7.3.3.2,7.3A Use ofDocuments 1.1.1,1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Archhect 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2,15.1.6 Waiver of Claims by the Owner 9.9.3,9.103,9.10A, 12.2.2.1,13A.2,14-2.4,15.1.6 Waiver of Consequential Damages 14.2.4,15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1,11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definitim,of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,9.10.2,9.10.3,11.4.1,13.2,13.4.2;15.4.4.2 Written interpretations 4.2.11, 4.2.12 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 9.10,10.2.2, 10.3,11.1.3,12.2.2,12.2.4,133,14, 15.4.1 Written Orders 1.1.1, 2.3,3.9,7,8.2.Z 12.1,12.2, 13.5.2, 14.3.1, 15.1.2 Inst. AIA Document A201 1" — 2007. Copyright®1911,1915,1918,1925,1937, 1951, 1958,1961,1963,1986,1970,1876,1987,1997 and 2007 by The American Inal k4e of Archbacts. All rights reserved. E'13 Thla ol."F � Down;: c nt Pi ar uLBtad by ME AZnct T ,x.t[ r. Ur ,Who:± S s. ,src ,;coir tort #r twdo.7,r: f=i s Doer----, nt, r: sc.. pxtion of ly na m r<' : in : u*�ra cF� cnEi air_.'_, 1 .m � s: p:asLzuted #a Vis c -r.. P.:,ur:r a r.c per,. !sb i. un aC 11.,x; _,,,. This document was produced by AIA software at 14:08:09 on oSGW013 under Order Nc.4771304194_1 which e*ires on 0711112013, and is not for resale. War Notes: 1827d92 M ARTICLE 1 GENERAL PROVISIONS S 1.1 BASIC DEFINITIONS § 1.1.1 THE CORTRACT DOCUKENTS The Contract Documents are enumerated in the Agreement between the Owner and Ccntractar (hereinafter the Ag mmcnt) and consist afthe Agreement; Conditions ofthe Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution ofthe Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order fir a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreemeirt, the Contract Documents do not include the advertisement or invitation to hid, instructions to Bidders, sample farms, other hiftmation furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. # 1.1.2 THE CONTRACT The Contract Documents form the Contract for Coastructiom The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. 'Che Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than, the Owner and the Contractor. The Architect shall, however, be entitled to peer& mance and eaforommt of obligations under the Contract intended to fscilitate performance of the Architect's duties. f 1.1.3 THE WORK the term "Work" means the construction and services required by the Contract Documents, whether Meted or ply completed, and includes all other labor, materials, equipment and services pror..ided or to be provided by the Contractor to fhhlfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. 11.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally, including plans, elevations, sections, details, schedules and diagrams. 5 1.1.5 THE SPECIFICATIONS The Specifications are that portion ofthe Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1 1.1.71NSTRULIENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later and intangible creative work developed, respeofthctive tangible gt performed by the Architect and the Architect's oonsultaats under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. 11-1-8 INITIAL DECISION UAKER The Initial Decision Maker is the person identified in the Agreement to reader initial decisions on Claims in accordance with Section 15.2 and oert* termination of the Agreement under Section 14.2.2. 1.2 CORRELATION AND INTENT OF THE COMTRACT DOCUMENTS 1.2.1 The intent ofthe Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the event consent with the Contract Documents and reasonably inferable from then as being necessary to produce the indicated results. init. AIA Document A20" -- 4007. Copyright ®1811,1915,1918,1925,1937,1951, 1956,1961,1963.1988.197Q 1978,1987,1907 and 2007 by The American Institute of Architects. Ali rights reserved 6.r r u +3: 'i ', ," Ca .::.c st isrot^4 n k Cu , ,j U � P P"'" t„c :r red Fri tinct Cir a. t`bt ,�Eori:.:» a` this iti " scum. _A cr r_r„ penton r.; i tR �.:;�n ; In :> Tnr tom,:. `9d tri tr�:s 1r..lt°e �r tJiG' . r h ..., _ .r # d to �,No n..•t',_iam r._i3nt po , .ire: �y� :I _ rari�. This document was produoed by AIA software at 14:08:09 on 05rj=13 under Order NoA771304194 1 which e)gsrrw on 0711 f/=3, and Is not for (resale. Uewr Not": fR77�7J1RAL § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Teams capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. J 1AINTERPRETATION In the interest ofbrevity the Contract Documents frequeatiy omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER WSTRUR�. ITS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutoryand other reserved rights, including copyrights. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers dmU not own or claim a copyright in the Instruments of Samoe. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogatien of the Architect's or Architect's consultants' reserved rights. § 1.3.2 The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution ofthe Work All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material' or equipment suppliers may not use the hutruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. 11.6 TRAidMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other informatics or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall famish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is locatrxl, usually referred to as the site, and the Owner's interest therein. § 2.2INFOPWATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the AIA Document A201 r" — 2007. Copyright A 1911,1915,1918,1925,1937,1961, INS, 1961,1963, IBM, 1970,1976,1987, 1997 and 2007 by The American IniE. hisftft of Architects. Al rights reserved.` , _:.s: his ;' ° JaCutrr L P t by U.S.cc-7.,e & Lr.a Ir. - ale -WIM Tt. 10 rcproducf cm or Cl-trr? utt n 0".AS -'A:40 7�,7 x.r- i' r. Lv I-., tion o.:`, r_r1- ma..,u— In ; v - c,41 L.x -ninth. I p _y -'ti ,, : A � Al L to the,- m -ri;nur.r a�L- rt p tr.:.r f ie L-:,. Tlds document was produced byAiA software at 1448:09 on 05130f2013 under Order NoAT71304194 1 whichexpires on 07111!2013, and is not for resale. User Notes: IA7►d97JriA1 portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, struction, use or occupancy of permanent struckm or for permanent changes in existing facilities. 12.2.3 The Owner shall finnish surveys describing physical characteristics, legal limitations and utility locations for The site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information famished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2,4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance ofthe Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 22.5 Unless otherwise provided in the Contract Documents, the Owns shall famish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requireme s of the Contract Documents as required by Section 12.2 or repeatedly fLUs to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stag the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right ofthe Owner to stop the Work shall not give rise to a duty on the part ofthe Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2A OWNER'S RIGHT TO CARRY OUT THE WORK Ifthe Contractor defaults or neglects to carry out the Work in accordance with the ccutract Documents and fails within a ten-day period slier receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies 1 he Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting fir payments then or thereafter due the Contractor the raisonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 8.1 GENERAL § 3.1.1 The Conttvem is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor sha11 designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Docarments. § 3.'1.3 The Contractor shall not be relieved of obligations to perform the Work in acoordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration ofthe Contract, of by tests, inspections or approvals required or performed by persons or entities other than the Contractor. AIA Docurnent A201 M - 2007. Copyright 01911,1915,1918,1925,1937,1951,1958,1961,1963, 1966,1870,1976,1987,1997 and 2007 by The American Init. instihuls of Archbacts. A rights reserved t7Jr r ,�_ Thr Ix� I pis'.- Or' k' UZ. CCA -V* t L , orad irstc.r JEr _': r ,.: r ..rt v ori or sir ufbudon a c: i� E t ._ r 3t, or rgr rtiur. a: it, ... Y -f- in ca' s a e3. _. = v .,..nri w �r'.:c , � .,r t < PL - . , Y,r.; ,rn:.-3ar+- un ._erlte N : _ . This document was produced byAlA soRvmm at 14-08:09 on 0513eC22013 under Order NoA7713D4194 1 which mor on 0711112013, end is not for reale. - es Wer Notes: rA17a7r�urt� 3.2 REVIEW OF CONTRACT DOCUMENTS AND HELD CONDITIONS BY CONTRACTOR $ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personas observations with requirements of the Contract Documents. 13.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, small take field memurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall proraltly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. 13.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Coniractar as a request for irarmatimr in such foam as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Cofactor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor falls to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligation& if the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or mnissions in the Contract Documents, far differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. $ 3.3 SUPERVISION ARD CORSTRUCTION PROCEDURES j 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions crnncerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that potion of the Work without further written instructions from the Architect. Ifthe Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. 13.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf oft the Contractor or any of its Subcontractors. j 3.3.3 The Contractor shall be responsible for inspection of portions of Work already perf+oamed to determine that such portions are in proper oondition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and offiff facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. AIA Document A201 m - 2007. Copyright O 1911,1915,191.8,1926,1997, 4951, 1958,1981,1963, 1966, 1870,1978,1987 1997 and 2007 byThe American tll11: Inaftle of ArchRschs. All rights reserved `11 n P.G- Tai+' ,a%. r�curneat is pro dosed by 1.5. Cr y,,er!f L. L_na lot.. rr .pan ire;$.. . J_r '.:Lr¢f-Al6 s pM IL-d3n or CfF Y%UL ,.s 0_S �e =.L �p JX .u:r ii t, or urrZ p.-Prtlw G. It, m: i ::. aa, in t- aen civil if ct' .:lrt. p,...;-`. a, ani: Iii _ -ra It --TL" to th : 12 csTf.aum - F 3sl le und; r the ktt '. This doeumerd was produced byAlAicat 14.08:09 on 06rdQWIS under Order No.4771304194_1 which empires m 07/111013, and Is not far resales User Nakes: 1R77A991"2% § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect is accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3A.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying art the Work The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.S WARRAM The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defiers, except fm those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not c�form. to these requirements may be considered defective, The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall fumish satisfictory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consume, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 117 PERMITS, FEES, NOTICES AMD COEPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for offer pertmits, fees, lig, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall empty with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or ]awful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. ffthe Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily fotmd to exist and generally recognized as mhea'eiit in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days ager first observance of the conditions The Architect will. promptly investigate such conditions and, if the Architect detertnines that they differ materially and cause an increase or decrease in the Contractor's cost o4 or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. Ifthe Architect determines 1hat the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms ofthe Contract is justified, the Architect sball promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and ArdutwL Upon receipt of sueh notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remain or features. Rem for adjustments in the Contract Sum and Contract Time arising frons the existence of such remains or features maybe made as prc viided in Article 15. AIA Document A201711 — 2x97. Copyright ®1911.1915.1918,1925,1937,1951, IBM1961, 1963 1966,1970,1978 1987.1997 and 2007 by The Amarican Init iraffiute of Architects. All rights rem rvad. Tht 5 lt' t.,awiv ont is pr U.E.0(-' lk9 Ln, ,a znc i tr riz rrGpreduet:en or d. Adbutim o: tha ', i° Csm mr cuxst, orp ni:4 ale ori it, rr� ra uE in: wr n 0-rAi arlMiru melt , a, rn3 r : "r � n ��� c to Sty-= �3 m-�mun c.,.t m' po: aibru un ,-nh E w. Thin document was produced byAEAsoflware at 14:08:09 on OWM3 under Order NoAT71304104 1 which wpires on 0711112013, and is not for resaia. ulaw Notes: !R')7d979RR5 § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum aU allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or eantities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in ihe Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. 3.8,3 Materials and equipment under an allowance shall be selected by the Owns with reasonable promptness. 3.9 SUPERINTENDEWT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants wino shall be in attendance at the Project site during performance of the Work The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9,2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to 1he proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. 13.10 CONTRACTOR'S CONSTRUCTIOW SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during consiructicat, and ane copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. AIA Document A201" —21107. Copyright G 1811 1915,1818, 1925, 1937, 1651, 1858.1961,1963,1998,1970,1876, 188T.1997 and 2007 byThe American Inst Inesh to of Architects. All rights naserved. WAR—t as: chic A. m ;:normo t L t• 'OLCi•_C 1)y U.U. Cc plrrigh'' L,,,L ;;:nc1 Urs itht x y rc fctlon or�istrffatt'..o t a 9hla 1.%, [run.: ` .. „:n, "rjan & It, m s.y I cash Ing A. -nachri! and caimin&' p.:.nr'ttva, an -%:cd ".o the ' urs tt F- r :. This documentrras produced byAMoftwars at 14:08:09 on 05/30/2013 under Order W771304194-1 which expires on 0711112013, and is not for resale. beer Nates: IR97AMAR1 § 3.12 SHOP DRFcMWGS, PRODUCT DATA AND SAMPLES 11121 Shop Drawings are drawings, diagrams, schedules and otbor data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 13.113 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to canform to the info®nataiom given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents regrare submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to The Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents m accordance with the submittal schedule approved by the Architect or, m the absence of an approved. Mbin ttal schedule, with reasonable promptness and in such sequence as to cause no delay in the, Work or in the activities ofthe Owner or of separate conti%dors. § 3.12.8 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor ra xvmts to the Owner and Architect Ifid the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coardinat ed the mformatio . contained within such submittals with the requirements of the Work and of the Contract Doclmrenta § 3.127 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. # 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be Mheved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval or Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to dee specific deviation as a minor change in the Work, or (2) a Change Order or Constructim Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof 3.129 The Contractor shall direct specific attention, in writing or an resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions ocher than those requested by the Architect an previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, technliqu , sequences and procedures. The Conductor shall not be required to provide professional services in violation of applicable law if pxaessional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear tin all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and odor submittals related to the Work designed or certified by such professional, ifprepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and Inti. AIA Doeumant A2017m— 2007. Copyright 01911,1915, 9818,1925.1837, 1951,1958,1961,1963, 1986, 1M 1976,1987, 1997 and 2007 by The MFetican reserved = I 3:" Yrtia end Iit rte liu.-aat ra t krsfitrr6e of Archi6acla All rights h'. This document was produced by AW software at 14:06:09 on o5P.i0QM3 under Order NoAM304M 1 which expinre on 07/1 i/2013, and is riot for resale. Wear Nota: fQ?7/MMeti completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Sectim 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. 13,13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. # 3.14 CUTTING AND PATCHIRG 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14`3 The Contractor shall not damage or endanger a portion of the Work or My or partially completed constructim of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor, such consent shall not be unreasonably withheld The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEAKIRG UP 3.15.1 The Contractor shall keep the premises and surrounding area free f -om accumulation of waste materials or rubbish caused by operations under the Contract. At compled(m of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project $ &I L2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. f 3.18 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. f 3.17 ROYALTIES, PATENTS AND COPMGHTS The Contractor shall pay all royalties and license feel;. The Contractor shall defend suits or claims for infiingement of copyrights and patent rights and shall bold the Owner and Architect harmless from loss on account thereog but shall not be responsible far such defimse or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringetneaut of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly Amsbed to the Architect § 3.181NOEMIRGATION 3.18.1 To the fullest extent permitted bylaw the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided float such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself}, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcmtractor, anyone directly or indirectly employed by therm or anyone for whose ads they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. Init. AIA Document A201 TM - 2007. Copyright G 1911 1915,19110,1925, 1937 1951, 1958,1961,1963,1956,1970,1976, 1987,1997 and 2007 by The American Insft to ofArchlects. A0 rights reservedAU,'[i: obis A= 7.-.a C k an.y� ,;,oi :..,. by U.S. Intvn^tfm:, T ,^!L.& llnrsr'rt =fr ;,i 1S r , _-ae-acUan or dlrtri: u3an c. iv- �kz..:m : C, crane pw1.in ts' w m y mLulk In u" t,� ch11 ani c:irnin .l p :_L&WL-,, ,,.nt2 --i:- a .rn_ _,u: t l to thr• m;.: Irmura "-I „-4pa:sct:,a unc_ rdt;. I et. This docucnantwas produced by AM software at 14:00:09 on 05/3012013 under Order NoA771304194_i which expires on 07M IMM3, and is not for resale. User Nobs: f897AMMI J 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee ofthe Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they maybe liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHRECT J 4.1 GENERAL 140.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawMy practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. f 4.1,2 Duties, responsibilities and limitations of authority ofthe Architect as set forth in the Cor&actDocirnents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. f 4.1.3 Ifthe employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that ofthe Architect. J 4.2 ACNIMISTRATION OF THE CONTRACT J 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for payment. The Architect will have authority to act on behalf ofthe Owner only to the extent provided in the Contract Documents, 142-2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to became generally familiar with the progress and quality ofthe portion of the Work completed, and to determine in general if the Work observed is being performed in a maturer indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check: the quality or quantity of the Work. The Architect will not have control over, charge obi or responsibility for, the construction means, methods, techniques, sequences or procedures, or far the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. f 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) ]mown deviations from the Contract Documents and Rum the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. J 4.2.4 CD`:WUNICATIONS FACILITATING CONTRACT A 7,IMSTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the ContracL Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subecmtraciars and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. J 4.2.5 Saeed on the Architect's evaiva*w of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. J 42.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility ofthe Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities pm* mmg portions of the Work. Isle. AIADocument A201 TM — 2007. Copyright C+ 1911,19f5,isle. x925. 1937,1951,1968,1961,1963,1966,1970,1976,1987,1997 and 2007 by The Ameriew >rrethrre of Architects. All rights resenrod. , *' :tom: Tire rttca.i ,, 17 r r _ ucucn or ,r"+est. rsiL :, r,' .3er_a�nt, �r c . ; ; _. dr z ai r'y rr : y rc rrc. ir3 -rue . _ c_ s"i _ . _ �.^ _ 'nr ° ra: "' . , r t • 'ii t .:"� ts. s . This documeni was produced byAlA eaihuare at 14:08:09 on 093012013 under Order No.4771304194 1 which a ]res an 0711112013, and is not for resale. dear Nobs: fR77aMaa1 § 452.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformanm with information given and the design concept expressed in the Contract Documents. The:Arc'hiteet's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submitW schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding cancedled and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying nut the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of; the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time hunts agreed upon or otherwise with reasonable promlptam § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent ofy and reasonably inf m ble from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to semn faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing wig& any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCOiti'TRACTORS § 5.1 DEFINITION § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portic6m of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and weans a Sub-subcontractor or an authorized representative of the Sub-suboontractor. Ink. AIA nocunwnt A20" —2097. Copyright 01911,1915,1918,1925,1937, 1951, 1859,1961,1963,1866,1970, 1876, 1987,1997 and 2007 byThe American lnstitui a of Architects. Aa rights reserved.' ' Zawment is cid :r U :. Cc�;+rf ht i u:sd E�sterrt i root r i _.stn utE:: E d r ocum: nt, orae - r --f- m e."m Er, -;t --- uli in, ; .;n, civil -10,rrmin_' ; jrr€18 un . ti;K� h, -r. This doaunentwas produced byAIIA softYM6rre at 14:08:09 on 0513012013 under Order No.4771304194-1 which expires on 0711112D13, and Is riot for resale. User Notes: rna?.oW"G0% § 5.2 AWARD OF SUBCONTRACTS ARD OTHER CONTRACTS FOR PORTIONS OF THE Y- ORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requit'ements, the Contractor, as soon as practicable after award of the Contract, shall fimush in writing to the Owner through the Architect the names of persons or entities (including those who are to f =sb materials or equipment labficated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-dayperiod shall constitute notice of no reasonable objection. 1 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.5 If the Owner or Architect has rem enable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum of Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person of entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACI'UAL RELATIOWS Byappropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Canhwtor all the obligations and responsibilities, including the responsibility for safiety of the Suboontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Walk to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to Mter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prier to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § &4 CONTINGENT ASSIGMENT OF SUBCONTRACTS § 5.41 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignmenrt is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner aoeepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the IML AIA Document A20170 - 2907. Copyright C 1911.19115, 1918, 0925,1937, 1951, low, 1961, 1963,1988,197.1976, 1997, 1997 and 2007 by The American Fe:tituleofArciricts A9 �hts reserved y iw':'itrs ^1 f; D�,n =;:tt t part motet: E';* t1.�. Crr° ti.a td I�t_•rn ,�n.]'is U-.7- icy €on c r c' €span ac this ..i.� ;'cru rt it, or y tJon ai't. uri�a r €: uC E#t t °rc�.v c : rr �d crlrt :not p 7�rs, • , = r#IE . } c, : be "► m..jrs[s;F; enV, th,s t=1a,. This documentwoas produced bbyAlAsoilware at 14:06:W on X2013 under Order Na47713li 194 1 which expires on 0711 M13, and is notfar resale. doer Notes: roa�erriou� Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY 0U'NER OR BY SEPARATE CONTRACTORS § 6.1 O rrdER'S RIGHT TO PERFORM CONSTRUCTION AMD TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for differentportions ofthe Project or other construction or operations an the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractair with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their coiistructian schedules. The Contractor shall macre any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall than constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § SAA Unless otherwise provided in the Contract Documents, when the Ownei° performs construction or operations related to the Project with the Owner's own farces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contt"act, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPOR:SIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and perlbrmance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner cc a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or delicts in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 10.13 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly tined activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed caastrucdm or to property of the Owner or separate contractors as provided in Section 10.2.5. 16.2-5 The Owner and each separate contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 ORWER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the promises and surroundmg area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. AIA Document A201�— 2007. Copyright G 1911,1918, 1918, 1925,1937,1951, 1958, 1961,1963,1966,1970, 1976,1987.1997 and 2007 by The American Inst, inaftle of Architects. WI rights reserved. C ' [ _@: hi` `L Dxurr [ , ; od :fid �;" if S. Ca r_•rip"�t I.arr ; n� irrt�m _fir.' Tr t". Unnu"horf:._' 20 rs x �r e ? _a e. r c''_triPtratlon of 1"rte td E de m =r', or s ty of N,, rn:w rasu-� Ir. re:,_re arta ,.: errr:n J .nzlY _:, are 1" ra t.rc-teutr:l :c h3 :it'dD arc' _r f lu *. This document was produced byA[A software at 14:08:09 on 05130!2013 under 0rderNo.4771304194 1 which expires on 07M 112013, and is not for resale. User Nates: r547a779AM ARTICLE 7 CHANGES IW THE WORK 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction. Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 17.1.2 A Change Order ahall be based upon agreement among the Owner, Contractor` and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Wank may be issued by the Architect alone. 17.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. f 7.2 CHARGE ORDERS 7.2.1 A Change Orft is a written instrument prepared by the Architect and signed by the Owner, Cocontractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contact Time. 7.3 CONSTRDCTIM CHARGE DIRECTIM 7.3.1 A Cotmstruction Change Directive is a written order prepared by 'rhe Architect and signed by foe Owner and Arcbitec t, directing a change in the Work prior to agreement an adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract 15me being adjusted accordingly. f 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the ConstruWan Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on Orme of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or A As provided in Section 7.3.7. § 7.3.4lfunit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 1 7.3.5 Upon receipt ofa Construction Change Directive, the Contractor shaII promptiyproceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. J 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. f 7.3.7 If the Contractor does not respond promptly or disagrm with the method for adjustment in the Contract Sum, Sone Architect shall determine time method and the adjustimmt on the basis of reasonable expenditures and wings of those performing the Work attributable to the age, including is case of an increase in the Contract Swan, an amount AIA Doeumerrt A20170 - 2007. Copyright 01811,1815,1918,1925.1937, 1951, 1W8, 1961, 1963,1988,1 070,1976 19E7,1997 and 2007 by The A r, cm Inst. Ins9lule of Archaects. All rights reserved rb4° + , "-•: 'k A; k - �air.t� r„ [- pnr d by i3 C. Crjr•rrjh2 Zx.w Int, m "tnei -�# -. D x; al �1 - du nr cr a uEotr o: ifrlr< �a �` 04Wt- r% c err. G:;. .€ c7lt, r.. I_ Na •:l+c €s ai r=! 1d yak "nal f,--€; u: ry z� =:11€ , r Jr �..r il.� :.� urialWs #oris, y, This deeunwdvies prndu-d byAlA sofbwe at 14:08:09 on 05130►2013 under Order NoA771304194 1 which e�iree on 0711112013, and is not for resale. User mates: rarra"Oaa► for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount in such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; ,2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment fur Work completed under the Construction Change Directive iia. Applications for Payment. The Architect will make an interim determination for purposes of monthly certification far payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professionai judgment, to be reasonably justified. The Architect's interim delamination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. # 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and The Architect will prepare a Change Order. Change Orders may be issued fm' all or any part of a Construction Change Directive. 17A DGINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIDE 8.1 DERNITiONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.1.3 The date of commencement of the Work is the date established in the Agreement. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. f 8.1 A The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLE11ON # 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor conforms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, accept by agreement or instruction of the Owner in writing, prematurely commence oporatians on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Canifactor and Owner. The crate of commencement of the Work shall not be changed by the effective date of such insurance. AlA Docurnant A2017m — 2007. Copyright ®1911,1916 1918,1925,1937 1951,1958 1961,1963,1988, '1870,1978. 1987,1997 and 2007 by The American IniL Insiltute of Arddbsrls. All rights reserved. � r ML, - C by J S. Cad . Lht Li:_ ..yd Ird ,mason. f r.:,'. L Un atom:!gid 22 r.•1-rc -zZa 'an r-:• d :t:h n c W , ;' Carmen:, or E7 . nCrtlrn f } tb r � ra u_� .n s v.. d+ Ln3 +xl -final i n .i->�, enc: i:: p c =W_ t 3a fh� -AWA F* 1,116 r-,W,x the Is This document was produced byALA software at 14:08M9 on 05/3012013 under Order No.4771304194_i which expires on 0711112013, and is not for reale_ UBW Molts: rRWA 2"RR% I 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 18.3 DELAYS AND EXTEMSIONS OF Tr -;,E § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Archker,% or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. J 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. $ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either petty under other provisions of the Contract Documents, ARTICLE 9 PMEM AND COMPLETION J 9.1 CONTRACT SU;d The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor fat performance of the Work under the Contract Documents. 192 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum 1'; ce, the Contractor shall submit to the Architect, before the first Application fat Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such farm and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applicatians for Payment 113 APPLICATIOKS FOR PAMENT § 9.3.1 At least tem days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section. 9.2, far completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating tate Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. $ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. J 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or'material supplier; unless such Work has been peitmied by whom the Contractor intends to pay. others 19.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stared on or off the site dW1 be conditioned upon compliance by the Contractor with proms satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insure nee, storage and transportation to the site for such mateaials and equipment stared off the site, § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received fi can the Owner shall, to the best of the Contractor's knowledge, infamnoation and belief, be free and clear of liens, claims, security interests or IMLAa Dmumant AMTH - 2067. Copyright * 1911,1915,1918,1925,1937.1951,1958,1961 -1963,1966-1970,1976,1987- 19W and 2007 by The American kml9rrie of ArcFritacis. All rkOts reaerved r;3 iirr ;++`° r. -,urr rt [ I ## I Cot-. k # h.:,, a yiS IrY:-:r_�u- cn s rc �ti..:Jn �r° t _ 3 i E. Ci a7i trh )!1 L+ :.� ! Joo r parr , ar. r,� por..s a ii, _ ,F .:L !. ! , r err. , c rit cnd CrimilR , . r .It; �:. , t p c .x _^ .0 r3 23 In 6Y_ �M ih . , , _{. Tuts documentwas produced byAlAe aware at 14:08:09 on osrj%2013 under Ordar NoA n1304194 1 with expires on 0711112013, and is not forresale. UMW Notal: razraaaans► encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9A CERTIFICATES FOR PAYMT 9,4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment m ill further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Arhitect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Awhitect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Arcbitect is unable to certify payment in The amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. Ifthe Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security actable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; A reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay, or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. Ifthe Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. Inst. AIA Document A20i m — 2007. Copyright A 1811,1915,1916,1925,'1937,1951.1958.196% 1963,1966,1970.1076,1967,1997 and 2007 by The American hwbhft of Architects. All rights ° r 7., nin. rut °r* prn a"` -- :n' €1.�i. Copyi yht s ~' U intr -a-,' t3n._i t:ir.r% - t 24 mprc Torr or d_ wbutkn of thio. 1.7? Docurm, nt, or arry portion of IL c,'r V rc-.ult In 90rrr civu r-ld cd n`rr-' A:-'*. nil b,! _;r rcr :. ;a tho th; lvm This document was produced byA1A sollmre at 14:08.09 on 05130/2013 under Order NoA771304194_1 which expires on 0711112013, and Is not for resale. titer Notes: re.rs��f.feee. 19.6.2 The Contractor shall pay each Subcontractor no lata than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to snake payments to Sub -subcontractors in a similar manner. § 9.6.9 The Architect will, on request, furnish to a Subcontractor, ifpracticable, information regarding peroemtages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work [cone by such Subcontractor. I 9.6A The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect "have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6A. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for :Fork propedy perfor8w5d by Subcontractors and suppliers shall be meld by the Contractor for those Subcontractors or suppliers who periiormed Work or famished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall requite money to be placed in a separato account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for bread of trust or shall entitle any person or entity to an award of punitive damages against the Cont wtor for breach of the requirements of this provision. 19.7 FAILURE OF PAYi_iENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt ofthe Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been reodved. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of sh"cwn, delay and startup, plus interest as provided for in the Contract Documents. 9.8 SUBSTANTIAL COEPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for iter intended use. # 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 1 SW Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or c0rrett such item upon notification by the Architect. In such case, the Contractor shall then submit a rpt for another inspection by the Architect to determine Substantial Completion. AIA Document A201 TO —2W7. Copyright O 1811,1915,1918,1925, 1937, 1951.1956, Joel, 1963, 1986, 1970,1978. 1987, 1997 and 2007 The American lert. Mratllute of Architects All r1uhts reserved " l z. T a "'3cu Pmt go �+n` =t, d lay Uz. Co�;+r rt I� �rw n1=Lcan�.�' ZS r:: uciir,n err c YKr r'c yi t L 3 ! _ utrtrir a. sng �tasi'a.rt of it, rte; r .5 in ,, ;, civil r�r._ c_. min . _ =xr+lti ser, and ..1 i� _z 110_ r�r guru mzl;r nt pa lwle rrr3 __r M,:1- - This document was produced byA A soltware at 114:08:09 on 05f1V2013 under Order No.4771 W4194 1 which expires on 07/11=13, and is not for resale. usar motsa: 1827I7J'JRB] 19.$A When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Ceatificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall he submitted to the Owner and Contractor for their written acceptance of responsibilities assigiued to them m such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Cmtractor have accepted in writing the responsibilities assigned to each of them fir payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor o=iders a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Conhutoar to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, ifno agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the amen to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.5.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COGPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt ofthe Contractor's written notice that the Work is ready far final inspection and acceptance and upon receipt of a final Application far Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief; and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with teams and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been folfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force ager final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing paymcet or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such farm as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bored satisfactory to the Owner to indemnify the Owner against such lien. If such lice remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' Bees. Inst. MA Document A201 n — 2007. CopAht 431911 1915 1916,1825,1937 1951, 1958 1961,1963,196fi 1970 1976 1967,1997 and 2007 by The Amedcen Ineft to of Architects All right re.served ._.C: T 7. A,41 Di rum=.nt' Tei z�. ]y US Grp +r9 a r: i ne pial :-ItLsnc4ton-", it _Un-x,;.rr" 26 n e thi ..: Doeum. ny o n!r m t.1 it, ne : `1u.. n sr�van 11crivAn l p li .AZ R, a it u:n 4c Win. d [s : 4ia_s c+rit=. te: o h. -.This document was produced byAlA saavware at 14:06:09 on 05130!2013 under Order NoA771304194_1 which expires on 07M 112013, an not for resale. User Wires: raWar 98MI J 9.10.3 If, after Substantial Completion of the Work, final ocmnpietion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final connpletion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Ifthe remaining balance for Work not fully eannpleted or erected is less than retainage stipulated in the Contract Documents, and if bands have been fixmished, the written consent of surety to payment of the dance due for that portion of the Work filly completed and accepted shall be subornitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all sa&-ty precautions and programs in connection with the perfmmnnce of the Contract. 110.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, ft*" or loss to .1 employees on the Work and other persons who may be affected thereby, .2 the Work and materials and equipment to be incorporated therein, whether in storage an or off the site, under care, custody or control of the Contractor or the Contractor's Subeontractars or Sub -subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10,2.3 The Contractor shall erect and maintain, as required by existing editions and performance of the Ccfntract, reasonable safeguards for safety and protections, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly gwMed personnel. f 10.2.5 The Contractor shall promptly remedy damage and Ions (other than damage or loss insured under property insurance required by the Contract Documents) to property refierred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subeontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of therm, or by anyone far whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. Init. AIA Document A201 rr — 20a7. Copyright o 1911,1915,1918,1925.1937,1951,1958,1981, 1983, 1988,1971},1976,1987, 1997 and 2007 by The American tnslifulle of Architects. All rights reserved :" .atm 27 E -t -x _1 r[t, c m= F Ycic r of it. r:r, y W 'a in W. � cir.::r . ee'�in: i I. _nr`ti�s, ar =1-: - -t.: w c �k:: to f«.- j rra l=UT.. r. It � o`n. ;s cm _ xttr€� i. -AR. This document was produced byAlAsot>dware at 14:08:09 on {15i30V2013 under Omer NoAT7130r4194 i which e�ires on 0711112013, and in notfor resefe. War Notes: 18274222&81 § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.81RJU tY OR DAMAGE TO PERSOr~I OR PROPERTY If either party suffers injury or damage to person or property because ofan act or omission of the other party, or of others for whose acts such party is legally responsr`ble, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZAMOUS LATzRU1LS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting fioa<n a material or substance, including but not limited to asbestos or polycb1orinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notices the Owner shall obtain the senices of a licensed laboratory to verify the presence or absence of the material or substance reported by the Qxkr actor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall famish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable abjection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and startup. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk ofbodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the patty seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's faun or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of pm*ming Work as required by the Contract Documents, tlhe Owner shall indemnify the Contractor for all cost and expense thereby incurred. AIA Document A201n —2007. Copyright 01911 1915,1918, IM, 1937,1961,19M. 1931.1963. 19M 1970,1975, 1997, 1897 and 2007 by The American rnR. Institute of An:hi6ecls. All rights mery , .Z: i his '::"� Doaum en_ L:t pro crr J.S. Ce l 'rt' Ir4 t i sd Irste s Sorts! T °I z. rJn:$ ssttrariz d Zs. In . _ _. CIVIL s.d arin tn..l ;) cn ;9 I Ira z—�cutvd to the 1 r:,^:drnr:nr 1:0: rut cn',r:-,_Ll- -. This document was produced byAIAsoihmmat14:Oa:09on05J9M13under Order NoA771304104 1whichexpires on 07111=13, and is not for resale_ LIsw Notes. f"W 10-00M J 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor fi m claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of therm, or by sitynaie for whose acts any of them maybe liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages bemm of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; A Claims for damages insured by usual personal injury liability coverage; .S Claims for damages, other than to the Work itselt because of injury to or destruction of tangible property, including loss of use resulting theref mn, .G Claims for lounges because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations xmder Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without mt=uuhon from the date of commencement of the Wank until the date of final payment and termination of any coverage required to be maintained ager final payment, and, with respect to the Contractor's completed operations coverage, until the elation of the period for correction of Work or fiar such other period for maintenance of eompleted operations coverage as specified in the Cmtract Documents. J 111.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 3 0 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operatiaes, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expkaiion of the time required by Section 11.1.2. information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. S 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contr'actor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional imsvred for claims caused in whole or in part by the Contractor's negligent acts or Omissions during the Contractor's completed operations. 111.2 OWMEWS LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. InkAIA Document A2077° —2W. Copyright ®1911,1915,1918, i�926, 1937, 1951,1958, 4961.1963, 1968,1970, 1976.99$7.1997 and 2007 by The American C of Archil cts All rights reserved WW1 ! s otC-..bE - .°,L`, 29 -I m si all r,€ _. , W rCm ..�v. This document was produced by ALA solhuam at 1 iAiDi on 0501=13 under Order No.4771304104 1 which expires on 07111/2013, and is not for resale. User Notes; nMTA777OR1 § 11.5 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written an a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Cwtract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractalcs in the Project. 111.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured Ion. § 11.5.1,5 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as desombed above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.5.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.MA This property insurance shall cover portions ofthe Work stared off the site, and also portions ofthe Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.8.2 BOILER AND MACHINERY BISURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptanoe by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.5 LOSS OF USE INSURAXCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against Iola of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 Ifthe Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, ifpossible, include such insuranoe, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project constriction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment AI trait. A Dmumeet A201 TM —2W?. Copyrl9ht m 1011 1915, 19111,1925,1937, 1951, 1968 1901,1963,1968.1970,1976 1997 1997 and 2007 by The American pabde of Architects. All rights reserved. -Z: This , : ' Lh- :Urn .art I : prat "tci 3_ €! :. q:r��.i _11 s �1 � :._rt nn:' Tr �, iirrtar„iort d 30 rr -tmr m ^-tent po:- ,,rblc- vn enrt he h_: ---.,.This document was produced byAlA software at 14M.09 on 05130/2013 under Order NoA771304194_1 which expires on 0711112013, and is not for resels. User Notes: 10o7AIMa60% property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the camstruction period, the owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contactor a copy of each policy that includes insurance coverages required by this Section 11.3. Bach policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given, to the Contractor. § 11.8.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate coritractars described in Article 6, if any, and any of their sube mtmctors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, ifany, and the subcontractors, sub -subcontractors, agents and employees of any of them, byappropriate agreements, written where legallyrequired for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. Tithe cost of required bawds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate aocmmt proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made andunless the Owner temhinates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11,3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement if the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make Settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. 111A PERFORMANCE BOND AND PAYMENT BOND f 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful per%nnanoe of the Contract and payment ofobligations arising thereunder as stipulated in bidding requirements arspec ifiic all y required in the Contract Documents on the date of execution of the Contract. I 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be fiunished. Inti. APAbocument A201 m - 2007. Copyright a 1911,1815,1818, ®925,1997, 1951 1958 1987, 1863, 1®86,1970,1976,1987, 1997 and 2007 by The American Inatldrhe of Architects. All rights reserved ' a: �h ;cJ;1 MzauM-M k i ;01 Zt, b;• G.9. Cr 7;n i!! roti In't rJrH*r ! Tr ,-loc. tan . ,`hock - d ,tcilea or 3�` 7-rtion r,-; 1,ffi, ill? Drc x . _r,; or am, fir. on a kr z ,,? :a-suR ir.. u ry eo-rti and tet.:�_X, p I -n -JIT .e., ung ,. �Z t r .ter -Leto to 1h: -t 31 :&aw rx i�.-,. This dommment was produced 6y AW soaware at 14:0809 on osrd U under Order No.4771304194 1 which expires on 07/1112013, and Is not for cassis. Uaar Notes: lQ7fA+YJ9GY1 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 MICOVERING OF WORK 12,1.1 If a pardon of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, ifrequested in writing by the Architect, be uncovered for the Architect's examination and be repIaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work ism accordance with the Contract Documents, casts of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such cis and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL MKIPLETION The Contractor shall promptly correct Work rejected by the Architect or hilmg to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12,2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, i& within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements ofthe Contract Documents, the Contractor shall correct it promptly after receipt ofwrittm notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonoonfnrming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.22.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.23 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.x.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the tractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 112.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. AIA Document A201 TM —20U. Copyright a 1911 1915 1918, 1926,1937 1951,1958, 1961,1969, '1866,1970 1978 1987,1997 and 2007 by The American Inkhwillute ofArchltson All rights reserved [ :3: This 'd: ; Deur : rnt Lby UIL Cop;fr ht L. r nc .;ern : m , Tr, .;tai:. t;r,L;._ic.9xcf1 $Z I :. eu�on c. kZLICa-sl: an a tt I ...i ° ,: ameeassti=, orr :ry por:icri or i., n �y result ti ger to civ ! t ry sY= Rind ,__ru'tics, ,s. r di -rresecutef to t:+a r:r-.•�:�_,um c:ta_ nt P:.:; 't�' • una :r ::rte t This document was produced by AIA software al 14:08:09 on 05130EI2013 under Order Nc.4771k 1<M{_1 which expires an 07111/2013, and is not for resale. User Notes: fft"A IARl 1 12.3 ACCEI'rXXE OF NORCOi FOI,MIRG WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and oar3rectio% in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS $ 13.1 GOVERNIRG ZANY The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. 13.2 SUCCESSORS AND ASSIGNS 13.21 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The C=tracw shall execute all consents reasonably required to facilitate such assignment. § 13.31f41TTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving mice. $ 13.4 P�JGHTS MD REf,EDIES § 13A I Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation ofduties, obligations, rights and remedies otherwise imposed or available by law. g 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty affmded them under the Caatract, nor db all such action or fail= to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. 13.5 TESTS AND WSPECTIMS 1 Tests, inspections and approvals efportions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders ofpublie authorities. Unless otherwise provided, the Contractor shall make arrangements far such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Colntmetor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present fnr'such procedures, The Owner shall bear costa of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concfuled, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. f 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timelynatiee to the Architect of when and Where tests and inspections are to be made so 1hat the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. f 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions ofthe Work to comply with requirements established by the Contract Documents, all casts madenecessaryby Init.NA Document A2011m— 5007. Copyright ®1911,1915,1918,1-926,1937, 19551,ION, 1961,1963, 1986,197'0,1976, 1987, 1997 and 2007 by The American InsOtute of Archltacts. AI! dghbs reserved r :' .--: i" l: Ja u e •�'rR hs pra'�^ � ! _ I.$ ^�- �� hi l,. v r �� Inn .r�_ �r.:3'r r� . 3. t!n refired rxc mss► �rti[, rfi err L?#: ..� , acurf..:, r r.. :t:ert of !t, m ;. r+�v� t tE� .ru t'.F: ? a�. tar.. E ,.rYss, rn�. 33 U._ rrr,-n ; _, -rpt ra. ,_. , izw = r 'v; � , rn This docuentwas produced byAlAaofhmre at 14,08:09 on 0612013 under order Mo.4771304194 1 which s fires an 07M 112013, and is not far resale. thm Nolen: lbf7A-f7noe% such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.3.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 Ifthe Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.8 INTEREST Payments due and unpaid undo the Contract Documents shall bear interest froth the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 T&E LM -WS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, bread of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement withinthe time period specified by applicable law, but in any case not more than 10 years a13er the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERR"INATION OR SUSPENSION OF THE CONTRACT § 14.1 TERL INATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certificatim as provided in Section 9.4.1, or because the Owner has not made payment an a Certificate for Payment within the time stated in the Contract Documents; or ,4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.12 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14. 1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing pardons of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. AIA Gowment A201'R — 2007. Copyright* 1911, 1915, 1918, 1825,1937,1961,1958,1081,1983,1998.1870,1876,1987,1987 and 2007 by The American an instihule of Architects. All dghts reserved �. This L.' �s ,wheat L pte 7 ,l.Cs1 k= Il.G34 . Gcrp�•ri_"r� t t w .td #.itsrr Nary=' 'r t+ Pw Un rthc:7)P ed t iii ;+K.,�k► cr 6i r.:tut 3n k �:.� ";, ®C .._.� _ _ �., c: T.0 f part rn o. [;� r_�v t.> �r :t i, s ever o1vtl u u!rk►�91 : r y , , t t . , a ;ra: t d to l=i3 :rjrr_urn c amt f i*? This document was produced byAlA saflware at 14:08:09 an 0513002013 under order No.4771804194_Il which expires on 07111/2013, end Is not for resale. ttsw Notes: 1A97a*U-Jno1 14.2 TERWHATIM.1 BY THE O+ 11 ER FOR CRUSE 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials, .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective amts between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authadl3r, or .4 otherwise is guilty of substantial breach of a provision of the Contract Documems. $ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of time surety: .1 Exclude the Contractor froom the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient Upon written request of the Contractor, the Owner small furnish to the Contractor a detailed accotmting of the costs incurred by the Owner in finishing time Work. ¢ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is fznished. 11:.2,4 If the unpaid balance of the Cantraet Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. if such oasts and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner, The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. J 14,3 SJSPER"S OU BY THE OIR MR FOR COWENIEMCE 114-3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the World in whole or in part for such period of time as the Owner may determine. § 1412 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment dmU be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract: 14.4 TERr.` NNATIO,� BY THE MrNER FOR CONVENIENCE UA.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. I 14.4.2 Upon receipt of written notice front the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, kr the protection and preservation ofihe Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, ternamate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 114.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Worm executed, and costs incurred byreasm of such termination,, along with reasonable overhead and pwfit on the Work not executed. Init. AIA Doownant A201 TM —2W. COpYNN ®1911,1915,1918,1925,1937, 1951.1958,1961,1963,19M 1970, 1975,1987, 1997 and 2007 by The Ameftan trtstldrte of Architects All rishts reserved _ �: Th.a ;� , i xr ; = Yc' ; rr14 �^ 1 kr� �� Ce: , rr �t ! :. r "^_ 'c . , L c .10 %W. l8{ • .EctigrF Gi C ;.1 : �a ,iqn t5 ':�� u4 •� +1Ctrt1T :aSt, 4rt:r;-' e- :51 90' U G Al =� Z;„''7. . �' ' Z- -- y tS -.', :. ,:_,'A _']C,c'-'� [?Cit[ : 35 n=tmux c.Ient F -i .Iftl a un. ,;r i to This document was Produced byA44 software at 14:OB:09 on 05MMI under Order NO -4771304194 1 which expires an 07111@013, and is not for resata. tib ,Lou. !09'fA9e.faa� ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLA166S § 15,1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the teems of the Contract. The term "Claim." also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not sig as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUIPIG CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall cmtinue to make payments in accordance with the Contract Documents, The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAEIS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prig notice is not required for Claims relating to an emergency endangering Iife or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIOVAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim far additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and bad an adverse effect on the scheduled oonstructim. § 15.1.6 CLA9.4S FOR CONSEOIJENTIAL DAL -AGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expanses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.21NMAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the owner. AIA Document A201 "' — 2077. Copyright 01911.1915,1018,1925,1937, 1951, 1958, 1987,1963,196% 1970,1976,1987,1997 and 21)07 by The American ink Instlt do ofArchnects. NI rights nsserred.. _F� 'I: �: `iht ."�1� Docu:r.3nt es pirv`:acf d by U LAP O tA. sic.mst � � t• � Ursr• rElscriz •w 3$ r,; Tc-!uctio s or dL-Mu'%-Qn of tht� ."', C _ aurr?r.`, or rmr pc7.1 _:t r.. -!'r, inri re u.i'.n : vcr_ evil ne crlm,xl p ..tr. a__, rd ! a,s� rrxrF t� U a Mn6num -, tin: pc- _sdE : _ u:rx mrtft=: [� This documentwas produced byAlA software at 14:08,09 on o J2013 under Order No 47713D4194 1 which e>ptres on 0711 IM013, and Is not for resale. User Notes: 1ft"A-J*WJ21 § 15.2.2 The Initial Decision Maker will review Claims and within ten days o€the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes dA in the initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. 11&2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The initial Decision Maker may request the Owner to authorize retmtion of such parsons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response an the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or{3) advise the Initial Decision Maker thatno supporting data will be furnished. Upon receipt ofthe response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part- § 15.2.5 The Initial Deciaion Maker will reader an initial decision approving or rejecting the Claim, or indicating that the initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not swing as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial depisioyn shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 152.6 Either party may file fir mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days floe the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but -is not obligated to, notify the surety, if any, of the nature and amount of the Claim. if the Claim relates to a possibility of a Contractor's dc&Wt, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's liay the party asserting such Claim may proceed in accordance with applicable law to comply with the Tien notice or filing deadlines. 115.3 22DIATIOR § 15.8.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4,9.10-5, and 15. 1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 95.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the dente of the Agreement A request for mediation shall be made in writing, delivered to the other party to the Contract: and filed with the person or entity administering the mediation. The request may be made eoncurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for aperiod of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbit mtor(s) and agree upon a schedule for later proceedings. AIA Document A201 ry — 2007. Copyright @ 1911,1915,1918,1925,1937, 1951,1958, 1961, 1983, 1905,19T0,1976,198T.199T and 2Do7 byThe American Ink of Architects. All rlOhta rasarved ,r_ ^ �: Thar .:.,'�°= r: wr ° k ; ni ri• «, t Cc : ��r int - r .: nd �-t:: ti err 1 T ;� fr 3� R ,7!" L1-Gt!']n or!'liBtl"P`ud'x rtFt^ei2,;rH: Door r::mt, vera"" I.,ordon aP It. fww rw-ut:..€ ..v.;r C#t'il c.1 cf }r: l.�n„?'1 �, �. : �.,.. be �1rr This document was produced by AIA soaware at 14W:09 on 06MW01Sunder Order NoAT713D4194 1 which expires on 0711112013, and is not for rule. hoer Ffetea: rR77d77711R► § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof 15.4 ARBITRATION § 13,4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then ]mown to that party on which arbitration is permitted to be demanded. § 15.4. 1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but inno event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based an the Claim. 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4,3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof § 15AA CONSOLIDATION OR JOINDER § 15AAi Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a patty provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods fir selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. 115.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A201 n — 2007. CopyrlpM 0 1911,1915, 1918, IM, 1937,1951,1958,1951.1953,1966.1970.1976,1987, 1987 and 2007 by Tho American Inst indhrte of Architects. All rights reserved L 1 C: dlr[a ��+ ° Ocju-m.t E protist -d L!y U.=. Ccsvlpht L:: L -r=' -M n art ' Tu 38 rt_ lnx uc.1w or d'- .but' Pu ca tW _ .t, ® uncur. �t:;, or -.7y ! x`.ac-n o714 rnt`* "u °n �tvII r_rr & 2nd or_n?nal pr nr'Y, ... . , .o. snt. to # s r....Ayflum c :¢ant pwsllr:s ur, r th im. This docunent was produced byAIH sotiware at 14:08:09 on 0513012013 under Order NoA771304194 1 which expires on 0711112013, and Is riot for resale. User Not", rnrUl""I DOCUMENT 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the General Conditions of the Contract for Construction (AIA Document A201-2007) 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 will have the meanings indicated in the General Conditions. ARTICLE 3 - CONTRACTOR A. Add a New Subparagraph 3.2.5 to Paragraph 3.2: The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for the Architect to evaluate and respond to the Contractor's request for information, where such information was available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation. B. Add a New Subparagraph 3.4.4 to Paragraph 3.4: The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect to evaluate Contractor's proposed substitutions and to make agree -upon substitutions and to make agreed-upon changes in the Drawings and Specifications made necessary by the Owner's acceptance of such substitutions. C. Add the Following to Subparagraph 3.7.1: The Contractor shall secure and pay for the Electrical Permit and other required Mechanical Permits. The Owner shall secure and pay for a Building Permit. The Contractor shall make arrangements for required inspections. The Contractor shall obtain the Certificate of Occupancy for the Project. The Contractor shall pay plan review fees and inspection fees. The Contractor shall arrange for installation of sewer, electrical, gas, water, and other utilities required, except as otherwise indicated. The Owner shall pay sewer and water access charges (SAC and WAC) and park dedication fees, if any. D. Regarding 3.10.1, delete the first sentence and insert the following: "The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a detailed Contractor's construction schedule for the work in form and substance acceptable to the Owner." ARTICLE 4 - ADMINISTRATION OF THE CONTRACT A. Add a New Clause 4.2.2.1 to Subparagraph 4.2.2: The Contractor shall reimburse the Owner for compensation paid to the Architect for additional Site visits made necessary by the fault, neglect, or request of the Contractor. ARTICLE 5 - SUBCONTRACTORS A. Add a New Subparagraph 5.2.5: Acceptance of any supplier or subcontractor shall not mean nor imply acceptance of any material or product not specified in The Contract Documents. © 2013 Stantec 1 193801917 SUPPLEMENTARY CONDITIONS 007305-1 ARTICLE 7 - CHANGES IN THE WORK A. Add a New Subparagraph 7.1.4: Costs related to a change shall be direct costs. All indirect costs shall be included in the Contractor's overhead and profit. No allowance for overhead and profit shall be allowed if the change results in a net decrease in the Contract Sum. The combined overhead and profit included in the total cost to the Owner of a change in the work shall be based on the following schedule: 1. For the Contractor, for work performed by the Contractor's own forces, 10 percent of the cost. 2. For the Contractor, for work performed by the Contractor's subcontractors, 10 percent of the amount due the subcontractors. 3. For each subcontractor involved, for work performed by that subcontractor's own forces, 10 percent of the cost. 4. For each subcontractor involved, for work performed by the subcontractor's subcontractors, 10 percent of the amount due the sub -subcontractor. 5. Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.6. 6. In order to facilitate checking of quotations for extras or credits, all Bid Forms shall be accompanied by a complete itemization of costs, including labor, materials, and subcontracts. Labor and materials shall be organized and itemized in the manner prescribed above. Where major cost items are subcontracts, they shall be itemized also. B. Regarding 7.3.3, at the end of the introductory sentence, add the following phrase: "which must be described in the Construction Change Directive." C. Regarding Paragraph 7.3.6, delete the first sentence and insert the following: "If the Contractor disagrees in writing within 10 days of the date of the Construction Change Directive with the method for adjustment in the Contract Sum, the method and adjustment shall be determined as a claim." ARTICLE 9 - PAYMENTS AND COMPLETION A. Add a New Clause 9.6.2.1 to Subparagraph 9.6.2: 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. ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY A. Add a New Clause 10.2.4.1 to Subparagraph 10.2.4: When the use or storage of explosives or other hazardous materials, substances, equipment, or unusual methods are necessary for execution of the work, the Contractor shall give the Owner reasonable advance notice. SUPPLEMENTARY CONDITIONS Q 2013 Stantec 1193801917 007305-2 B. Regarding Paragraph 10.3.3, delete the last 2 lines and insert the following: "property (other than the work itself) and limited to the extent that such damage, loss, or expense is not due to the contributory negligence of a party seeking indemnity." ARTICLE 11 - INSURANCE AND BONDS A. Add a new Subparagraph 11.1.2.1: The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by law and regulations: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury Products/Completed Operations insurance shall be maintained for a minimum period of at least 1 year after either 90 days following Substantial Completion or Final Payment, whichever is earlier. 3. Comprehensive AutomoblIe Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. 4. Umbrella Excess Llability $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. B. Add Subparagraph 11.1.2.2: 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: V1ti ARCHITECT Others C. Add a New Clause 11.1.3.1 to Subparagraph 11.1.3: The Contractor shall furnish 1 copy each of Certificates of Insurance for each copy of the Agreement which shall specifically set forth evidence of all coverage's required. The form of Certificate shall be ACORD 25-2, Certificate of Insurance and AIA Document G715, Supplemental Attachment for ACORD 25-2 Certificate of Insurance. SUPPLEMENTARY CONDITIONS © 2013 Stantec 1 193801917 007305-3 D. Delete Paragraph 11.2 in its entirety. E. Delete the first line of the first sentence in Subparagraph 11.3.1 and replace with the following: "The Contractor shall purchase and maintain, in a company or" ARTICLE 15 — CLAIMS AND DISPUTES A. Add the Following to Subparagraph 15.1.5.2: Data substantiating abnormal weather conditions shall include at a minimum local US Weather Bureau Climatological Reports for the period involved plus a report indicating the average precipitation and temperature for the past 10 years from the nearest US Weather Bureau Reporting Station. END OF DOCUMENT SUPPLEMENTARY CONDITIONS 9 2013 Stantec 1 193801917 007305-4 SECTION 01 10 00 SUMMARY PART1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Public Works Facility 2013 Roof Replacement, City Project No. 924 for the City of New Mope, Minnesota. B. Description of Work: In general, Project Work consists of the following significant elements: 1. Removal of the existing built-up roofing system and insulation over the front offices area of the Public Works Facility. Installation of a new 4 -ply modified bitumen roofing system with new insulation over the existing supporting substrate over the front office area of the Public Works Facility. Replacement of the existing metal fascia/flashing at the parapets at the front offices area as well as replacement of 1 prefinished metal scupper and 3 prefinished metal overflow scuppers. Removal and modification of the existing prefinished metal fascia/coping at the east wall above the front offices area. Removal and replacement of the existing prefinished metal flashing panels at the standing spam mei roof above the front entrance. 1.03 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment: 1. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 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. Contractor shall coordinate with Owner location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction and shall remove upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances dear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. SUMMARY © 2013 Stantec 1 193801917 01 10 00 1 B. Access to Sites: 1. Contractor shall coordinate with Owner. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2013 Stantec 1 193801917 011000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work and request for payment procedures. 1.02 LUMP SUM A. Unless specifically noted as a Bid Unit Price Item, all Work shall be included in the Lump Sum Bid, B. Lump Sum Bid shall be based on Base Bid Equipment and Materials. C. Progress payments will be made as Work progresses based on the Schedule of Values established for this portion of the Work. 1.03 SCHEDULE OF VALUES A. Submit a printed Schedule of Values on AIA Form G703 — Certificate for Payment Continuation Sheet. Contractor's standard form or electronic media printout will be considered. B. Submit Schedule of Values in duplicate within 10 days after date of Owner -Contractor Agreement. C. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the Specification Section. Identify Site mobilization and bonds and insurance. D. Include in each line item, the amount of allowances specified in this Section. For unit cost allowances, identify quantities taken from Contract Documents multiplied by the unit cost to achieve the total for the item. E. Revise Schedule of Values to list approved Change Orders with each Application For Payment. 1.04 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. B. Present required information in typewritten form. C. Form: AIA G702 Application and Certificate for Payment and AIA G703 Continuation Sheet, including continuation sheets when required. D. Execute certification by signature of authorized officer. E. Use data from approved Schedule of Values. Provide dollar -value in each column for each line item for portion of work performed and for stored products. F. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of work: PRICE AND PAYMENT PROCEDURES © 2013 Stantec 1 193801917 012000-1 1. List Schedule of Values to reflect applicable trade items in CSI format for authorized Change Orders. G. List each authorized and accepted Alternative as a separate line item, listing Alternative number and dollar amount: 1. List Schedule of Values to reflect applicable trade items in CSI format for authorized Alternatives. H. List each allowance as a separate line item, listing allowance number dollar amount: 1. Whenever possible, list Schedule of Values to reflect applicable trade items in CSI format for allowances. I. Submit 4 copies of each Application for Payment. 1. Include the following with the application: 1. Affidavits attesting to off-site stored products. K. When Architect requires substantiating information, submit data justifying dollar amounts in question. Provide 1 copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 1.05 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying Total Adjusted Contract Sum, previous payments, and sum remaining due. B. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Sections 0170 00, 0178 23, 0178 36, and 0178 39. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. Remove temporary protection devices and facilities. 8. Submit final releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. 9. Submit a copy of the Architect Final Punch -List of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance. 10. Submit Consent of Surety Company to Final Payment (AIA Document G707). 11. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 12. Submit final meter reading for utilities and similar data either as of the Date of Substantial Completion or the date when the Owner took possession of and responsibility for corresponding elements of the work. 13. Submit proof satisfactory to Owner that taxes, fees, and similar obligations of Contractor have been paid (AIA Documents G706 and 706A). 14. Change over door locks and other Contractor's access provisions to Owner's property. 15. Submit lien waivers from Contractor, subcontractors, and material suppliers in the full amount of the Contract. PRICE AND PAYMENT PROCEDURES © 2013 Stantec l 193801917 0120 OD - 2 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES OO 2013 Stantec 1193801917 012000-3 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 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. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Excel Energy. S. Gas: CenterPoint Energy. 6. Telephone: Centuryiank. 7. Cable TV: Comcast. C. Owner requires a 48-hour notice for all utility interruptions. 1.03 PERMITS A. Apply for, pay all fees, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. B. Apply for, pay all fees, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. C. All state and county inspection fees shall be paid for by the Contractor. D. The Contractor shall make all arrangements. 1.04 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. Contractor shall distribute meeting minutes to subcontractors. PROJECT MANAGEMENT AND COORDINATION C 2013 Stantec 193801917 013100-1 B. Preconstruction Conference: 1. Architect will schedule a meeting at the Site prior to Contractor occupancy. 2. Attendance Required: Contractor, Owner, Architect, major consultants, Contractor's superintendent, and major subcontractors. 3. Agenda: a. Designation of personnel representing the parties in Contract and the Architect. b. Procedures and processing of field decision, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. c. Scheduling. d. Use of premises by Owner and Contractor. e. Owner's requirements and occupancy prior to completion. f. Construction facilities and controls provided by Owner. g. Security and housekeeping procedures. h. Application for payment procedures. i. Procedures for maintaining record documents. j. Requirements for start-up of equipment. k. Inspection and acceptance of equipment put into service during construction period. 4. Contractor shall record minutes and distribute copies within 5 days after meeting to participants, with copies to Architect, Owner, participants, and those affected by decisions made. C. Progress Meeting Procedures: 1. Architect 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. 1.05 CONSTRUCTION SCHEDULING A. Coordinate access with City to ensure access to the facilities is maintained. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2013 stantec 1193801917 013100-2 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 Lump Sum 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 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. 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 Architect, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Architect. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8-1/2 inch by 11 inch paper outlining 24 flour 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: SUBMITTAL PROCEDURES 2013 Stantec 1193801917 0133 00 -1 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. In addition to requirements in the General Conditions, shop drawings shall contain sufficient specific information to allow Architect to determine compliance with the specifications and standard of quality established therein. C. The minimum sheet size shall be 8-1/2 inches by 11 inches. Non -legible copies will not be reviewed. D. Submit a minimum of 4 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 Architect's stamp. 7. Numbered sequentially in chronological order of submission. Resubmittals shall include nomenclature to indicate revision from earlier submittals. E. Contractor shall reimburse Architect for evaluating more than 2 re -submittals on the same item. F. Architect's review will be in conformance with the requirements of the General Conditions, except as modified herein. G. Architect will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the 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. "Approved 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 Architect. 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 resubmittal procedures described in the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it 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. Contractor shall conform to the resubmittal procedures described in the General Conditions. SUBMITTAL PROCEDURES © 2013 Stantec 1 193801917 013300-2 H. Architect will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Architect to expedite return delivery, Contractor shall notify Architect in writing and reimburse Owner for delivery plus 15 percent mark-up. 3.04 OPERATION AND MAINTENANCE MANUALS A. Conform to the requirements of Section 0178 23. 3.05 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specifications. 3.06 WARRANTIES A. Conform to the requirements of Section 0178 36. END OF SECTION SUBMITTAL PROCEDURES ©2013 Stantec 1 193801917 013300-3 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. 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 Lump Sum 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 0133 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 0133 00. 3. Items not approved as "or -equal" may be resubmitted as a Substitute Item. 4. Engineer will review Substitute Item requests that conform to General Conditions Article 6.05.A2d and include, at a minimum, the following additional supporting documentation: a. Drawings and specifications. b. Installation lists. c. Performance data, including equipment capacity, strengths, weights, and dimensions. d. Catalog cut -sheets. e. Lists of deviations from and exceptions to the Specifications. f. Detailed information for all buy-out items, including motors and drives. g. Lists of materials of construction. h. Maintenance schedules of equipment, including buy-out items. i. Other information deemed necessary at the discretion of Engineer. 5. Incomplete submittals will be returned to Contractor without review. 6. Contract times will not be modified due to substitute and "or -equal" review process. 7. Engineer shall not have to prove that an item is not an `or -equal." 8. Owner does not have to accept proposed Substitute Items. PRODUCT REQUIREMENTS © 2013 Stantec 1 193801417 016000-1 1.05 SUBTITUTE ITEMS A. Procedures During Bidding: 1. Conform to the requirements of the Instructions to Bidders. B. Procedures During Construction: 1. Substitute material or equipment items accepted by the Owner and included in the award of Contract become named materials or equipment. 2. Submit shop drawings and material certifications consistent with Section 0133 00. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION 3.01 DELIVERY A. Contractor shall inspect all products, equipment, and materials upon arrival at site. Contractor shall note any damage and be responsible for corrective action. Damaged products, equipment, or materials are not acceptable. B. Transport and handle products in accordance with the manufacturer's instructions. Contractor shall receive all products to be incorporated in the project and shall provide equipment and labor necessary to unload and transport products. C. Handle and lift products only at designated lift points and by methods to avoid soiling, disfigurement, bending, over stressing, and damage. D. 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. E. Store loose granular materials on clean, solid, flat surfaces, and prevent mixing with foreign matter. Store fabricated products supported above the ground on skids or blocking. Provide surface drainage to prevent erosion and ponding of water. F. Cover products subject to discoloration or deterioration with impervious sheet covering and protect products from soiling and staining. G. 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. H. Attach applicable manufacturer's service instructions labeled "STORAGE SERVICE INSTRUCTIONS ENCLOSED" to exterior of each stored product. I. Inspect, maintain, and service stoned products on a regularly scheduled basis, consistent with the manufacturer's instructions. J. Record inspection, maintenance, services performed, and keep log available for review. - PRODUCT REQUIREMENTS c0 2013 Stantec 1193801917 016000-2 K. Traffic control required for all deliveries to and from the Site(s) shall be the responsibility of the Contractor. All flagmen, barricades, flares, and safety measures are the sole responsibility of the Contractor. 3.02 STORAGE AND HANDLING A. Protect from damage all materials and equipment to be used in the completed facility. B. Provide temporary Site security fencing around storage areas and as indicated on the Drawings C. The Contractor shall provide the Owner and Engineer with Keys or combinations to any locks that may be used to secure fencing gates. D. Storage areas and hazardous areas shall be protected by use of chain link fence around the perimeter of the area. This fencing is in addition to any other fencing required for Site containment. 3.03 OWNER SUPPLIED PRODUCTS A. The Contractor shall be responsible for removal, protection, storage, delivery, and installation of all Owner furnished equipment or materials, unless otherwise specified. B. The Contractor shall be required to make all modifications to structures, equipment, and power to provide a complete and working installation of the Owner furnished products. C. The Contractor shall provide any materials or equipment required for the installation of the Owner supplied products, including but not limited to electric wire and conduit, pipes, anchors, and supports. D. The Contractor shall be responsible for inspection of any existing Owner furnished products to verify characteristics prior to Bidding. E. Install Owner furnished equipment in accordance with manufacturer's recommendations and as specified in other Sections. F. All costs associated with the complete installation of Owner furnished equipment shall be considered incidental to the Project, unless otherwise specified. END OF SECTION PRODUCT REQUIREMENTS ©2013 Stantec s 193801917 016000-3 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 Lump Sum Bid. 1.03 SUBMITTALS A. Submit the following items consistent with 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, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. b. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. 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. By commencing work, Contractor accepts existing conditions. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 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. EXECUTION REQUIREMENTS @ 2013 Stantec 1 193801917 017000-1 B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of Work from incompatible work as necessary to prevent deterioration. D. Coordinate space requirements and installation of mechanical and electrical work indicated on Drawings. Follow routing shown for pipes, ducts, and conduit; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of Work at industry recognized standard -mounting heights for the particular application indicated, where mounting heights are not indicated. F. Conceal pipes, ducts, and wiring within the construction in finished areas, except as otherwise indicated. Coordinate locations of fixtures and outlets with finish elements. G. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 EQUIPMENT VARIATIONS A. Contractors are advised that because of manufacturer's variations in equipment design changes from Drawings in piping arrangement and layout, electrical and control circuitry, and related dimensions of equipment foundation and anchorage details may be required for equipment installations. B. Equipment requiring minor deviations in the system layout, such as minor piping revisions, will be acceptable; however, the Contractor shall include all costs associated with the deviation in their Bid. Should the deviation require revisions in the design of the facility, the Contractor shall reimburse the Owner for the cost of any redesign. C. Electrical and mechanical piping, conduits, and ducts are shown schematically and shall be located by the Contractor to avoid any conflicts. Contractor shall coordinate work of all subcontractors and make minor relocations as necessary at no change to the Contract Price. 3.04 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 Architect. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings to be removed. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Architect 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. EXECUTION REQUIREMENTS © 2013 Stantec 1 193801917 017000-2 3.05 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.06 FINAL CLEANING A. Wash and polish all glass surfaces. B. Dust, vacuum, wash, and clean all spaces, duct work, light fixtures, equipment, electrical work, and all other components of the Work. Remove all stains, dust, and dirt. C. Wash, clean, and sterilize plumbing fixtures. D. Replace burned out lamps. Replace all HVAC filters. 3.07 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new Work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.08 SPECIAL TOOLS A. Provide any special tools, jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. C. Provide neat and substantial metal tool box with hinged cover and lifting handles or metal cabinet with hinged door. 3.09 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. B. Deliver spare parts to Owner in original manufacturer's wrapping or container at substantial completion. EXECUTION REQUIREMENTS © 2013 Stantec 1 193801417 017000-3 C. Contractor and Owner shall inspect spare parts and sign a document verifying transfer of spare parts to Owner. 3.10 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 withhold ing.tax@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2013 Stantec 1 193801917 017000-4 SECTION 01 78 23 OPERATION AND MAINTENANCE MANUALS PART i GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for Operation and Maintenance Manuals. 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 Lump Sum Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with Contractor's schedule of submittals. B. Operation and Maintenance Manuals must be approved before placing equipment into operation. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 SUBMITTAL PROCEDURES A. Submit 2 preliminary paper copies and one electronic copy of the Operation and Maintenance Manuals 30 days prior to equipment startup for review by the Architect. Architect will review and return one set to the Contractor marked "Approved," "Approved as Noted," "Revise and Resubmit," or "Rejected" consistent with Section 0133 00. B. Electronic copy shall be in Adobe Acrobat format. Electronic copy shall include bookmarks. C. After the Operation and Maintenance Manuals have been corrected, submit 3 final paper copies and 1 final electronic copy. D. Manuals shall include detailed equipment drawings and explicit instructions on the operation and maintenance of each piece of equipment furnished on the Project. E. Operation and Maintenance Manuals shall be submitted separately from shop drawings. 3.02 OPERATION AND MAINTENANCE MANUALS A. Manuals are required for all equipment, accessories, devices, etc. that require adjustment, maintenance, operation, or repairs by the Owner's personnel, including driver, motors, controls, etc. All information shall be supplied by the appropriate equipment manufacturers, neatly bound in rigid cover ring type binders by the Contractor, and properly indexed. Manuals shall include record OPERATION AND MAINTENANCE MANUALS © 2013 Stantec 1 193801917 01 78 23 -1 shop drawings and copies of factory certified tests. Each manual shall contain the following information where applicable: 1. Operation and Maintenance Manuals shall be clearly identified as operation and maintenance submittal. 2. All performance and design characteristics and unit identification, such as model and serial numbers. 3. All accessories or options furnished with unit. 4. Complete instruction on lubrication, testing, balancing, etc. 5. List of recommended lubricants. 6. Step-by-step instructions for repair or overhaul. 7. Parts list and parts diagram. 8. Long-term and short-term storage and shut -down procedures. 9. Trouble -shooting instructions. 10. Assembly and disassembly instructions. 11. Wiring diagrams. 12. Copy of approved/revised shop drawings. 13. Listing of spare parts the Owner should keep on hand as recommended by the manufacturer. 14. Name and phone number of supplier and manufacturer where repair parts or additional information can be obtained. 15. Copy of warranty. B. Each manual shall be specifically for the items actually installed. Where manuals show a number of models or options, the manual shall be clearly marked to indicate what was furnished and which instructions apply to the furnished unit. C. Superfluous information pertaining to other models, options, etc. not furnished shall be clearly crossed out or otherwise eliminated. f=ailure to meet this Section of the Specifications will result in payment reduction. D. Manuals shall also contain any technical bulletins, memos, and like documents referenced by the manufacturer's manual. E. Manuals shall also contain additional data deemed necessary by the Architect to provide Owner with complete operational and maintenance data for the product or equipment provided as part of the Work. END OF SECTION OPERATION AND MAINTENANCE MANUALS © 2013 Stantec : 193801917 017823-2 SECTION 01 78 36 WARRANTIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Warranties for the Work of this Project. 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 Lump Sum Bid. 1.03 SUBMITTALS A. Bind in commercial quality, 8-1/2 inch by 11 inch, 3 -ring, side binders with hardback, cleanable, plastic covers. B. Table of Contents: Provide neatly typed, Table of Contents matching that of the Project Specifications with each item identified with the number and title of the Specification Section in which specified and the name of the product or work item. C. Label cover of each binder with typed or printed title WARRANTIES with title of Project; name, address, and telephone number of Contractor and equipment supplier; and name of responsible principal. D. Separate each warranty keyed to the Table of Contents listing. Provide full information using separate typed sheets as necessary. List subcontractor, supplier, and manufacturer with name, address, and telephone number of responsible principal. 1.04 PREPARATION OF WARRANTIES A. Obtain warranties executed in duplicate by responsible subcontractors and suppliers within 10 days of completion of the application item or Work. Leave date of beginning of time of warranty blank until the Date of Substantial Completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co -execute submittals when required. D. Retain warranties until delivery time indicated below. 1.05 DELIVERY A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. B. Within 10 days after Architect's declared and written confirmation of the Date of Substantial Completion. WARRANTIES C 2013 Stantec 1 193601917 017836-1 C. For items of Work when acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. 1.06 LENGTH OF WARRANTY A. Minimum length of all equipment warranties shall extend through the Correction Period. B. Length of Warranties: Conform to the requirements of the Specifications. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION WARRANTIES © 2013 Stantec 1 193801917 017836-2 SECTION 01 78 39 PRO]ECT RECORD DOCUMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for Project record documents. 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 be included in the Lump Sum Base Bid. 1.03 SUBMITTALS A. At completion of Project, deliver Project Record Documents to the Architect prior to request for Final Payment. B. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date. 2. Project Title and Project number. 3. Contractor's name and address. 4. Title and number of each record document. 5. Certification that each document as submitted is complete and accurate. 6. Signature of Contractor or his authorized representative. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A. Maintain at the Site 1 copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. RFI's (Requests for Information) and RFI Responses, 5. Proposal Requests. 6. Change Orders. 7. Reviewed Shop Drawings, Product Data, and Samples. 8, Field Test Records. 9. Other Modifications to the Contract. B. Store documents separate from documents used for construction. C. Maintain documents in clean, dry, legible condition. PROJECT RECORD DOCUMENTS © 2013 Stantec 1193801917 017839-1 D. Do not use record documents for construction purposes. E. Ensure entries are complete and accurate, enabling future use by Owner. F. Record information concurrent with construction progress. Failure to maintain documents up-to- date will be cause for withholding payments. G. Make documents available for inspection by Architect and Owner. H. Record Drawings and Shop Drawings 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to a final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to finished first floor datum. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Field Order. f. Details not on original Contract Drawings. I. Specifications and Addenda 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. b. Product substitutions or alternates utilized. c. Changes made by Change Order or Field Order. d. Other items not originally specified. END OF SECTION PROJECT RECORD DOCUMENTS © 2013 Stantec 193801917 017839-2 SECTION 01 92 00 FACILITY OPERATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedural requirements for starting and placing in service systems and equipment. 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 Lump Sum Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Section 0133 00: 1. Operating data and field-testing results. 2. Start-up schedule for equipment and systems. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Provide checkout services, start-up, demonstration, and training for each individual piece of equipment. B. Provide checkout services, start-up, demonstration, and training for each system. C. Provide checkout services, start-up, demonstration, and training for Project as a functioning whole. D. Multiple mobilizations and service trips will be required. 3.02 SERVICE REPRESENTATIVE A. Provide qualified service representatives as necessary to inspect equipment after it is installed to assure that all details of installation are correct, to confirm that equipment is prepared for operation in accordance with manufacturer's instructions and recommendations, and to confirm that equipment is ready for incorporation into other systems and components of the Work. B. Qualified service representative shall check connections to equipment and adjust, or supervise adjustment of control and indicating devices after equipment has been installed and connected, and to fully instruct Owner's operating personnel in operation and maintenance of equipment. C. Provide qualified service representatives to supervise preliminary operation of equipment and perform adjustments as necessary. © 2013 Stantec l 193801917 FACILITY OPERATION 019200-1 3.03 CHECK OUT SERVICES A. Prepare all equipment installed under this Contract for operation. B. Follow instructions and recommendations of service representatives representing manufacturers of equipment installed and make adjustments necessary for proper operation. C. Rotating equipment shall be checked for vibration and equipment bases grouted prior to start-up. Rotation shall be verified. D. All electrical and mechanical systems shall be thoroughly checked and system operation simulated prior to start-up to minimize malfunctions during start-up. E. Equipment shall be lubricated prior to operation in accordance with manufacturer's instructions. F. Provide Owner a minimum of 1 week notice prior to checkout procedures so that operating personnel can be scheduled to participate. G. Operation and Maintenance Manuals must be approved by the Architect prior to checkout services on equipment. 3.04 SYSTEM AND EQUIPMENT START-UP AND DEMONSTRATION A. Provide written certification that checkout services have been completed and 1 week notice prior to start-up and demonstration. B. Place various items of equipment into operation along with related piping and control systems at times acceptable to Owner. After satisfactory start-up of these systems and their related equipment, they will remain in continuous or intermittent operation as required by the Owner. C. All equipment and accessories shall be adjusted and calibrated prior to any start-up and any equipment placed into temporary operation prior to Final Completion of the Total Project shall be readjusted and/or recalibrated as necessary. D. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and/or systems during start-up. E. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and/or systems during a period of 3 calendar days after the new equipment and/or system is placed in operation. Contractor shall remain responsible for making any required changes, repairs, or replacements to the new installation for a period of 3 calendar days after the Project is determined to be Substantially Complete. F. No system start-ups will be held on holidays, Fridays, or the day before a holiday. 3.05 INSTRUCTION OF OWNER'S EMPLOYEES A. Following start-up and demonstration, the Contractor shall provide competent personnel who fully understand the operation of the equipment to instruct the Owner in the operation and maintenance of each item and system. B. Such instruction shall take place prior to acceptance of the installation by the Owner, at such a time or times that are acceptable to Owner. FACILITY OPERATION © 2013 5tantec 1 193801917 019200-2 C. Training time requirements for equipment and systems are included in the Specifications. The stated training times are the time required for operator instruction only. Time spent for checking systems, testing, balancing, calibration, and start-up are not considered instruction or training time. D. The time of instruction specified shall be time actually spent at the Site and shall not include travel time. 1 day shall be considered 8 hours. END OF SECTION FACILITY OPERATION O 2013 Stantec I 1938(?1917 01 92 00 - 3 SECTION 02 41 19 SELECTIVE DEMOLITION PART 1 GENERAL 1.01 SECTION INCLUDES A. Removal of existing built-up roofing system and insulation over the Cold Storage portion of the New Hope Public Works Facility and the roof area immediately south. Removal of the existing prefinished metal fascia at the north, east and south walls of this roof area, including 3 scuppers. Careful removal of the existing prefinished metal fascia/coping system at the west wail of these roof areas for modification to accommodate the additional roof insulation thickness of the new roofing system and re -installation after the new roofing system installation has been completed. 1.02 MEASUREMENT AND PAYMENT A. This Work shall include the removal of all items encountered during construction, whether in view or hidden underneath the surface of the roofing system, regardless of whether shown on the Drawings. Bidders are strongly encouraged to arrange with the Owner a Site visit and/or review existing plans of the facility. B. All other Work and costs of this Section shall be incidental to the Project and included in the Lump Sum Bid. 1.03 SUBMITTALS A. Shop Drawings: Indicate demolition and removal sequence; location and construction of barricades, fences, and temporary work. 1.04 PROJECT RECORD DOCUMENTS A. Accurately record locations of capped utilities and subsurface obstructions on the Contractor's record drawing set. 1.05 REGULATORY REQUIREMENTS A. Except as modified by governing codes and by this Specification, comply with the applicable provisions and recommendations of ANSI A-10.2, Safety Code for Building Construction and OSHA. B. Conform to applicable code for demolition of structure, safety of adjacent structures, and dust control. C. Obtain required permits from authorities. D. Notify affected utility companies before starting Work and comply with their requirements. E. Do not close or obstruct roadways, sidewalks, or hydrants without permits. F. Conform to procedures applicable when discovering hazardous or contaminated materials. © 2013 Stantec 1193801917 SELECTIVE DEMOLITION 024119-1 1.06 SCHEDULING A. Before commencing any alteration or demolition work, submit for review and approval of the Owner, a schedule showing the commencement, the order, and the Completion Dates for the various parts of this Work. B. Before starting any Work relating to existing utilities that will be temporarily discontinue or disrupt service to or within the existing building, notify the Owner 72 hours in advance and obtain the Owner's approval before proceeding with this phase of the Work. PART 2 PRODUCTS 2.01 MATERIALS A. Products required to complete the Work, including protective coverings, platforms, barriers lights, water and other items required by this Section. PART 3 EXECUTION 3.01 PROTECTION A. Provide, erect, and maintain barriers and security devices. B. Protect existing nearby trees and landscaping materials, appurtenances, and structures which are not to be demolished. C. Prevent movement or settlement of nearby structures which are not to be demolished. D. Mark location of utilities. E. Make such explorations and probes as are necessary to ascertain any required protective measures before proceeding with demolition and removal. Give particular attention to shoring and bracing requirements so as to prevent any damage to existing building. F. Provide, erect, and maintain catch platforms, lights, barriers, weather protection, warning signs, and other items as required for proper protection of the workmen engaged in demolition operations, public, and adjacent construction. G. Provide and maintain weather protection at exterior openings so as to fully protect the interior premises against damage from the elements until such openings are closed by new construction. H. Provide and maintain temporary protection of the existing structure designated to remain where demolition, removal, and new Work is being done, connections made, materials handled, or equipment moved. I. Take necessary precautions to prevent dust and dirt from rising by wetting demolished masonry, concrete, plaster, and similar debris. Protect unaltered portions of the existing building affected by the operations under this Section by dust proof partitions and other adequate means. J. Provide adequate fire protection in accordance with local Fire Department requirements. K. Do not close or obstruct walkways without the authorization of the Engineer. Do not store or place materials in means of egress. Conduct operations with minimum traffic interference. SELECTNE DEMOLMON © 2013 5tantec 1193801917 02 41 1 - 2 �. Assume responsibility for any damage to the existing structure or its contents resulting from the insufficient protection. 3.02 GENERAL REQUIREMENTS A. Conduct demolition, removal, and alteration work to minimize interference with nearby structures. Cease operations immediately if nearby structures appear to be in danger and notify Owner. Do not resume operations until directed. B. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times. C. Conduct operations with minimum traffic interference. D. Do not traverse or infringe upon adjacent properties. E. Owner shall have the right to keep any removed/salvaged items. Contractor shall review with Owner prior to construction and on an on-going basis through construction. Contractor shall transfer salvaged items to the Owner. F. Materials or items demolished not desired to be kept by the Owner or designated to be reinstalled shall become the property of the Contractor and shall be removed from the Owner's property. All costs for removal, handling, transportation, and disposal shall be included in the Bid. G. Remove materials or items desired to be kept by the Owner with care and store in a location at the Site to be designated by the Owner. H. Materials or items designated to be reinstalled shall be as shown on the Drawings. Remove such items with care under the supervision of the trade responsible for reinstallation; protect and store until required. Replace material or items damaged in its removal with similar new material. I. Where alterations occur or new and old work join, cut, remove, patch, repair, or refinish the adjacent surfaces or so much thereof as is required by the involved conditions, and leave in as good a condition as existed prior to the commencing of the work. The materials and workmanship employed in the alterations, unless otherwise shown or specified, shall conform to that of the original work. Alteration work shall be performed by the various respective trades that normally perform the particular items of Work. J. Finish new and adjacent existing surfaces to match existing adjacent surfaces. Clean existing surfaces of dirt, grease, loose paint, and so on before refinishing. K. Where existing equipment and/or fixtures are indicated to be reused, repair such equipment and/or fixtures and refinish to put in perfect working order. Refinish as directed. L. Cut out embedded anchorage and attachment items as required to properly provide for patching and repair of the respective finishes. M. Confine cutting of existing roof areas designated to remain to the limits required for the proper installation of the new Work. Cut and fold back existing fully adhered membrane roofing. Cut and remove insulation, and so on. Provide temporary weather tight protection as required until new roofing and flashings are installed. SELECTIVE DEMOLITION 9) 2013 Stantec ; 193801917 024119-3 3.03 WORKMANSHIP A. Perform such Work required with due care, including shoring, bracing, and so on. Be responsible for any damage that may be caused by such Work to any part or parts of existing structures or items designated for reuse. Perform patching, restoration, and new work in accordance with applicable Technical Sections of the Specifications. B. Disconnect and remove/cap utilities within demolition and proposed work areas. C. Remove demolished materials from Site and dispose of in compliance with all regulatory requirements, including any contaminated, vermin -infested, or dangerous materials encountered. D. Do not burn or bury materials on Site. E. Provide, erect, and maintain catch platforms, lights, barriers, weather protection, warning signs, and other items as required for proper protection of the workmen engaged in demolition operations, public, and adjacent construction. F. Perform such work required with due care, including shoring, bracing, and so on. 3.04 PROTECTION OF REMAINING EQUIPMENT AND STRUCTURES A. The Contractor shall use great care in the removal of equipment and structures to ensure that existing equipment and structures remaining will not be damaged. B. Dust -proof partitions or other adequate means shall be erected and maintained as required to prevent dust, fumes, and smoke from spreading to other parts of the building. 3.05 PAINTING A. Patch and paint all holes left by demolition or removal. Paint and texture to match existing. 3.06 CLEAN UP A. Remove debris as the Work progresses and maintain the premises in a neat and clean condition. B. All demolition debris shall be either immediately removed from the Site or placed in approved Contractor furnished containers and remnved from the Site when container is filled. Debris shall be delivered to an approved Jandfill. C. Remove temporary Work. D. Upon Project completion, Contractor shall be responsible for all labor and material costs associated with the cleaning of the existing building. All equipment, walls, ceilings, rafters, joists, windows, etc. shall be left in the same condition as they were before the Project started. Filters for mechanical equipment shall be replaced upon Project completion. E. Leave Site in clean condition. END OF SECTION SELECTIVE DEMOLMON © 2013 Stantec 193801917 0241 19-4 SECTION 05 50 00 METAL FABRICATIONS PART 1 GENERAL 1.01 DESCRIPTION A. Furnish and install all metal fabrications. 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 be included in the Lump Sum Bid. 1.03 REFERENCES A. American Society for Testing Materials (ASTM): I. A6 — Standard Specification for General Requirements for Rolled Structural Steel Bars, Plates, Shapes and Sheet Piling. 2. A36 — Standard Specification for Carbon Structural Steel, 3. A53 -- Standard Specification for Pipe, Steel, Black and Hot -Dipped, Zinc -Coated, Welded and Seamless. 4. A108 — Standard Specification for Steel Bar, Carbon and Alloy, Cold -Finished. 5. A123 — Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products. 6. A153 -- Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Hardware. 7. A167 — Standard Specification for Stainless and Heat -Resisting Chromium -Nickel Steel Plate, Sheet and Strip. 8. A276 — Standard Specification for Stainless Steel Bars and Shapes. 9. A307 — Standard Specification for Carbon Steel Bolts and Studs, 60 ksi Tensile Strength. 10. A325 — Standard Specification for Structural Bolts, Steel, Heat Treated 120/105 ksi Minimum Tensile Strength. 11. A500 — Standard Specification for Cold -Formed Welded and Seamless Carbon Steel Structural Tubing. 12. A992 — Standard Specification for Structural Steel Shapes. 13. B209 — Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate. 14. B308 — Standard Specification for Aluminum -Alloy 6061-T6 Standard Structural Profiles. 15. F436 — Standard Specification for Hardened Steel Washers. B. Aluminum Association (AA): I. Specification for Aluminum Structures. C. American Institute of Steel Construction (AISC): 1. Specification for the Design, Fabrication, and Erection of Structural Steel for Building. 1.04 SUBMITTALS A. Submittals shall conform to Section 0133 00. METAL FABRICATIONS p 2013 Stantec 1 193801917 05 50 00 1 B. Product Data: Submit product data or manufacturer's specifications indicating compliance with requirements specified herein. C. Shop Drawings: Submit shop drawings indicating profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners and accessories. Indicate welded connections using standard AWS welding symbols. D. Submit Structural Calculations for the Aluminum Truss Support for FRP Pipe and bearing connections. Calculations shall be performed by a Licensed Professional Engineer registered in the State of Minnesota prior to fabrication of Aluminum Truss Support and bearing connections. 1.05 PRODUCT HANDLING A. Store materials to permit easy access for inspection and identification. Materials shall all be properly marked to identify the structure for which it is intended. Markings shall correspond to markings indicated on the shop drawings. B. Keep steel members off the ground using pallets, platforms, or other supports. Protect steel members and packaged materials from corrosion and deterioration. PART 2 PRODUCTS 2.01 STEEL MATERIALS A. Structural Steel Wide Flange Shapes: ASTM A992, unless otherwise indicated on the Drawings. B. Structural Steel Channels, Angles, Plate, Bars, S- and M- Shapes: ASTM A36. C. Hollow Structural Sections: ASTM A500, Grade B. D. Steel Pipe: ASTM A53, Grade B, Schedule 40, unless otherwise indicated on the Drawings. E. Anchor Bolts, Nuts, and Washers: Where bolts are anchored into concrete ASTM A307, hot dipped galvanized. F. Bolts, Nuts, and Washers Connecting Steel to Steel: ASTM A325, 3/4 inch diameter, unless noted otherwise. Washers shall conform to ASTM F436. G. Welding Electrodes and Fluxes: Conform to AWS D1.1. H. Headed Stud -Type Shear Connectors: ASTM A108, Grade 1015 or 1020, cold -finish carbon steel with dimensions complying with AISC specifications. I. Shop Paint: Conform to Steel Structures Painting Council Paint Specification No. 13. 2.02 STAINLESS STEEL A. Shapes, Bars, and Rods: ASTM A276, Type 316 or 316L. B. Sheets, Strips, and Plates: ASTM A167, Type 316 or 316L. C. Type 316L stainless steel shall be used for welded construction. r METAL FABRICATIONS © 2013 Stantec 1 193801917 055000-2 2.03 ALUMINUM MATERIAL A. Aluminum Shapes: ASTM B308, Alloy 6061-T6. B. Aluminum Sheet and Plates: ASTM B209, Alloy 6061-T6. C. Bolts, Nuts, and Washers: 300 Series stainless steel. D. Welding: Conform to AA Specification for Aluminum Structures. 2.04 CAST IRON MATERIALS A. Cast iron shall comply with the requirements of the latest Standard Specification for Cast Iron Pipe and Special Castings of the American Society of Testing Materials. 2.05 NON -SHRINK GROUT A. Non -shrink grout shall be a ready to use, non -shrink, non-metallic aggregate product requiring only the addition of water at the Site. B. Non -shrink grout shall meet the requirements of Corps of Engineers Specification CRD -C-621. 2.06 ANCHORS A. Expansion anchors for fastening to cast -in-place concrete shall be Hilti Type 316 Stainless Steel Kwik Bolts, or approved equal. Size as shown on Drawings. B. Sleeve anchors for fastening to cast -in-place concrete and solid grouted masonry shall be Hilt! Sleeve Anchors, or approved equal. Size as shown on Drawings. C. Adhesive anchors for fastening to masonry shall be Hilt! Standard HIT Anchor, or approved equal. Size as shown on Drawings. 2.07 FABRICATION A. Verify dimensions on Site prior to shop fabrication. B. Fabricate items with joints neatly fitting and properly secured. All tolerances for built-up and rolled shapes shall meet or exceed ASTM A6. C. Use only materials which are smooth and free of surface blemishes, including pitting, seam marks, roller marks, rolled grade names, and roughness. Remove blemishes by grinding, or by welding and grinding prior to cleaning, treating, and application of surface finishes. D. Shop -fabricate and assemble in shop to greatest extent possible. Sections shall be full length pieces between connections or splices. E. Grind exposed welds smooth and flush with adjacent finished surfaces. F. Supply components required for proper anchorage of metal fabrications. Fabricate anchorage and related components of same material and finish as metal fabrication, unless otherwise specified in schedule herein. METAL FABRICATIONS ® 2013 Stantec 1 193801917 055000-3 2.08 SHOP PAINTING A. Shop -paint all steel fabrications. B. Surface Preparation: After inspection and before shipping, clean steel to be painted. Remove loose rust, loose mill scale and spatter, slag or flux deposits. Clean steel in accordance with Steel Structures Painting Council Surface Preparation Specification No. 2 - Hand Tool Cleaning. C. Shop Paint: Immediately after surface preparation, apply shop paint in accordance with manufacturer's instructions at a rate to provide a uniform dry film thickness of 1.5 mils minimum. Maintain minimum coverage at joints, corners, edges, and exposed surfaces. D. In special areas indicated in Section 09 9100 use primer compatible with painting systems used. 2.09 GALVANIZING A. Galvanize structural shapes, plates, and bars in accordance with ASTM A123. B. Galvanize hardware and miscellaneous items in accordance with ASTM A153. C. All anchor bolts shall be galvanized, unless noted. 2.10 GALVANIZING COATING PAINT A. Wash Primer: Vinyl butyral acid. B. Primer: Converted epoxy, epoxy phenolic, or urethane type, minimum 14 -pounds metallic zinc content per gallon. C. Apply in strict accordance with manufacturer's specifications. PART 3 EXECUTION 3.01 ERECTION A. Install items square and level, accurately fitting, and free from distortion or defects. Shim and grout as necessary. B. Make provision for erection stresses by temporary bracing. Keep work in alignment. C. Replace items damaged in course of installation. D. Perform field welding in accordance with AWS D1.1. E. A325 Holts: Tighten bolts and provide washers in accordance with "Specifications for Structural Joints" for ASTM A325 bolts. F. Aluminum surfaces in contact with or embedded in concrete shall be coated with 2 coats of bituminous paint. METAL FABRICATIONS cQ 2013 Stantec 1193801917 055000-4 3.02 TOUCH-UP PAINTING AND CLEAN-UP A. After installation, clean and touch up field welds, bolt connections, and scratched and damaged prime painted surfaces. Use a primer consistent with shop coat. B. Repair damaged or scratched galvanized coatings. Solvent clean damaged area with a wash primer, 1 coat, 4 -mil dry film thickness. Clean by hand tool, power tool, or brush off blast. Apply 3 coats of organic zinc paint with a minimum dry film thickness of 3 mils per coat. 3.03 SCHEDULE OF ITEMS A. Supply and install metals indicated on the Drawings and listed herein complete with accessories, anchorages and attachments necessary for complete installation. B. Framing, Supports, and Lintels: 1. Provide framing members, supports, lintels, and required conncctions as shown on the Drawings. 2. Fabricate steel to sizes, shapes, and profiles shown. Unless otherwise indicated, fabricate steel shapes, plates, and steel bars of welded construction using mitered joints for field connection. Cut, drill, and tap units to receive hardware and similar items. 3. Loose angle lintels and lintel beams shall be detailed for a minimum bearing of 8 inches, unless otherwise indicated. END OF SECTION FABRICATIONS METAL © 055502013 Stantec 1 193801917 0 0000 - 5 SECTION 06 10 00 ROUGH CARPENTRY PART1 GENERAL 1.01 DESCRIPTION A. Work under this Section Includes: I. Dimension/framing lumber. 2. Bracing, blocking, sills, milers and miscellaneous components. 3. Wall, floor and roof sheathing. 4. Rough framing connection and anchorage hardware. 5. Related accessories and miscellaneous materials. 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 be included in the Lump Sum Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. A307 — Specification for Carbon Steel Bolts and Studs. 2. D226 — Specification for Asphalt -Saturated Organic Felt Used in Roofing and Waterproofing. 1.04 SUBMITTALS A. Submittals shall conform to Section 0133 00. B. Product Data: Manufacturer's specifications and technical data, including the following: 1. Detailed specification of construction and fabrication. 2. Manufacturer's installation instructions. C. Shop Drawings: Show dimensioned layout, materials provided, connection details, etc. D. Samples: Submit as requested by the Arch itect/Engineer. 1.05 QUALITY ASSURANCE A. Lumber Standards: Conforming to Voluntary Product Standard PS20. Mark material with official grade mark of specified agency. Grading rules of the following agencies apply: 1. West Coast Lumber Inspection Bureau (WCLIB). 2. Western Wood Products Association (WWPA). 3. Southern Pine Inspection Bureau (SPIB). 4. Redwood Inspection Service (RIS). B. Plywood Standards: Conforming to Voluntary Product Standard PS1 and identified with appropriate grade and trademark of American Plywood Association (APA). Mark material with official grade mark of specified agency. ROUGH CARPENTRY C 2013 Stantec 1 193810917 061000-1 C. Lumber Certification: Identified with grade stamp of an agency certified by National Forest Product Association (NFPA): 1. Dimensional Work: Conform to NFPA "National Design Specifications for Stress -Grade Lumber and Its Fastenings." 1.06 DELIVERY, STORAGE, AND HANDLING A. Storage and Protection: Comply with manufacturer's recommendations: 1. Store lumber and plywood not less than 6 inches above ground on framework of blocking, and cover with protective waterproof covering providing for adequate air circulation or ventilation. 2. Protect corners of sheet materials from damage while handling. 3. Fire Retardant Materials: Comply with treatment manufacturer's requirements. PART 2 PRODUCTS 2.01 MATERIALS A. Framing Lumber: Nominal and actual dimensions conforming to PS20, not more than 19 -percent moisture content, surfaced 4 sides (S4S), unless otherwise indicated: 1. Douglas Fir, Larch, Hem -Fir: Grade WCLIB or WWPA No. 2, or better. 2. Southern Pine: Grade SPIB No. 2, or better. 3. Southern Yellow Pine: Grade SPIB No. 2, or better. 4. Mixed white woods (S -P -F): No. 2, or better. B. Exposed Blocking and Other Miscellaneous Wood Framing: 1. Construction Grade No. 1, or better, Douglas Fir -Larch, Hem -Fir, and Western Hemlock, or mixed white woods (S -P -F). 2. Where Exposed Material: Sound, straight, clean, and smooth (sand if required). C. Concealed Blocking: Standard Grade No. 2, or better, Douglas Fir -Larch, Hem -Fir, Western Hemlock, Southern Pine, or mixed white woods (S -P -F). D. Wood Furring Strips: Thickness as indicated on Drawings, or equivalent thickness to match infill material, but not less than 2 inches wide by 3/4 inch thick. 2.02 PRESERVATIVE TREATMENT A. Wood Preservative Treatment: Lumber and plywood shall be pressure impregnated with Copper -8 Quinolinolate oil -borne water repellent fungicide by Hoover Treated Wood Products, Inc.: 1. Deliver treated wood with moisture content specified for untreated wood. Treat wood after cutting to shape, except cutting to length may be done in the field. 2. Treat and quality mark each piece over 1 inch by 4 inches, following AWPB standards. 3. Acceptable Manufacturers and Products: a. Hoover Treated Wood Products, Inc.: Cop -8. b. Hickson Corporation: Natural SelectTm Wood c. Osmose Wood Preservers Company of America, Inc.: Advance Guard@. B. Schedule of Preservative Treatment: 1. AWPB, LP -22 (60 -percent retention), or equivalent: a. Wood set into ground or concrete. 2. AWPB, LP -2 (40 -percent retention), or equivalent: a. Treat wood used in connection with roofing, flashing, and waterproofing. © 2013 Stantec 1 193810917 061000-2 b. Wood in contact with concrete or masonry construction, including sills, plates, nailers, and blocking. c. Other materials indicated as "treated" on Drawings. 2.03 ACCESSORIES A. Rough Hardware General: Furnish rough hardware required, including nails, screws, anchor bolts, J -bolts, lag screws, cinch anchors, strap anchors, toggle bolts, shot anchors, and similar items: 1. Select rough hardware of proper size and type for use intended and for materials to be fastened. Furnish sufficient hardware to ensure substantial and positive anchorage. 2. Use hot dip galvanized or aluminum at exterior work. B. Nailing into wood plugs is not acceptable for any Work. Where shot anchors are used, they shall be of type and size recommended by manufacturer for conditions of use. C. Bolts: Course thread, not plated with washers and nuts. D. Anchor Bolts With Nuts and Washers: ASTM A307, 1/2 inch diameter, unless otherwise indicated, threaded 1 end with 1-1/2 inch right angle bend opposite end. Determine bolt length by the following embedment requirements: 1. Not less than 7 -inch embedment into concrete or horizontal masonry joints. 2. Not less than 15 -inch embedment into vertical masonry joints. E. Expansion Bolts: Hilti Stainless Steel Kwik Bolts, or approved equal. Size as shown on Drawings. F. Adhesive Anchors: Heavy-duty vinylester resin adhesive anchors sized by manufacturer for specific application and substrate: 1. Acceptable manufacturers and products: a. Hilti Corp.: HIT Anchor Series. b. Comparable products by The Rawlplug Company, Inc. G. Nails: Bright finish steel for interior and galvanized steel for exterior. H. Membrane Tape: 30 mil thick rubberized asphalt and polyethylene seam tape. Apply around windows, exterior frames, louvers, etc.: 1. Width: 6 inches; a. Acceptable Manufacturer and Product. b. W. R. Grace & Co., Construction Products Division: Perm -A -Barrier wall seam tape. I. Building Paper: 15 -pound asphalt saturated felts conforming to ASTM D226 with a perm rate of 5 perms (non -perforated). J. Construction Adhesive: Conform to APA Specification AFG-01. K. Wire Mesh: Contractor has the option to use any of the following: 1. 2 inches square, welded wire mesh, pregalvanized. Wire size 0.080 inch, McNichols Co., or similar. 2. 2-1/2 inch square galvanized interwoven diamond wire mesh. 11 -gauge. 3. 1/4 inch mesh by 23 -gauge galvanized hardware cloth, 30 inch roils. 0 2013 Stantec ; 193810917 ROUGH CARPEN-MY 961000-3 PART 3 EXECUTION 3.01 ERECTION A. Install all Work plumb, level, true, and square. B. Use appropriate nails and glue for materials to be installed. C. Do not notch, bore, or cut members for pipes, ducts, conduits, or other reasons, except as shown on the Drawings or as approved by the Engineer. D. Provide full bearing for members. Where framing members slope, cut or notch ends to give uniform bearing surface. E. Make all studs single length and unspliced. F. Frame all corners and intersecting walls with 3 or more studs. G. Apply preservative treatment at all field cuts, drilled holes, or other areas where pre-treatment has been damaged. 3.02 FASTENING A. Use common wire nails of the size and quantity specified in the Building Code, unless shown otherwise. B. Remove and replace all split wood. C. Drill bolt holes 1/16 inch larger in diameter than the bolts being used. D. Use washers under head and nut of all bolts. E. Pre -bore holes for lag screws the same diameter as the root of the thread. F. Screw all lag screws and wood screws into position. Do not drive. END OF SECTION ROUGH CARPENTRY © 2013 Stantec 1 193810917 061000-4 SECTION 07 55 13 MODIFIED BITUMEN ROOFING SYSTEM PART 1 GENERAL 1.01 DESCRIPTION A. Work includes: 1. Remove existing built-up roofing system down to the existing supporting substrate. Remove all existing base flashings, counter flashings, pitch pans, pipe flashings, and vent flashings. 2. Install new high density fiberboard over new roof insulation at those areas defined on the Drawings as requiring roofing system replacement. Fiberboard shall be mechanically fastened through the roof insulation to the existing metal roof decking as necessary to comply with I-90 wind uplift requirements. The new high density fiberboard shall be compatible with the roofing system. 3. Install a new, 4 -ply, hot mopped SBS modified bitumen roof system (MBR -1), using 3 plies of fiberglass reinforced, smooth surfaced, hot mopped SBS modified membrane, and a fiberglass reinforced, mineral surfaced hot mopped SBS modified bitumen cap sheet. 4. Applicator is SOLELY responsible for accuracy of all measurements and estimates of material, quantities, and sizes. B. Related Sections: 1. Section 02 41 19 — Selective Demolition. 2. Section 06 10 00 — Rough Carpentry. 3. Section 07 62 00 — Sheet Metal Flashing and Trim. 4. Section 07 92 00 — Joints Sealants. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM): 1. D6163, Type I: Standard Specification for SBS Modified Grade G Bituminous Sheet Materials Using Fiber Glass Reinforcements. 2. C1289, Type II: Insulation Board, Faced Class 1, Grade 2 Rigid Cellular Polyisocyanurate Thermal Insulation Board. 3. D4586-86: Asphalt Cement - Asbestos free. 4. D41: Asphalt Primer (Low VOC). B. Federal Standards: HH -I-1972/3 Polyisocyanurate high thermal insulation board, faced on both sides of insulation. C. Factory Mutual Engineering Corp.: Class I, Wind Rating, IA -90 Approval, as determined in accordance with FMRC Standard 4470. 1.04 QUALITY ASSURANCE A. Installing Contractor: Company with a minimum of 5 years documented experience and approved by submitted materials manufacturer for a minimum of 5 years in good standing. MODIFIED BITUMEN ROOFING SYSTEM © 2013 Stantec 193801917 075513-1 1.05 PRE -ROOFING CONFERENCE A. After Contract award, hold roofing pre -construction conference at the Site not more than 1 week prior to beginning roofing. B. Attendance Is Mandatory For: Roofing contractor, roofing foreman, rooflng manufacturer's representative and Owner's representative, mechanical subcontractor, sheet metal subcontractor, plumber, electrician, and anyone else responsible for items penetrating or in contact with roof. C. Agenda: 1. Review in detail Owner's Specifications, Roof Drawings, and all roof and flashing details. 2. If a manufacturer's specification is used, review and resolve all deviations or differences from the Owner's Specifications. 3. Review and understand Factory Mutual requirements and resolve all conflicts between FM or UL Specifications and the Owner's/Manufacturer's Specifications. 4. Review Roof Drawings for slope, deck type, drainage, membrane attachment, expansion joints, flashing, and details. Resolve all conflicts between what is considered good roofing practice and the Specifications. S. Review proposed roofing system and recommended work practices for its installation. 6. Study all Drawings to determine whether different roof areas have different requirements. 7. Designate which areas on Site will be available for use as storage and working areas. 8. Review procedures to be followed to provide proper protection of roof system during and after construction of roof. 1.06 SUBMITTALS A. Manufacturers recommended methods of installation and data to demonstrate compliance with specified requirements: 1. 3 sets of samples and data sheets for all products. 2. Certified Applicator letter from an approved manufacturer that the Contractor has been approved in good standing for no less than 5 years. 1.07 DELIVERY, STORAGE, AND HANDLING A. Store materials in a cool, dry place. B. Store roll materials on end on clean, dry, raised surface. C. Place insulation on raised surfaces and protect with waterproof tarpaulins with sufficient air circulation to prevent condensation. D. Do not install wet insulation. E. Store solvents, emulsions, and coatings in a cool, dry area between 45 and 100 degrees F_ F. Handle roll materials to prevent damaged ends. G. Allow no unlabeled materials on Site. 1.08 PROJECT CONDITIONS A. Do not apply roofing membrane during inclement weather without proper weather protection. B. Do not apply roofing membrane to damp or frozen deck surface. MODIFIED BIEWMEN ROOFING SYSTEM © 2013 Stantec 1 193801917 075513-2 C. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed during same day. D. Protect finished surfaces of building from damage during installation of roofing system. E. Protect completed roofing and flashings from damage by subsequent roofing installation and construction traffic. F. In event of damage, immediately make all repairs and replacements required by Owner. G. Comply with all applicable code, fire and safety regulations. 1.09 SUBSTITUTION A. When a particular make or trade name is specified, it shall indicate the standard required. 1.10 GUARANTEE A. Manufacturer's guarantee includes materials, workmanship, and installation to maintain roof in a watertight condition. B. Provide single source, single responsibility guarantee which covers membrane, new insulation, fasteners, bituminous flashing, walkways, and expansion joint covers. C. Provide Manufacturer's 20 Year No Dollar Limit Guarantee for the MBR -1 System. Guarantee to run from date of Final Completion/Acceptance by Owner. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURERS A. MBR -1: Johns Manville 4CID/4FID/4PID. B. Comparable products from: 1. GAF. 2. Firestone. 3. Celotex. 2.02 MATERIALS A. Fiberboard: 1. 1/2 inch thick high density fiberboard compatible with roofing system and secured to the existing metal roof decking through the roof insulation in a manner complying with I-90 wind uplift requirements. B. Insulation: 1. Factory Mutual Class I, Polyisocyanurate Foam Board faced with universal fiber glass reinforced facer on both sides of foam. insulation shall comply with ASTM C-1289, Type II, Class 1, Grade 2 and Federal Specification HH -I-1972/3: a. Johns Manville E'NRG'Y 3 Polyisocyanurate Roof Insulation. Minimum insulation thickness at roof drains and roof scupper shall be 1-1/2 inches. Minimum average R -Value of roof insulation shall be R-30. p 2013 5tantec 193801917 MODIFIED BITUMEN ROOFING SYSTEM 075513-3 C. Insulation Fasteners: 1. Screws and metal plates shall be tested and approved by Factory Mutual in accordance with their Standard 4470 and listed in the current FM Approval Guide as such: a. Johns Manville UltraFast Fasteners. D. Tapered Insulation — 1/4 inch per foot slope: 1. Factory Tapered Polyisocyanu rate Board, conforming to ASTM C1289. 2. Johns Manville ENRGY 3 Tapered Polyisocya nu rate Roof Insulation. E. MBR -1 Membrane Roofing: 1. Cover new specified insulation with a 4 ply hot mopped modified bitumen roofing system. Roof system will consist of 3 layers of a fiberglass reinforced, hot mopped SBS modified bitumen base membrane, and 1 layer of fiberglass reinforced, SBS modified bitumen mineral surface membrane designed for hot mopped roof systems. Surfacing shall be white granules. 2. Modified Base: A smooth, self -adhering, SBS modified bitumen membrane with a fiber glass reinforcement. Thickness shall be 0.070 inch (1.8 mm) minimum. Weight shall be 40 lbs. per 100 sq. ft. minimum. 3. Modified Cap Sheet: A fiberglass reinforced, SBS modified bitumen, mineral surfaced membrane. SBS modified bitumen membrane shall be designed for self -adhered roof systems and manufactured with a surfacing of white granules. Surface membrane must be a F.M. tested membrane meeting Class A requirements when installed in the specified system. Thickness shall be minimum, 150 mils. (3.8 mm) Thick, 100 lbs. per 100 sq. ft. meeting the criteria for ASTM D6163, Type I, Grade G: F. SBS Modified Base Flashing: 1. First layer of base flashing consisting of a smooth, hot mopped, SBS modified bitumen membrane with fiberglass reinforcement. Thickness shall be 0.070 inch (1.8 mm) minimum. Weight shall be 40 lbs. per 100 sq. ft. minimum. 2. Second layer of base flashing consisting of a granulated, fiberglass reinforced, SBS modified bitumen, surface membrane. SBS modified bitumen membrane shall be designed for hot mopped roof systems and manufactured with a surfacing of white granules. Surface membrane must be a F.M. tested membrane meeting Class A requirements when installed in the specified system. Thickness shall be minimum, 150 mils. (3.8 mm) thick, 100 lbs. per 100 sq. ft. meeting the criteria for ASTM D6163, Type I, Grade G. G. Stripping at Gravel Stops and Metal Flanges: 1. All metal must be cleaned, primed, and set onto the base sheet. 2. 1 layer self -adhering SBS Modified base felt installed over primed metal flange, set on field base plies, prior to surface membrane. 3. Cover this 1 ply strip -in with the main SBS Modified roofing membrane sheet per manufacturer's requirements. H. Cant Strip: 1. Perlite cant strip. 2. Johns Manville FesCant Plus. I. Walkways: 1. Walkway Pads: Mineral -granule -surfaced, reinforced modified asphalt composition, slip - resisting pads, manufactured as a traffic pad for foot traffic provided by roofing system manufacturer, with a pad size of 32 inch by 32 inch. J. All other materials not specifically described, but required for a complete and proper installation of roofing, shall be selected by approved manufacturer and subject to approval of Owner. MODIFIED BITUMEN ROOFING SYSTEM © 2013 Stantec 1 193801917 075513-4 PART 3 EXECUTION 3.01 PRE=PARATION A. Surface Preparation: 1. Install miscellaneous blocking, cants, nailing strips, framing, and sheathing members true, plumb, and level as required for installation of roofing system. Construct members of continuous pieces of longest possible lengths. 2. Mechanical units, curbs, roof penetrations, and all other items in contact with the roof system shall have 18 inches of separation from each other, walls and out of waterways, and have a minimum height of 8 inches above the finished surface of the roof system. All work shall conform to applicable Building Codes. 3.02 INSULATION INSTALLATION A. Base Layer: Starting at the low edge of the roof, mechanically attach 2 layers of polyisocya n u rate insulation using fasteners at the prescribed rate to achieve the FM IA -90 Wind Uplift resistance. Use additional fasteners at perimeters and corners as prescribed by Factory Mutual. Fasteners shall be no closer than 6 inches to the board edge. B. Install boards with long joints continuous and running in a direction parallel to the decking. Short joints should be staggered. ]oints should be butted tightly. C. Tapered Cricket Insulation: System should be installed as required to provide positive drainage at all roof areas. Starting at the drain sumps, install pre -formed tapered polyisocyanurate insulation per manufacturer requirements. Panels should be installed with joints butted tightly. Tapered edge strips should be installed at cricket perimeter to provide smooth transition for the membrane assembly. D. Apply no more insulation than can be completely covered with the herein specified SBS roof system on the same day. 3.03 MEMBRANE INSTALLATION A. On roof decks with slopes up to 1/2 inch per foot (41.6 mm/m), the roofing felts and modified bitumen sheets may be installed either perpendicular or parallel to the roof incline. B. Roll a 12 inch (305 mm) wide piece of one of the intermediate felts listed into a full mopping of asphalt. Over that, apply one 24 inch (610 mm) wide. Over both, apply a full width piece. The remaining felts are to be applied full width, overlapping the preceding felts by 242/3 inch (627 mm), so that at least 3 plies of felt cover the substrate at all locations. C. Apply a full width piece of one of the cap sheets listed into a full mopping of asphalt. Subsequent sheets are to be applied in the same manner, with 4 inch (102 mm) side and end laps over the preceding sheets (6 inch [152 mm] end laps for Dynal-astic products). D. Apply all felts so that they are firmly and uniformly set, without voids, into the hot asphalt. Asphalt temperature should be at the Equiviscous Temperature (EVT), f 25 degrees F (t 14 degree C), at the point of application. All felt edges shall be well sealed. The asphalt shall be applied just before the felt, at a nominal rate of 23 lbs. per square (1.1 kg/m2). When applying over insulations, more than 23 lbs, per square (1.1 kg/m2) of asphalt may be needed due to the absorbency of the insulation. For modified bitumen sheets, the asphalt temperature shall be at a minimum of 400 degrees F (204 degrees C), or at the EVT, whichever is higher, when the sheet is set into it. This higher temperature maximizes the bonding of the modified bitumen sheet. MODIFIED BITUMEN ROOFING SYSTEM C 2013 Stantec 1193801917 075513-5 3.04 FLASHING INSTALLATION A. Remove all existing base flashing materials. Preparation: Inspect walls, curb heights, counter flashings, etc., and check for conformance with minimum base flashing height of 8 inches. Bring non -conforming areas to the attention of the Owner's Representative for correction. B. Primer: Prime all masonry, metal, or concrete surfaces from the top of the roof membrane to the termination of the flashing level with asphalt primer at the rate of 1 gallon per 100 square feet or as recommended by the manufacturer. Allow the primer to dry thoroughly. C. Install 2 layers of hot mopped modified base flashing at all intersections formed by vertical surfaces and wherever curbed roof openings, wall parapets, or other structures join or penetrate the roof substrate surface. D. Install all flashing in accordance with roofing manufacturer's specification. E. Membrane Flashings at Metal Flanges (gravel stops, vents, etc.): All flange type flashings, such as gravel stops and vents, shall be primed and securely nailed 3 inches on center in a staggered pattern. The flange shall then be stripped in with 1 ply of hot mopped SBS modified base membrane prior to application of the surface membrane. F. All lead flange type flashings (at drains and lead stacks) shall be primed and the flange shall then be stripped in with i ply of hot mopped SSS modified base membrane prior to application of the surface membrane. G. Seal the juncture of all lead flashings for roof penetrations by applying a 1/2 inch bead of MBR Utility Cement. 3.05 PROTECTION OF PROPERTY A. Protective Coverings: 1. Install protective coverings at paving and building walls prior to starting the work. 2. Lap protective coverings at least 6 inches, secure against wind, and vent to prevent collection of moisture on covered surfaces. 3. Keep protective coverings in place for the duration of roofing work. B. Special Protection: 1. Provide approved special protection as necessary and prevent heavy traffic by other trades on completed work at all times. 3.06 INSPECTIONS A. Authorized representative of manufacturer supplying the roofing system shall perform a Final Inspection in the presence of the Owner's representative and provide written confirmation. END OF SECTION MODIFIED BITUMEN ROOFING SYSTEM © 2013 Stantec 1 193801917 075513-6 SECTION 07 62 00 SHEET METAL FLASHINGS AND TRIM PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Sheet metal flashing and trim. B. Related Sections: 1. Section 06 10 00 — Rough Carpentry. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 QUALITY ASSURANCE A. Install flashing according to standards of the National Roofing Contractors Association (NRCA). B. References on the Drawings to NRCA details refer to "The NRCA Construction Details," published by the NRCA. C. Sheet Metal and Air Conditioning Contractors National Association, Inc. - Architectural Sheet Metal Manual (SMACNA). 1.04 SUBMITTALS A. Shop Drawings: Show size and configuration of all items. B. Literature: Manufacturer's data and samples of standard color selection. C. Samples: Actual samples of all the manufacturers' standard colors. 1.05 GUARANTEE A. Guarantee materials and workmanship for 2 years as being watertight. B. Guarantee against color fade for 20 years. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURERS A. Peterson Aluminum Corporation: PAC -CLAD. B. Copper Sales, Inc.: UNA-CLAD. C. Berridge Industries, Inc. © 2013 Stantec 1193801917 SHEET METAL FLASHINGS AND TRIM 076200-1 2.02 MATERIALS A. Aluminum Sheet: ASTM B209, alloy as standard with manufacturer for finish required, with temper as required to suit forming operations and performance required: 1. Thickness: 0.040 inch. 2. Exposed Coil -Coated Finishes: a. 3 -Coat Fluoropolymer: AAMA 620. Fluoropolymer finish containing not less than 70 -percent PVDF resin by weight in both color coat and clear topcoat. b. Color: Match existing sheet metal flashing and trim. 2 colors required. 2.03 MECHANICAL FASTENERS A. All mechanical fasteners shall be of non -corroding material. All exposed fasteners shall match color of adjacent finished materials. 2.04 SEALANTS A. Metal manufacturer's recommended elastomeric sealant or mastic. Exposed sealant color shall match metal color. 2.05 FABRICATIONS A. Metal Coping System: 1. Provide complete cap flashing system, including riveted mitered corners, field -applied sealant, neoprene spacers, concealed splice plates, and continuous galvanized hook strips. 2. System shall conform to dimensions shown on the Drawings. 3. Blocking to support metal coping system shall be fire -treated wood. B. Rain Hood and Collar: 1. 22 -gauge galvanized sheet metal shop fabricated to sizes and shapes shown on Drawings. Install at hot pipes (180 degrees F or above). C. Pipe Flashing: 1. Flashing at other than hot pipes shall be molded boot furnished and installed. Boots shall be compatible with roofing system and approved by roofing system manufacturer. D. Gutters: 1. Shop -fabricated from 22 -gauge prefinished galvanized sheet metal. 2. Design: Standard profile as shown on the Drawings with 20 -gauge straps at Y-0" on center. 3. Fabrication of gutter, joints, end caps, outlet tubes shall meet SMACNA requirements. E. Downspout: 1. Existing prefinished metal downspouts to remain and be protected. PART 3 EXECUTION 3.01 INSTALLATION A. Install all materials in accordance with the manufacturer's recommendations to provide a watertight installation. B. Shop -fabricate and install using recognized sheet metal processes. SHEET METAL FLASHINGS AND TRIM © 2013 Stantec 193801917 076200-2 C. Use color -matched touch-up paint to field -repair any scratched or damaged areas whether from shop fabrication, shipping, or field installation. Obtain touch-up paint from pre -finished sheet metal manufacturer. D. If soldering is necessary, mechanically remove pre -finished coating. E. Perform all fabrication and installation with the strippable protective film in place on pre -finished material. F. After completing installation, immediately remove strippable film. Extended exposure of strippable film to ultra violet light may damage paint coating underneath. G. All exposed fasteners shall match finished materials. Field paint if necessary under this Section with touch-up paint obtained from prefnished sheet metal manufacturer. H. Leave a 1/2 -inch joint between abutting parts for expansion at coping and install 4 inch wide cover plate. I. Seal all metal penetrations, including reglets, cover plates with sealant or mastic. I. Seal along joint between flashing and wall or roofing materials. END OF SECTION SHEET METAL FLASHINGS AND TRIM C 2013 Stantec 1 193801417 076200-3 SECTION 07 72 13 ROOF PIPE SUPPORT SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. The work of this contract consists of the furnishing of all labor, equipment, materials and devices required in conjunction with the installation of supports for existing gas pipe line above the roof. 2. Manufacturer must supply Vibration Isolation and Cushion system with a minimum of shock transmission to the roofing surface to allow free movement with no pipe tension or binding. B. Related Sections: 1. Section 05 50 00 — Metal Fabrications 2. Section 07 55 13 Modified Bitumen Roofing System 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Bid. 1.03 REFERENCES A. American Society for Testing and Materials (ASTM): 1. A 123-89a Zinc (Hot -Dip Galvanized) Coating on Iron and Steel Products. 2. A 153-82 Zinc Coating (Hot -Dip) Steel and Iron Hardware. 3. A 167-92b Stainless and Heat -Resisting Chromium -Nickel Steel Plate, Sheet and Plate. 4. A 570-92 Steel, Sheet and Strip, Carbon, Hot -Roiled, Structural Quality. 5. D 2240-91 Rubber Property - Durometer Hardness. B. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS). 1. SP -58 Pipe Hangers and Supports, Materials, Design and Manufacture. 2. SP -69 Pipe Hangers and Supports, Selection and Application. C. National Roofing Contractors Association (NRCA): NRCA Roofing and Waterproofing Manual, current edition. D. Sheet Metal and Air Conditioning Contractors Association, Inc. (SMACNA): Architectural Sheet Metal Manual, current edition. 1.04 SYSTEM DESCRIPTION A. Design Requirements: Prefabricated, engineered support system designed specifically for use on roofing without adhesive, roof penetrations, flashings or damage to roofing system. 1.05 SUBMITTALS A. Submit under provision of Section 0133 00. c0 ROOF PIPE SUPPORT 2013 Stantec 1 193801917 07 713 -SYSTEMS B. Product Data: Submit manufacturer's product data sheets, including installation instructions for each fabricated unit. Curb design must be molded from virgin rubber. C. Shop Drawings: Indicate layout, support components and methods of installation. D. Samples: If requested, submit sample of rubber curb, 12 inch long framing members, each support, hanger and fastener. 1.06 QUALITY CONTROL A. The Manufacturer or his representative on request will inspect the completed installation and report in writing that the design requirements meet with the Manufacturer's approval. 1,07 DELIVERY, STORAGE AND HANDLING A. Deliver, store and handle products under provisions of Section 0160 00. 1.08 WARRANTY A. The Product Manufacturer shall provide a one-year full system material warranty necessary to cover replacement of all components of the system against defects in manufacturing. The warranty will not include Acts of God, vandalism, neglect, metal finish or improper spacing of equipment which would be a result of improper application. PART 2 PRODUCTS 2.01 MANUFACTURER A. The support system shall be manufactured by: Advanced Support Products, Inc. P.O. Box 1284 Tomball, Texas 77377 Phone: 281-357-1277 Fax: 281-357-0577 Toil Free: 800-941-5737 2.02 MATERIALS A. Curb: Molded Virgin Rubber. B. Curb Dimensions: 4" high x 6" wide in lengths of, 6", 9" or 13". C. Frame: Pre -Galvanized Zinc coated 12 gauge channel (ASTM. A653). D. Hangers: Clevis and/or Band type as per pipe requirements. E. Accessories: Cadmium plated threaded rods, clamps, nuts, bolts and washers. F. Rollers: Non -Binding Heavy Duty SBR Rubber. 2.03 RELATED PRODUCTS A. Isolation Pads are not required. ROOF PIPE SUPPORT SYSTEMS © 2013 Stantec 1 193801917 077213-2 B. If required by roofing manufacturer, a separation sheet or pad conforming to the roof manufacturers' system. 2.04 PIPE SUPPORTS A. To support conduit or pipe sized up to 4"0 without height adjustment use EcoCurb Model Nos. REC6 (61), REC9 (9"L) or REC13 (13"L) - Molded Virgin Rubber curb. May attach pipe clamps directly to curb as option for securing conduit or pipe. B. To support piping up to 8"0 without height adjustment Use EcoCurb Model Nos. REC9S (9"L), REC13S (13"1), REC1609S (9"L curb with 16"L strut) and REC2413S (13% curb with 24"L strut). Curb is a Model REC with 12 gauge framing channel attached directly to curb with 1/2" bolts. May use strut clamps as option for securing pipe. C. To support piping up to 8"0 when height adjustment is needed use EcoCurb Model Nos. REC9A (9"L) and REC13A (13"L). Curb is a Model REC with 12 gauge framing channel attached to curb using 1/2" threaded rods, 12"L, with washers and nuts. Height of channel can be adjusted along the length of the 1/2" threaded rods. Strut clamps are suggested to hold piping or conduit in place. D. To support water or gas piping up to 8"0 or when a roller support is needed use EcoCurb Model Nos. REC9111 (9"L) and REC13R (13"L). Curb is a Model REC with SBR heavy-duty rubber roller assembly attached directly to curb with 1/2" bolts. E. To support water or gas piping up to 8"0 or when a roller support with height adjustment is needed use EcoCurb Model Nos. REC9RA (9"L) and REC13RA (13%). Curb is a Model REC with SBR heavy-duty rubber roller assembly attached to curb using 1/2" threaded rods, 12"L, with washers and nuts. Height of roller assembly can be adjusted along the length of the 1/2" threaded rods. F. To support all type of piping in multiple runs or piping up to 12"0 use EcoCurb Cross Brace Bridge Model Nos. RCB2409, 3609, 4809 or RCB3613, 4813, 6013. Cross Brace Bridge is made of 2 EcoCurbs Model REC (9" or 13") and framing channel (24", 36", 48" or 60"L) attached directly to the Curbs using 1/2" bolts. Cross Brace Bridge is to be used with strut clamps or roller accessories. G. To support multiple pipe runs, piping up to 12"0 when height adjustment or pipe suspension is needed use EcoCurb Adjustable Support Bridge Model Nos. RSB1836A, RSB2436A, RSB3636A or RSB4836A. Adjustable Support Bridge is made of 4 EcoCurbs Model REC and 12 gauge framing channel formed to make an "H" shaped support with one crossbar. Crossbar height is adjustable and offered in 18", 24", 36", and 48" lengths. Use Adjustable Support Bridge with strut clamps or roller assembly or use optional hanger supports to suspend water or gas piping at various heights. Optional hanger supports attached to support frame using 1/2" threaded rods. Hangers offer complete height adjustments along the length of 1/2" threaded rods. PART 3 EXECUTION 3.01 PREPARATION A. Verify that roof surface is smooth and clean to extent needed to receive materials. B. Review approved final drawings to determine the locations of supports. ROOF PIPE SUPPORT SYSTEMS © 2013 Stantec 1 193801917 077213-3 C. Clean surfaces to receive supports removing any loose gravel and any foreign matter. D. Supports can be placed on completed gravel roof systems. Sweep any loose gravel before setting support curbs. 3.02 INSTALLATION A. Install support systems in accordance with manufacturer's instructions and approved shop drawings. B. Accurately locate and align pre -fabricated pipe supports in locations specified as per approved shop drawings or as required herein and by site conditions to limit pipe and/or conduit deflection to L/240, not to exceed 10' (3m) on center. No Isolation pads are required under the support curbs. C. Should the roofing manufacturer require a separation sheet between the roof and the support system, place a separation sheet or protective pad conforming to the existing roof manufacturer's system under curbs. Do not adhere to the roof system or curb. D. Adjust height of each strut or channel and hanger or roller to its required height and tighten with nut, but do not over -tighten. Check each support for equal weight disbursement. Correct if necessary. E. Remove any unused materials and packaging from job site. END OF SECTION ROOF PIPE SUPPORT SYSTEMS © 2013 Stantec 1 193801917 077213-4 SECTION 07 92 00 JOINT SEALANTS PART 1 GENERAL W11)�Y11luli l'.1.%Vd A. Section Includes: I. Exterior sealants. B. Related Sections: I. Section 07 55 13 — Modified Bitumen Roofing System. 2. Section 07 62 00 — Sheet Metal Flashing and Trim. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the rump Sum Bid. 1.03 REFERENCES A. American Society for Testing and Materials: ASTM. 1.04 SUBMITTALS A. Shop Drawings Consistent with Section 0133 00 and including: 1. Three 6 -inch long bead of each color of caulking to be used. 2. Three 6 -inch pieces of each size of backing material to be used. 3. Copies of manufacturer's specifications, recommendations, and installation instructions for caulking, backer rod, and accessory materials. 4. Manufacturer's published data, letter of certification, or certified test laboratory report that each material complies with requirements and is intended for application shown. 1.05 QUALITY ASSURANCE A. Applicator Qualification: Minimum 2 years of experience in applying sealants and approved by sealant manufacturer. B. Mock -Up: 1. Prepare sample application in location directed by Architect. 2. Approval of the mock-up must be obtained from Architect. 3. Accepted mock-up shall constitute standard of acceptance for remaining Work. 1.06 PRODUCT HANDLING A. Deliver materials in original, tightly sealed containers or unopened packages with manufacturer's name, labels, product identification, and lot numbers where appropriate. B. Store materials out of weather in original containers or unopened packages as recommended by manufacturer. 0 2013 Stantec 1193801917 JOINT SEALANTS 079200-1 1.07 JOB CONDITIONS A. The compounds shall be applied within an air temperature range of 40 degrees F to 80 degrees F to clean and dry substrate, unless manufacturer's literature and procedure allows for an exception. 1.08 GUARANTEE A. Provide caulking manufacturers standard 10 -year material guarantee. B. Guarantee workmanship against leakage for 2 years. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS - CAULKING A. Tremco, Dymeric, Sikaflex-2C NS/SL, or approved equal General Applications. B. Mameco Vulkem 116 One -Part High Performance Elastomer - Submersion Service. C. Fire Barrier Caulk: 3M Brand. D. Colors: To be selected by Architect from manufacturer's standard colors. Calors may be different for every type of material receiving caulk. 2.02 MATERIAL A. Sealant Materials: 1. Vertical Surfaces: a. For Interior Joints Up to 2 Inches Wide: 1 -part acrylic terpolymer base type "Mono" conforming to ASTM C834. b. For Exterior Joints and Joints Larger Than 2 Inches Wide: 2 -parts polytremdyne base type "Dymeric" conforming to ASTM C920. c. Caulking Compound for All Interior Joints Not Subject to Movement: Acrylic type which does not contain ingredients that will stain masonry or corrode metals conforming to ASTM C834. 2.03 BACKER ROD A. Material: Closed cell polyethylene ethafoam, or approved equal, compatible with sealant. Sof-rod by applied extrusion technology will be accepted for horizontal locations. B. Sized and shaped to control depth of sealant and to provide 20 percent to 50 percent compression upon insertion. 2.04 MISCELLANEOUS MATERIALS A. Joint Cleaner: Caulking manufacturer's recommended cleaner for condition encountered. B. Primer: Manufacturer's recommended primer for various substation substrates encountered. C. Bond Breaker: Pressure sensitive adhesive polyethylene tape. JOINT SEALANTS © 2013 Stantec 1193801917 079200-2 D. Masking Tape. Pressure sensitive adhesive paper tape. PART 3 EXECUTION 3.01 INSPECTION A. Examine joints to be caulked for construction defects which would adversely affect execution of Work. B. Ensure that masonry and concrete have cured 28 days minimum. C. Do not start work until conditions are satisfactory and construction defects have been corrected. 3.02 PREPARATION A. Wire brush, grind, sandblast, solvent wash, or prime per manufacturer's recommendations any surface containing release agents, water proofing, dust, loose mortar or latience, paint or finishes. B. Cleaning: Clean joint surfaces using joint cleaner as necessary to be free of dust, dirt, oil, grease, rust, lacquers, laitance, release agents, moisture, or other matter which might adversely affect adhesion of caulking. C. Masking: Mask areas adjacent to joints. D. Priming: Apply primer following manufacturer's instructions. 3.03 APPLICATION A. Install backer rod material in new and existing joints using blunt instrument to avoid puncturing. Do not twist backer rod while installing. Install backer rod so that joint depth is 50 percent of joint width, but a minimum of 1/4 inch deep. B. Apply caulking in new joints using pressure gun with nozzle cut to fit joint width. Make sure caulking is deposited in uniform, continuous beads without gaps or air pockets. C. Tool joints to required configuration within 10 minutes of caulking application. If masking materials are used, remove immediately after tooling. D. Verify sealant type as required in other Sections. E. Apply sealant as shown on the Drawings and on new or modified areas as follows: 1. Interior and exterior perimeter of all the windows, door frames, louvers, and other exterior wall openings. 2. Around the bottom of all interior and exterior door frames where metal abuts or contacts concrete. 3. Expansion and control joints in concrete, concrete block, and brick masonry walls. 4. Around openings in walls, ceilings, and floors at conduits, pipes, ducts, and similar items (both sides of walls, ceiling, and floors). Apply Fire Barrier caulk at all such penetrations through rated walls. 5. Around perimeter of both sides of all interior doors, windows, and borrowed light partitions. 6. Along edge of wall flashing. 7. Around perimeter of all louvers, both sides of wall, if accessible. 8. Expansion joints where concrete aprons abut exterior walls. JOINT SEALANTS © 2013 Stantec 193801917 079200-3 9. Around all joints or intersecting points where steel sleeves, steel handrail, steel structural, and steel support members extend out of or rest upon cast -in-place concrete. 10. Ends of precast concrete window sills. 11. All areas where dissimilar wall materials abut or adjoin. 12. Any other places shown on the Drawings. 13. Joints between steel lintels and wall materials. F. Caulking is not to be painted. 3.04 CLEANING A. Remove excess materials adjacent to joints by mechanical means or with xylol (xylene) or mineral spirits as work progresses to eliminate evidence of spillage or damage to adjacent surfaces. Note: When using flammable solvents, avoid heat, sparks, and open flames. Always provide adequate ventilation and follow all precautions listed on solvent container label. B. Leave finished work in neat, clean condition with no evidence of spillovers onto adjacent surfaces. 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