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Innsdale Tank Project Manual December 2010Project Manual Innsdale Ground Storage Tank Rehabilitation Cottage Grove, Minnesota SEH No. COTTG 114409 December 2010 i SEH Multidisciplined. Single Source. Trusted Solutions. Innsdale Ground Storage Tank Rehabilitation City of Cottage Grove, Minnesota SEH No. COTTG 114409 December 2010 Title Page COTTG 114409 000101-1 This Page Left Blank Intentionally DOCUMENT 00 0105 CERTIFICATION I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Douglas Klamerus, PE Date: Reviewed By: Date: Certification Lic. No. COTTG 114409 0001 05-1 This Page Left Blank Intentionally DOCUMENT 00 01 08 PROJECT DIRECTORY Project Name: Innsdale Ground Storage Tank Rehabilitation Location: Cottage Grove, Minnesota Owner Name: Name: City of Cottage Grove Address: 7516 South 80th Street Saint Paul, MN 55110 Cottage Grove, MN 55016 Contact: Jennifer Levitt Phone: 651.458.2808 Fax: 651.458.6080 Project Manager Name: SEH Address: 3535 Vadnais Center Drive Saint Paul, MN 55110 Contact: Doug Klamerus, PE Phone: 651.765.2973 Fax: 651.490.2150 Electrical Consultant Name: Emanuelson Pods, Inc. Address: 10401 Bren Road East Minnetonka, MN 55343 Contact: Kim Hovey, PE Phone: 952.930.0050 Fax: Project Directory COTTG 114409 0001 08-1 This Page Left Blank Intentionally DOCUMENT 00 0110 TABLE OF CONTENTS Number Document DIVISION 1- GENERAL REQUIREMENTS Introductory Information 00 01 01 Title Page 0001 05 Certification 0001 08 Project Directory 0001 10 Table of Contents 00 72 00 Bidding Requirements 00 11 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 191, Existing Condition Information 00 41 00 Bid Form 00 43 36 List of Proposed Subcontractors 00 43 37 List of Proposed Suppliers 0044 14 Project References 0045 17 Bidders Proof of Responsibility 0045 19 Affidavit of Non - Collusion DIVISION 1- GENERAL REQUIREMENTS Contract Forms 00 52 00 Standard Form of Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0152 19 Conditions of the Contract 00 72 00 Standard General Conditions 0073 00 Supplementary Conditions DIVISION 1- GENERAL REQUIREMENTS Table of Contents COTTG 114409 0001 10-1 Administrative Requirements 0133 00 Submittal Procedures Temporary Facilities and Controls 01 51 36 Temporary Water 0152 19 Temporary Sanitary Facilities 01 5719 Air, Land, and Water Pollution Execution and Closeout Requirements 01 77 00 Closeout Procedures DIVISION 2 - EXISTING CONDITIONS Facility Remediation 02 87 00 Handling of Waste Generated from Coating Removal Table of Contents COTTG 114409 0001 10-1 DIVISION 9 - FINISHES Painting and Coating 0997 13 Coating Systems for Water Storage Tanks DIVISION 26 - ELECTRICAL 26 00 00 Electrical General Provisions 26 05 00 Common Work Results for Electrical 26 20 00 Low - Voltage Electrical Transmission 26 24 19 Starters and Motor Control 26 50 00 Lighting DIVISION 32 - EXTERIOR IMPROVEMENTS Planting 32 92 30 Turf Restoration DIVISION 33 - UTILITIES Water Utilities 33 1630 Disinfection of Water Storage Facilities 33 1640 Repair and Modifications to Steel Water Storage Tanks DIVISION 40 - CONTROLS 40 90 00 Telemetry Control Panel Table of Contents 0001 10-2 COTTG 114409 DOCUMENT 00 1113 \J ADVERTISEMENT FOR BIDS \' Innsdale Ground Storage Tank Rehabilitation City of Cottage Grove, Minnesota �J SEH No. COTTG 114409 Notice is hJed en that sealed Bids will be received by the City of Cottage Grove until 10:00am on Thursday, February City Hall - 7516 South 80th Street, Cottage Grove, MN 55016, at which time they will be publicly op d read aloud, for the furnishing of all labor and material for the rehabilitation of The Innsdale Ground Storage Tank in Cottage Grove, Minnesota. Major quantities for OR components of the Work include: Bids shall be on the form provided for that purpose and according to the Bidding Requirements prepared by Short Elliott Hendrickson Inc., dated December 22, 2010. The Bidding Documents may be seen at the issuing office of Short Elliott Hendrickson Inc. located at: 3535 Vadnais Center Drive Saint Paul, MN 55110 -5196 651.490.2000 Digital copies of the Bidding Documents are available at http: / /www.sehinc.com for a fee of $100. These documents may be downloaded by selecting this project from the BIDDING DOCUMENTS link and by entering eBidDoc Number 1414198 on the SEARCH PROJECTS page. For assistance and free membership registration, contact QuestCDN at 952.233.1632 or info c guestcdn.com Paper copies of the Bidding Documents may be obtained from Docunet Corp. located at 2435 Xenium Lane North, Plymouth, MN 55441 (763.475.9600) for a fee of $350. A pre -Bid conference will be held at 10 am on Thursday, January 27 at the Project site. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the conference. Bid security in the amount of 5 percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Bids shall be directed to the City Engineer, securely sealed and endorsed upon the outside wrapper, "BID FOR INNSDALE GROUND STORAGE TANK REHABILITATION." The City of Cottage Grove reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of the City. Jennifer Levitt City Engineer City of Cottage Grove, Minnesota Advertisement f Bids COTTG 114409 0011 13-1 "technical data ", or any other data, interpretation, opinions or information contained in such reports or shown or indicated in such Drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A. will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data, or any other data, interpretation, opinions or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Enviromnental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavations and utility locates. 4.06 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding documents, including any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data ", and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data"; Instructions to Bidders 0021 13-2 COTTG 114409 E. consider the information known to Bidder; information commonly known to Contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the work at the price(s) bid and within the times required and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.07 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 — PRE -BID CONFERENCE 5.01 A pre -Bid conference will be held at 10 am on Thursday, January 27 at the Project site. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 — SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 — INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda provided to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be Instructions to Bidders COTTG 114409 0021 13-3 answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 — BID SECURITY 8.01 A bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. ARTICLE 9 — CONTRACT TIMES 9.01 The number of days within which, or the dates by which the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 — LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11— SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or "or- equal" materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or "or- equal" item. No item of material or equipment will be considered by Engineer as a substitute or "or- equal" unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform to requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. ARTICLE 12 — SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost Instructions to Bidders 0021 13-4 COTTG 114409 occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 — PREPARATION OF BID 13.01 The Bid Form and attachments are included with the Bidding Documents. Photocopies of these documents should be made for the purpose of submitting the Bid. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. Instructions to Bidders COTTG 114409 0021 13-5 ARTICLE 14 — BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02 B of the General Conditions. ARTICLE 15 — SUBMITTAL OF BID 15.01 The Bid Form is included with the Bidding Documents. A photocopy of the Bid Form is to be completed and submitted with all the attachments as outlined in Article 7 of the Bid Form. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed package plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner at address in Article 1.01 of Bid Form. 15.03 The submitted Bid Bond shall bear original signatures and the seal of the Surety. 15.04 Bids submitted after the prescribed date and time will be returned to the Bidder unopened. 15.05 Submission of Bid Forms and /or Bid Bonds by electronic transmission (such as Fax or e -mail) will be a cause for rejection. ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid maybe modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 — OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non - responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids on the "Bid Results" page at www.sehinc.com Instructions to Bidders 0021 13-6 COTTG 114409 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 — AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non- responsive, unbalanced, or conditional bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 — CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such bonds. ARTICLE 21— SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder. END OF DOCUMENT Instructions to Bidders COTTG 114409 0021 13-7 This Page Left Blank Intentionally Tank Evaluation Report Innsdale Tank Cottage Grove, Minnesota SEH No. COTTG 111686 September 22, 2010 Tank Evaluation Field Report General Information Project: Innsdale Tank Evaluation Project No. 111686 COTTG Contact: Harry Taylor Address: 8635 West Point Douglas Road (651.458.2853) Evaluation Date: May 4, 2010 NACE Inspectors: Bryon Jensen, Andy Roman Site Address: Drawings Available 8492 South 81st Street Descri tion: Overall Height (feet) North: Open field 1 MG Yes ® No ❑ South: Residential across from street Standpipe Approx. 74ft. 50ft. Total or Partial Total East: City property (another water storage facility) r Surface Preparation SP -10 NA SP -6 West: Residential across from street " -' NA Security: Chain -link fence Coating Manufacturer Tnemec Obstructions: None v Overflow Discharge Orientation: Connected in valve vault to second facility Direction of Site Drainage: North/northeast Tank Information Manufacturer: Minneapolis Tank Year Built: 1962 Contract No. NA Capacity (Gallons) Drawings Available Construction Tye Construction Style Overall Height (feet) Diameter (feet) 1 MG Yes ® No ❑ Welded Steel Standpipe Approx. 74ft. 50ft. Coating Information Interior Wet Interior Dry Exterior Date Last Painted 1993 NA 1993 Painting Contractor NA Total or Partial Total NA Total Surface Preparation SP -10 NA SP -6 Coating System (2) Epoxy NA (3) Epoxy/ rethane Coating Manufacturer Tnemec NA Tnemec September 22, 2010 RE: City of Cottage Grove Innsdale Tank Evaluation SEH No. COTTG 111686 Mr. Harry Taylor Public Works Superintendent City of Cottage Grove 8635 West Point Douglas Road Cottage Grove, MN 55016 Dear Harry: We are submitting five (5) copies of the Water Tower Evaluation that Short Elliott Hendrickson Inc. (SEH conducted on the City of Cottage Grove's 1 Million Gallon Innsdale Standpipe. The tank still appears to be in good condition structurally; however, a number of surface repairs due to finish defects and structural modifications are warranted. With respect to the tank interior some minor to moderate coating failures were observed, isolated to the roof area. At this time moderate coating failures in the form of rusting and abrasions were observed on the tanks exterior surface. Based on our evaluation, and the desire to keep both interior and exterior reconditioning on a similar timetable, SEH recommends complete interior and exterior reconditioning of this facility. Scheduling of this work should be considered within the next 12 months to prevent deterioration to any exposed steel substrate. Structural modifications/ repairs and coating failures have been further identified within this report. Modifications to this facility were initially identified in our 2008 report. The estimated cost for this project is $555,300. A cost breakdown is included in this report, along with a recommended timetable. We would be happy to present this report to the City of Cottage Grove and discuss our findings at your convenience. Finally, at the City's request, SEH will prepare a complete set of contract documents to solicit bids for the repair work specific to the work recommended at this time. SEH can also provide inspection services with our in -house staff of trained NACE Inspectors. Sincerely, Daniel J. Zienty Associate I Senior Project Desi Leader NACE Inspector #3186 Chad E. Setterholm, PE Associate I Client Service Manager Short Elliott Hendrickson Inc. 13535 Vadnais Center Drive I Saint Paul MN 55110 -5196 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax Table of Contents Title Page Table of Contents Page 1 .0 Remaining Tank Life ................................................................ ............................... 2 2.0 Recommendations .................................................................... ..............................2 2.1 Interior Structural ............................................................... ............................... 2 2.2 Interior Dry Structural ........................................................ ............................... 3 2.3 Exterior Structural .............................................................. ............................... 3 2.4 Telecommunication ........................................................... ............................... 3 2.5 Cathodic Protection ........................................................... ............................... 3 2.6 Interior Coating .................................................................. ............................... 4 2.7 Interior Dry Coating ........................................................... ............................... 4 2.8 Exterior Coating ................................................................. ............................... 4 3.0 Engineers Estimate .................................................................. ............................... 5 4.0 Summary .................................................................................. ............................... 6 4.1 Standard of Care ............................................................... ............................... 6 4.2 Structural Evaluation ......................................................... ............................... 6 4.2.1 Structural Evaluation .............................................. ............................... 6 4.2.2 Coating Evaluation ................................................. ............................... 6 List of Appendices Appendix A Tank Evaluation Procedures Appendix B ASTM Standards Appendix C Photo CD SEH is a registered trademark of Short Elliott Hendrickson Inc. Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page i Innsdale Tank Evaluation Report Innsdale Water Tower Prepared for the City of Cottage Grove, Minnesota 1.0 Remaining Tank Life Information from our field evaluation process indicates that the City of Cottage Grove should consider reconditioning of this facility. Based on the degree of failures observed, and the age of both the interior and exterior coating systems, work should be scheduled for sometime within the next 12 months. Upon completion of the recommended modifications, repairs, and coating application (based on complete reconditioning), this tank should continue to provide service to the City of Cottage Grove for the next 15 to 20+ years. The normal expectancy of an elevated tower exceeds 60+ years when a prescribed periodic maintenance plan is followed. Periodic maintenance following guidelines as prescribed by AWWA in Manual M42 is recommended. 2.0 Recommendations Based on the information obtained during our Field Evaluation Process we recommend the following: 2.1 Interior Structural 1. Seal the following with elastomeric caulk to inhibit the occurrence of rust bleed: - Gaps in the lapped plates including the dollar to roof plate, and roof to roof radial/torus plates (seams above the normal waterline) - Roof openings and other roof penetrations - At the intermittently welded roof stiffener angles, compression ring, outer compression rail to within 1 ft. of the normal waterline 2. Remove by air arc gouging, cutting torch or grinding all surface imperfections including erection scab marks and weld spatter 3. Install mixing valves to inhibit the formation of ice. 4. Install a 24" diameter by 18" deep sump to facilitate tank draining and cleaning. Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 2 2.2 Interior Dry Structural 1. Valve Pit Modifications: - Re- insulate existing copper piping - Replace the existing valve vault hatch with a new stainless steel hatch - Replace the existing conduit and service panel in the valve vault. Replace panel with stainless steel. Wire in heater and lighting. - Relocate the electrical to the tank, currently overhead from an existing power pole (to be removed), and relocate the service meter. Coordinate relocation of service underground to the valve vault. The existing telephone line should also be relocated underground. 2.3 Exterior Structural 1. Replace the existing obstruction/aviation light and associated conduit, replacement with a LED light. In conjunction with new conduit, install contacts (alarm system) to the access hatch within the confines of the handrail. 2. Install a rigid notched or trolley type carrier system for easier access and fall - protection. 3. Remove the existing center - screened roof vent modifying the spool flange and replace it with a new aluminum AWWA frost -free design. 4. Remove the existing handrail system and replace it with a new system, with toe - plate, that encompasses the roof vent and bowl access manway; this should be considered if the City is entertaining applications from telecommunications providers. Additionally, a new handrail system, as proposed, would provide enhanced safety with respect to access during any maintenance operations. 5. A platform should be incorporated (at the roof) that transitions from the shell access ladder to the proposed new handrail system to provide for easier /safer access. 6. Remove the existing access ladder from the shell and replace it with one that is compliant with current OSHA 29 CFR Part 1910 requirements. In addition, a ladder gate (climb prevention shield), with alarm or padlock should be incorporated. 7. Provide new locks for all roof hatches 2.4 Telecommunication ■ Not Applicable 2.5 Cathodic Protection The tank is equipped with a submersible cathodic protection (CP) system. At this time the system appears to be functioning properly. Inspection of the system periodically by an experienced service company is recommended. Coordination by the City should be made for the temporary removal of the sys em prior to recommended interior work. Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 3 2.6 Interior Coating As stated earlier, the interior coating system is generally in fair condition with minor to moderate repairs needed at the painter's rail, compression ring, and roof structural. However, as previously stated due to the observed coating failures as documented in the Coating Summary, age of the coating system (approximately 17 years), and other deficiencies related to weld, a total reconditioning is recommended. This work would include wet riser surfaces, and piping within the valve vault. All surfaces should be abrasive blasted to a Society for Protective Coatings (SSPC) SP -10 "Near White" standard of cleanliness. Surface discontinuities such as erection marks, weld spatter, and sharp fns should be removed by grinding, and re- blasted to achieve a unifonn surface profile consistent with the coating manufacturer's product recommendation. This would also include all applicable structural repairs and modifications. Following surface preparation, all surfaces should receive a two to three -coat application (depending on product manufacturer) of an epoxy - polyamide coating system compliant with current AWWA D102 guidelines and certified in accordance with ANSI/NSF standard 61. 2.7 Interior Dry Coating This is in reference to the condition of the valve vault. Its current condition is considered fair to poor. Therefore, SEH recommends complete reconditioning of the piping and valves in this area. Interior dry surfaces should be prepared to an SSPC SP -6 "Commercial Blast" level of cleanliness. Similar to the interior immersion area, following surface preparation, all surfaces should receive a two to three -coat application (depending on product manufacturer) of an epoxy - polyamide coating system. 2.8 Exterior Coating The exterior coating system is moderately chalked. This is quite common based on the age of the present system. However, the surface is also experiencing a significant amount of rusting especially on the east half of the tank. Adhesion as stated in the Field Inspection Report appeared as only fair to good. Based on this assessment SEH recommends complete reconditioning of the tanks exterior surfaces. Complete removal and replacement with a new epoxy /polyurethane coating system offers a long -term solution to the existing system. All surfaces should be prepared to an SSPC SP -6 or equal "Commercial Blast" level of cleanliness. This should be followed by two -coats of a polyamide epoxy and a finish coat of an acrylic - polyurethane. As dirt and mildew accumulation appear to be an inherent problem, the City may wish to consider use of a mildew resistant urethane system application. To avoid fugitive dust emissions and /or paint drift, a full- containment structure will need to be constructed. Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 4 3.0 Enaineers Estimate "f! '" a J f 7 Work Planned Mobilization / Maintenance LS $10,000.00 Containment (Side) LS $55,000.00 Contaimment (Bonnet) LS $5,000.00 Dehumidification LS $20,000.00 Site Clean Up / Restoration LS $3,000.00 Interior Structural Caulking (Interior Wet) LF $5,000.00 Grinding Hour $5,000.00 Grout / Caulking (Base) LF 1 $1,500.00 Interior Dry Structural Install Mixing Valves LS $10,000.00 Re- insulate Copper Piping (Valve Vault) LS INCIDENTAL Stainless Steel Hatch (Valve Vault) LS $1,600.00 Reroute Telco / Electric (Valve Vault) LS $20,000.00 Rep lace Conduit / Service (Valve Vault) LS INCIDENTAL Exterior Structural LED Aviation Light/Replace Electric /Alarm LS $6,000.00 Fall Protection - Trolley Rail FT $5,625.00 Handrail Assembly LF $12,400.00 Ladder LF $8,200.00 Ladder Cage LF $7,500.00 Ladder - Transition Platform EA $4,575.00 Ladder - Gate /Aluminum EA $1,450.00 Vent (Frost Free) -- 24 -INCH EA $6,850.00 Other Warranty LS $3,000.00 Total Repaint Interior Wet / Valve Vault LS $141,900.00 Exterior LS $113,900.00 Subtotal $447,500.00 15% Conting $67,000.00 Eng ineering & Inspection Services $40,800.00 Estimated Pro Cost $555,300.00 The above project costs are based on current pricing derived from consultation with area contractors, suppliers, and manufacturers as applicable to the scope of work. SEH suggests that the project be bid several months prior to the anticipated start date attract competitive bids. We estimate this project to be completed in 8 week. Tank Evaluation Report Cottage Grove, Minnesota COTTG 111686 Page 5 SEH also recommends inspection during critical operations on the project to ensure proper surface preparation and coating system application, along with any other work noted herein. 4.0 Summary 4.1 Standard of Care The conclusions and recommendations contained in this report were developed in accordance with generally accepted professional engineering practices at this time and location. Other than this, no warranty is implied or intended. 4.2 Structural Evaluation 4.2.1 Structural Evaluation Structural conanzentary under this section refers to the general condition of the foundation, and plate sections of the tank. Based on our visual examination of the tank structure and foundation, it appears that the facility is in good condition at this time. However, modifications are necessary to bring it into compliance with current standards with respect to both ventilation and personal access. Since recommendations for painting are maintenance related, SEH recommends specific modifications are delayed until complete reconditioning is warranted. In addition, repairs within the tank interior are suggested before any recoating in order to enhance its long -term serviceability. Specific references to items requiring maintenance repair, replacement, or installations to provide code compliance are included in the Recommendation section of this report under Interior or Exterior Structural. Our inspection of the tanks foundation revealed no significant cracking or spalling. The grout between the base plates and foundation was also found to be in fair condition. The surrounding area is sloped away from the tank providing good drainage. The interior of the tank is in good condition. Few deficiencies were identified with regard to weld finish. 4.2.2 Coating Evaluation Interior and exterior paint chip samples were not extracted during our evaluation. Coating systems provided by the paint manufacturer, Tnemec, at the time of this tank's last painting, were neither lead nor chromium based. The exterior system will not require any provisions that include the abatement of lead or chromium, or the disposal of hazardous waste materials; however, containment would be necessary to prevent the emission of fugitive dust during operations that include the future removal of the exterior coating system. Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 6 Innsdale Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 7 Innsdale Condition Severe Advanced Moderate Sli "lit None/NA Rustin -------------- - - - - -- -------------- - - - - -- -------------- - - - - -- -------------- - - - - -- -------------- - - - - -- -------------- - - - - -- -------------- - - - - -- -------------- - - - - -- ---------------------------------------- -------------------------------------------------------------- ----------------------------- ------------------------- - -------------------- Blisterin Crackin '' Peelin Pittin Chalking Delamination Comments: - Rusting observed between the gap of the support angles, and the fastening points at the compression ring. Condition Severe Advanced Moderate Sli' lit None/NA Rustin -------------- - - - - -- -------------- - - - - -- -------------------------------------------------------------- ---------------------------- - Blisterin Crackin Peelin Pittin Chalkin Delamination Comments: ! I Spot rusting at weld seams. Abrasions observed from ice ... no apparent coating damage. Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 8 ACCESSORIES °z.�'� �. b ow" , ��\ 'Si � � �.'r- �w2f��flu -..w� 3 �i..:.:�ia �*° �.. y Y 3 T F _TU �' /,Fh t.0 P __ry��fk - � l w a - r ✓ � rr P -'a , ,,; 'Y , �" ..r_ a'.d ✓� ,. .,� a . ' 'r :. ,N ,.�. , � ✓� y s. - ;'.' " I' � ".kY Agency Compliant Comment ® Yes Depth Removed: Sediment ❑ No Distributed evenly ❑ Yes 1" inch ® No ❑ Yes Sump Pit ® No K b � Agency g Y Condition Comment frm Compliant Silt Stop ® Yes ® Yes Good Recirculation line: ❑ Yes ® No ❑ No ❑ No Cathodic Protection T pe Com ments ® Yes ❑ No Submersible Four (4) sealed roof covers (pre- existing) Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 9 Innsdale Locations Exterior 7 Area: Shell Adhesion: 4A Overall Condition: Good Dry Film Thickness: Minimum Maximum Average --------------- - - - -- 7.0 16.0 12.1 Condition Severe Advanced I Moderate Sli 'lit None/NA Rusting -------------- - - - - -- -------------- - - - - -- ----------------------------- -- ------------------------------- Blistering Cracking' - , -------------- - - - - -- -------------- - - - - -- ------------------- -- ----------------------- --------------- - -- Peeling -------------- - - - - -- -------------- - - - - -- ----------------------------- - ---- - - - - -- --------------- - - - -- Pitting Chalking' Delamination Comments: I Spot topcoat delamination lower shell sections, abrasions rust), dirt /mildew (sweatin Condition Severe Advanced Moderate Sli lzt None/NA Rusting -------------- - - - - -- -------------- - - - - -- ------------------------------ -------------- - - - - -- 0 ----------------------------- ----------------------------------------------------------- --------------- - - - -- Blistering Cracking Peeling Pitting Chalking Delamination Comments: I Spot cracks (west), rusting coming through (most pronounced east side) Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 10 Innsdale Condition Severe Advanced ` Moderate Slight None/NA Rusting -------------- - - - - -- -------------- - - - - -- ---------------------------------- - - - - -- --------------- - - - -- Blistering Cracking -------------- - - - - -- -------------- - - - - -- ---------------------------------- Peeling - - - - -- ------------------ ----------- -- - - - - -- ------------- - - - - -- ---------------------------------- - - - - -- - Pitt ------------------- -------------------- -------------------- Chalking Delamination Comments`; I Spot rusting around the dollar plate /vent, handrail. Modify handrail for telecom Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 11 ACCESSORIES Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 12 Level Condition Agency Comments Compliant Ladders Shell Good ® No Rung dist. > 12 in. Ladder Shell Good Yes None Cage os Devi e Shell ® Nos Need to install Handrail Roof Good No Angle 2 x 2 x 1 /4 8ft. Dia. Level Condition Type Size Agency Comments Com liant Confined ❑ Yes Exterior signage Space Entry ® No needed Manways Roof Good Hinged 3 -24" ® Yes ❑ No ® Yes Manways Shell Good Hinged 2- 24" ❑ No Tapered to 16 ", Vent Roof Fair Screened 24" � No replace with Alum. frost free Level Number s Comments Lights Roof 1 _ Dual obstruction r Size Insul. Condition Agency Comments Compliant Fill Pipe 2 -10" ❑ Yes Good ® Yes ® No ❑ No Size Type MW f.. Condition Agency Comments Compliant Overflow/ ® Yes No air -break ❑ Splash-pad 12" NA Poor ❑ No Termination <12" ❑ ,. '. Condition Comments . ._ Foundation/ Good Settlement ❑ Cracks ❑ Spalling ❑ Footings Grout: None Anchor NA Bolts Valve Pit Good SCADA ❑ Altitude Valve ❑ Heated Controls ❑ Sway Rods Struts Level Comments Paint None taken based on age of last application Sample Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota Page 12 Appendix A Tank Evaluation Procedures Evaluation Procedures Tank Evaluation Methods The exterior of the tank was evaluated in conformance with the following: ■ The guidelines set forth in AWWA D101, "Inspecting Steel Tank Standpipes, and Elevated Tanks for Water Storage," and Manual M42. The condition of ladders, bolted connections, and other appurtenances not specifically mentioned in the summary sections, or Coating Summary Report, should be assumed satisfactory. ■ Inspection of interior and exterior coated surfaces was limited to areas accessible without special rigging. The surface of the interior coating system was examined by insertion of a disinfected inflatable raft. No structural analysis was conducted to determine if the tank's design complies with current standards of AWWA D100, "Welded Steel Tanks for Water Storage." ■ As part of the evaluation, conditions that appeared unsafe or not in conformance with current OSHA regulations were recorded and are contained in this report. Coating Serviceability The estimated remaining service life of the coating systems is evaluated through the use of these instruments: dry film thickness gage, cross -cut guide kit, putty knife, and 30X microscope. Interior and exterior coatings, where accessible, were evaluated in accordance with Society for Protective Coatings SSPC PA -2 "Measurement of Dry Film Thickness with Magnetic Gages ", using a Type 2 field probe and magnetic flux gage. In addition, a Tooke gage was utilized to identify the number of coating applications and estimated thickness of each coat. Since steel plates and structural members appeared visually to be in good condition, an ultrasonic thickness gage was not used during our evaluation. The use of inspection instruments was combined with a thorough visual examination of accessible exterior areas for holidays (voids), runs, sags, surface contaminants, overspray, dry spray, delamination, steel condition under the coating system, and any other questionable deficiencies as objectively compared to ASTM and industry standards. Coating Assessment Criteria The overall condition of each area of the tank has been assessed within the following categories: severe, advanced moderate, slight and none to determine the necessity for maintenance, if any. These categories have been devised by SEH to assist in quantifying the degree of failure observed, and are based on applicable ASTM standards. See Appendix B. These standards include, but are not limited to: • ASTM D 3359 Test Method for Measuring Adhesion by Tape • ASTM D 610 Method for Evaluating Degree of Rusting • ASTM D 714 Test Method for Evaluating the Degree of Blistering of Paints Standard ASTM Severe (Very poor) Advanced (Poor Moderate Fair Slight (Good) None Excellent Adhesion D 3359 0 1 2 3 to 4 5 Rusting D 610 4 5 6 to 7 8 to 9 10 Blistering D 714 Dense Medium Dense Medium Few Pitting G 46 5 4 3 1 to 2 Tank Evaluation Report COTTG 111686 Cottage Grove, Minnesota A -1 Appendix B ASTM Standards 4 tale�) Designation: D 610 - 01 INTERMAYMNAL Steel Structures Painting Council SSPC -VIS -2 Standard Test Method for Evaluating Degree of Rusting on Painted Steel Surfaces' This standard is issued under the fixed designation D 610; the number itmnediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A superscript epsilon (e) indicates an editorial change since the last revision or reapproval. This standard has been approved for use by agencies of the Department of Defense. 1. Scope* 1.1 This test method covers the evaluation of the degree of rusting on painted steel surfaces. The visual examples which depict the percentage of rusting given in the written specifica- tions form part of the standard. In the event of a dispute, the written definition prevails. These visual examples were devel- oped in cooperation with SSPC: The Society for Protective Coatings to further standardization of methods. 1.2 This standard does not purport to address all oj' the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appro- priate safety and health practices and determine the applica- bility of regulatory limitations prior to use. 2. Referenced Documents 2.1 ASTMAdjunct /SSPC: The Society for Protective Coat- ings SSPC -VIS 2 /ASTM D 610 Standard Method of Evaluating Degrees of Rusting on Painted Steel Surfaces' 3. Significance and Use 3.1 The amount of rusting beneath or through a paint film is a significant factor in determining whether a coating system should be repaired or replaced. This test method provides a standardized means for quantifying the amount and distribution of visible surface rust. 3.2 The degree of rusting is evaluated using a zero to ten scale based on the percentage of visible surface rust. This test method is under the jurisdiction of ASTM Committee DO1 on Paint and Related Coatings, Materials, and Applications and is the direct responsibility of Subcommittee DO1.46 on Industrial Protective Coatings. This test method has been jointly approved by ASTM and SSPC: The Society for Protective Coatings. Current edition approved May 10, 2001, Published July 2001. Originally published as D 610 – 41. Last previous edition D 610 – 95. Z Colored visual examples are available at a nominal cost from ASTM Head- quarters (request Adjunct ADTD0610a), SSPC Publication No. 00 -08 from SSPC: The Society for Protective Coatings, 40 24th Street, Sixth Floor, Pittsburgh, PA 15213, www.sspe.org. 3.3 The distribution of the rust is classified as spot rust, general rust, pinpoint rust or hybrid rust. 4. Interferences 4.1 The visual examples that are part of this test method and the associated rust -grade scale cover only rusting evidenced by visible surface rust. 4.2 The use of the visual examples requires the following cautions: 4.2.1 Some finishes are stained by rust. This staining must not be confused with the actual rusting involved. 4.2.2 Accumulated dirt or other material may make accurate determination of the degree of rusting difficult. 4.2.3 Certain types of deposited dirt that contain iron or iron compounds may cause surface discoloration that should not be mistaken for corrosion. 4.2.4 Failure may vary over a given area. Discretion must therefore be used when selecting a single rust grade or rust distribution that is to be representative of a large area or structure, or in subdividing a structure for evaluation. 4.2.5 The color of the finish coating should be taken into account in evaluating surfaces as failures will be more apparent on a finish that shows color contrast with rust, such as used in these reference standards, than on a similar color, such as an iron oxide finish. 5. Procedure 5.1 Select an area to be evaluated. 5.2 Determine the type of rust distribution using definitions in Table 1 and visual examples in Fig. 1, Fig. 2, and Fig. 3. 5.3 Estimate percentage of surface area rusted using the visual examples in Fig. 1, Fig. 2, and Fig. 3 or SSPC -VIS 2, or both, by electronic scanning techniques or other method agreed upon by contracting parties. NoTE 1 —The numerical rust grade scale is an exponential function of the area of rust. The rust grade versus area of rust is a straight line plot on semilogarithmic coordinate from rust grade 10 to rust grade 4. The slope of the curve was changed at 10 % of the area rusted to 100 % rusted to permit inclusion of complete rusting on the 0 to 10 rust scale. *A Summary of Changes section appears at the end of this standard. Copyright 0 ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428 -2959, United States. D610-01 TABLE 1 Scale and Description of Rust Ratings Visual Examples Rust Grade Percent of Surface Rusted Spot(s) General (G) Pinpoint (P) 10 Less than or equal to 0.01 percent None 9 Greater than 0.01 percent and up to 0.03 percent 9 -S 9 -G 9 -P 8 Greater than 0.03 percent and up to 0.1 percent 8 -S 8 -G 8 -P 7 Greater than 0.1 percent and up to 0.3 percent 7 -S 7 -G 7 -P 6 Greater than 0.3 percent and up to 1.0 percent 6-S 6 -G 6 -P 5 Greater than 1.0 percent and up to 3.0 percent 5-S 5 -G 5-P 4 Greater than 3.0 percent and up to 10.0 percent 4 -S 4 -G 4 -P 3 Greater than 10.0 percent and up to 16.0 percent 3 -S 3 -G 3 -P 2 Greater than 16.0 percent and up to 33.0 percent 2 -S 2 -G 2 -P 1 Greater than 33.0 percent and up to 50.0 percent 1 -S 1 -G 1 -P 0 Greater than 50 percent None Rust Distribution Types: S: Spot Rusting -Spot rusting occurs when the bulk of the rusting is concentrated in a few localized areas of the painted surface. The visual examples depicting this type of rusting are labeled 9 -S thru 1 -S (See Fig. 1, Fig. 2, and Fig. 3). G: General Rusting - General rusting occurs when various size rust spots are randomly distributed across the surface. The visual examples depicting this type of rusting are labeled 9 -G thru 1 -G. (See Fig. 1, Fig. 2, and Fig. 3). P: Pinpoint Rusting- Pinpoint rusting occurs when the rust is distributed across the surface as very small individual specks of rust. The visual examples depicting this type of rusting are labeled 9 -P through 1 -P. (See Fig. 1, Fig. 2, and Fig. 3). H: Hybrid Rusting -An actual rusting surface may be a hybrid of the types of rust distribution depicted in the visual examples. In this case, report the total percent of rust to classify the surface. 9 -H through 1 -H. 5.4 Use percentage of surface area rusted to identify rust grade (see Table 1). Assign rust rating using rust grade of 0 -10 followed by the type of rust distribution identified by S for spot, G for general, P for pinpoint or H for Hybrid. 5.5 The visual examples are not required for use of the rust -grade scale since the scale is based upon the percent of the area rusted and any method of assessing area rust may be used to determine the rust grade. 6.3 Report rust distribution using S for Spot, G for General, P for Pinpoint and H for Hybrid. 7. Precision and Bias 7.1 No precision or bias statement can be made for this test method. 8. Keywords 6. Report 6.1 Identify sample or area evaluated. 6.2 Report rust grade using rating of 0 -10. 8.1 corrosion; rusting D610-01 Di C c� C CD v O W 0 C CD Q K • Q CD T n O 0 C N (D Q w Q CD T P 0 0 c (D CL JJ w CL CD m 0 0 c C (D a FIG. 1 Examples of Area Percentac w Q CD m W O O W 0 C N CD a r w CL (D ^ o ^ vI 0 0 a CD Q X C w Q CD 1 P Vo 0 0 0 0 N (D CL cn a O -i M C in z O D M z M M D r M C z D z M O z C z 3 C G) w TI (D m 1 L/ 0 Cl) 0 Z7 (D a i 77 G7 w Q f CD v 0 co 0 C (D Q K • Q CD T n O 0 C N (D Q w Q CD T P 0 0 c (D CL JJ w CL CD m 0 0 c C (D a FIG. 1 Examples of Area Percentac w Q CD m W O O W 0 C N CD a r w CL (D ^ o ^ vI 0 0 a CD Q X C w Q CD 1 P Vo 0 0 0 0 N (D CL cn a O -i M C in z O D M z M M D r M C z D z M O z C z 3 1 D610-01 N CD 0- CD A O 0 C CD Q CD CD ., N � 0 C CD a X C y Al C N O C CD CD Q 6 w • I `y milk r ' a C N Al CD N C17 W 0 7] C (n CD Q Cn CL w CD to o W c CD Q r � A 4 77 C Q A7 Q CD T W 0 ]7 (n CD CZ � 1 FIG. 2 Examples of Area Percentages M C N 01 C CD M J] C N CD Q w Q CD rn C CD m CL M C 111 C (D CA 0 CD a- t r w cn a 0 1 M C z 0 D M z M D r C V) d z 0 z 0 z C Z Pi 0 D610-01 c Q M O 0 ZJ C (D Q C w m � 1 w � cn 0 a C m Q M Q N Q CD �D W O ]7 C C CD Q c Q N W W 0 C CD Q 3J C w Q co N G) w w 0 w m Q C N Q (D N W 0 C (D Q FIG. 3 Examples of Area Percentages Q w U7 m 0 C CD CD Q C C Q m w rn 0 c m Q Q (D w _O do C CD (D Q r r' e i Aw ' n 0 0 0 C Z 0 C) M Z M D r C CD -i Z 0 Z M 0 Z C ^ Z ^ D 61 0 D610 -01 SUMMARY OF CHANGES Committee DO has identified the location of selected changes to this standard since the last date of issue that may impact the use of this standard. (1) This test method revised in 2001 to include the rust distribution information. (2) The visual examples were changed from nine pictorial representation to twenty -seven rust grade and rust distribution visual examples. (3) Previously numerical rust grade rating of 0 -10 were used. Now rust grade of 0 -10 are followed by rust distribution of S, G,P or H ASTM International takes no position respecting the validity of any patent rights asserted in connection with any item mentioned in this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the risk of infringement of such rights, are entirely their own responsibility. This standard is subject to revision at anytime by the responsible technical committee and must be reviewed every five years and if not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standards and should be addressed to ASTM International Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Committee on Standards, at the address shown below. This standard is copyrighted by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428 -2959, United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the above address or at 610 - 832 -9585 (phone), 610- 832 -9555 (fax), or service @astm.org (e- mail); or through the AST/W website (www.astm.org). Designation: D 714 — 02 INTERNdT10Nd� Standard Test Method for Evaluating Degree of Blistering of Paints' This standard is issued under the feed designation D 714; the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A superscript epsilon (e) indicates an editorial change since the last revision or reapproval. This standard has been approved for use by agencies of the Department of Defense. 1. Scope 1.1 This test method employs photographic reference stan- dards to evaluate the degree of blistering that may develop when paint systems are subjected to conditions which will cause blistering. While primarily intended for use on metal and other nonporous surfaces, this test method may be used to evaluate blisters on porous surfaces, such as wood, if the size of blisters falls within the scope of these reference standards. When the reference standards are used as a specification of performance, the permissible degree of blistering of the paint system shall be agreed upon by the purchaser and the seller. 1.2 This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appro- priate safety and health practices and determine the applica- bility of regulatory limitations prior to use. 2. Significance and Use 2.1 A phenomenon peculiar to painted surfaces is the formation of blisters relative to some system weakness. This test method provides a standard procedure of describing the size and density of the blisters so that comparisons of severity can be made. 3. Reference Standards 3.1 The photographic reference standards are glossy prints. Figs. 1 -4 are reproductions of these standards and are included to illustrate two characteristics of blistering: size and fre- quency. 3.2 Size— Reference standards have been selected for four steps as to size on a numerical scale from 1.0 to 0, in which No. 10 represents no blistering. Blistering standard No. 8 represents the smallest size blister easily seen by the unaided eye. Blistering standards Nos. 6, 4, and 2 represent progressively larger sizes. ' This test method is under the jurisdiction of ASTM Committee DOI on Paint and Related Coatings, Materials, and Applications and is the direct responsibility of Subcommittee DOL25 on Evaluation of Weathering Effects. Current edition approved Dec. 10, 2002. Published February 2003. Originally approved in 1943. Last previous edition approved in 2000 as D 714 – 87 (2000). 2 Glossy prints of the photographic reference standards showing types of blistering are available at a nominal charge from ASTM International. Order Adjunct ADJD0714. 3.3 Frequency — Reference standards have been selected for four steps in frequency at each step in size, designated as follows: Dense, D, Medium dense, MD, Medium, M, and Few, F. NOTE 1 —A quantitative physical description of blistering would in- clude the following characteristics determined by actual count: Size distribution in terms of mensuration units, Frequency of occurrence per unit area, Pattern of distribution over the surface, and Shape of blister For the usual tests, an actual count is more elaborate than is necessary. 4. Procedure 4.1 Subject the paint film to the test conditions agreed upon by the purchaser and the seller. Then evaluate the paint film for the degree of blistering by comparison with the photographic reference standards in Figs. 1 -4. 5. Report 5.1 Report blistering as a number (Note 2) designating the size of the blisters and a qualitative term or symbol indicating the frequency. 5.2 Intermediate steps in size or frequency of blisters may be judged by interpolation. 5.3 When the distribution of blisters over the area has a nonuniform pattern, use an additional phrase to describe the distribution, such as "small clusters," or "large patches." NoTE 2 —The number refers to the largest size blister that is numerous enough to be representative of the specimen. For example, photographic standard No. 4, "Dense," has blisters ranging in size from about No. 7 to No. 4, inclusive. 5.4 The pictorial representations in this standard which are published in the Book of Standards are sufficient in order to conduct the evaluation. It is preferable however, to use the original photographs or drawings when available. 6. Keywords 6.1 blistering, corrosion; evaluations; reference standards Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428 -2959, United States. D714 -02 Few FIG. 1 Blister Size No. 2 FIG. 1 (continued) Medium Dense Medium Dense 0 D714 -02 Dense Few FIG. 2 Blister Size No. 4 FIG. 2 (continued) Medium Dense 0 D714 -02 Few FIG. 3 Blister Size No. 6 FIG. 3 (continued) Medium Dense Medium Dense 011 D714 -02 Few FIG. 4 (continued) FIG. 4 Blister size No. 8 Dense Medium Medium Dense 0 D714 -02 ASTM International takes no position respecting the validity of any patent rights asserted in connection with any item mentioned in this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the risk of infringement of such rights, are entirely their own responsibility. This standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years and if not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standards and should be addressed to ASTM International Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Committee on Standards, at the address shown below. This standard is copyrighted by ASTM international, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428 -2959, United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the above address or at 610- 832 -9585 (phone), 610 - 832 -9555 (fax), or service@astm.org (e- mail); or through the ASTM website (www.astm.org). Designation: D 3359 — 02 INTERNATIONAL Standard Test Methods for Measuring Adhesion by Tape Test' This standard is issued under the fixed designation D 3359; the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A superscript epsilon (e) indicates an editorial change since the last revision or reapproval. This standard has been approved for use by agencies of the Department of Defense. 1. Scope 1.1 These test methods cover procedures for assessing the adhesion of coating films to metallic substrates by applying and removing pressure- sensitive tape over cuts made in the film. 1.2 Test Method A is primarily intended for use at job sites while Test Method B is more suitable for use in the laboratory. Also, Test Method B is not considered suitable for films thicker than 5 mils (125µm). Noce I— Subject to agreement between the purchaser and the seller, Test Method B can be used for thicker films if wider spaced cuts are employed. 1.3 These test methods are used to establish whether the adhesion of a coating to a substrate is at a generally adequate level. They do not distinguish between higher levels of adhesion for which more sophisticated methods of measure- ment are required. NOTE 2 —It should be recognized that differences in adherability of the coating surface can affect the results obtained with coatings having the same inherent adhesion. 1.4 In multicoat systems adhesion failure may occur be- tween coats so that the adhesion of the coating system to the substrate is not determined. 1.5 The values stated in SI units are to be regarded as the standard. The values given in parentheses are for information only. 1.6 This standard does not purport to address the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. Related Coating Products D 823 Practices for Producing Films of Uniform Thickness of Paint, Vanish, and Related Products on Test Panels D 1000 Test Method For Pressure - Sensitive Adhesive - Coated Tapes Used for Electrical and Electronic Applica- tions' D 1730 Practices for Preparation of Aluminum and Aluminum -Alloy Surfaces for Painting' D 2092 Guide for Preparation of Zinc - Coated (Galvanized) Steel Surfaces for Painting D 2370 Test Method for Tensile Properties of Organic Coatings D 3330 Test Method for Peel Adhesion of Pressure - Sensitive Tape 6 D 3924 Specification for Standard Enviromnent for Condi- tioning and Testing Paint, Vanish, Lacquer, and Related Materials D 4060 Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser 3. Summary of Test Methods 3.1 Test Method A —An X -cut is made through the film to the substrate, pressure- sensitive tape is applied over the cut and then removed, and adhesion is assessed qualitatively on the 0 to 5 scale. 3.2 Test Method B —A lattice pattern with either six or eleven cuts in each direction is made in the film to the substrate, pressure- sensitive tape is applied over the lattice and then removed, and adhesion is evaluated by comparison with descriptions and illustrations. 4. Significance and Use 2. Referenced Documents 2.1 ASTM Standards: D 609 Practice for Preparation of Cold- Rolled Steel Panels for Testing Paint, Varnish, Conversion Coatings, and ' These test methods are under the jurisdiction of ASTM Connuittee DO1 on Paint and Related Coatings, Materials, and Applications and are the direct responsibility of Subcommittee DO1.23 on Physical Properties of Applied Paint Films. Current edition approved Aug. 10 2002. Published October 2002. Originally published as D 3359 — 74. Last previous edition D 3359 — 97. 4.1 If a coating is to fulfill its function of protecting or decorating a substrate, it must adhere to it for the expected service life. Because the substrate and its surface preparation (or lack of it) have a drastic effect on the adhesion of coatings, a method to evaluate adhesion of a coating to different substrates or surface treatments, or of different coatings to the z Annual Book c f ASTM Standards, Vol 06.01. ' Annual Book of ASTM Standards, Vol 10.01. "Annual Book ofASTlvf Standards, Vol 02.05. e Annual Book of ASTM Standards, Vol 06.02. 'Annual Book of ASTM Standards, Vol 15.09. Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428 -2959, United States. D 3359 - 02 same substrate and treatment, is of considerable usefulness in the industry. 4.2 The limitations of all adhesion methods and the specific limitation of this test method to lower levels of adhesion (see 1.3) should be recognized before using it. The intra- and inter- laboratory precision of this test method is similar to other widely- accepted tests for coated substrates (for example, Test Method D 2370 and Test Method D 4060), but this is partly the result of it being insensitive to all but large differences in adhesion. The limited scale of 0 to 5 was selected deliberately to avoid a false impression of being sensitive. TEST METHOD A —X -CUT TAPE TEST 5. Apparatus and Materials 5.1 Cutting Tool —Sharp razor blade, scalpel, knife or other cutting devices. It is of particular importance that the cutting edges be in good condition. 5.2 Cutting Guide—Steel or other hard metal straightedge to ensure straight cuts. 5.3 Tape- 25 -nvm (1.0 -in.) wide semitransparent pressure - sensitive tape with an adhesion strength agreed upon by the supplier and the user is needed. Because of the variability in adhesion strength from batch -to -batch and with time, it is essential that tape from the same batch be used when tests are to be run in different laboratories. If this is not possible the test method should be used only for ranking a series of test coatings. 5.4 Rubber Eraser, on the end of a pencil. 5.5 Illumination —A light source is helpful in determining whether the cuts have been made through the film to the substrate. 6. Test Specimens 6.1 When this test method is used in the field, the specimen is the coated structure or article on which the adhesion is to be evaluated. 6.2 For laboratory use apply the materials to be tested to panels of the composition and surface conditions on which it is desired to determine the adhesion. NOTE 3— Applicable test panel description and surface preparation methods are given in Practice D 609 and Practices D 1730 and D 2092. NOTE 4— Coatings should be applied in accordance with Practice D 823, or as agreed upon between the purchaser and the seller. NOTE 5 —If desired or specified, the coated test panels may be subjected to a preliminary exposure such as water immersion, salt spray, or high humidity before conducting the tape test. The conditions and time of exposure will be governed by ultimate coating use or shall be agreed upon between the purchaser and seller. 7. Procedure 7.1 Select an area free of blemishes and minor surface imperfections. For tests in the field, ensure that the surface is ' Permacel 99, manufactured by Pennacel, New Brunswick, NJ 08903, and available from various Pennacel tape distributors, is reported to be suitable for this purpose. The manufacturer of this tape and the manufacturer of the tape used in the interlaboratory study (see RR: D01- 1008), have advised this subcommittee that the properties of these tapes were changed. Users of it should, therefore, check whether current material gives comparable results to previous supplied material. clean and dry. Extremes in temperature or relative humidity may affect the adhesion of the tape or the coating. 7.1.1 For specimens which have been immersed: After immersion, clean and wipe the surface with an appropriate solvent which will not harm the integrity of the coating. Then dry or prepare the surface, or both, as agreed upon between the purchaser and the seller. 7.2 Make two cuts in the film each about 40 mm (1.5 in.) long that intersect near their middle with a smaller angle of between 30 and 45 °. When making the incisions, use the straightedge and cut through the coating to the substrate in one steady motion. 7.3 Inspect the incisions for reflection of light from the metal substrate to establish that the coating film has been penetrated. If the substrate has not been reached make another X in a different location. Do not attempt to deepen a previous cut as this may affect adhesion along the incision. 7.4 Remove two complete laps of the pressure- sensitive tape from the roll and discard. Remove an additional length at a steady (that is, not jerked) rate and cut a piece about 75 mm (3 in.) long. 7.5 Place the center of the tape at the intersection of the cuts with the tape running in the same direction as the smaller angles. Smooth the tape into place by finger in the area of the incisions and then rub firmly with the eraser on the end of a pencil. The color under the transparent tape is a useful indication of when good contact has been made. 7.6 Within 90 ± 30 s of application, remove the tape by seizing the free end and pulling it off rapidly (not jerked) back upon itself at as close to an angle of 180° as possible. 7.7 Inspect the X -cut area for removal of coating from the substrate or previous coating and rate the adhesion in accor- dance with the following scale: 5A No peeling or removal, 4A Trace peeling or removal along incisions or at their intersection, 3A Jagged removal along incisions up to 1.6 mm ( /,e in.) on either side, 2A Jagged removal along most of incisions up to 3.2 mm ( /s in.) on either side, 1A Removal from most of the area of the X under the tape, and OA Removal beyond the area of the X. 7.8 Repeat the test in two other locations on each test panel. For large structures make sufficient tests to ensure that the adhesion evaluation is representative of the whole surface. 79 After making several cuts examine the cutting edge and, if necessary, remove any flat spots or wire -edge by abrading lightly on a fine oil stone before using again. Discard cutting tools that develop nicks or other defects that tear the film. 8. Report 8.1 Report the number of tests, their mean and range, and for coating systems, where the failure occurred that is, between first coat and substrate, between first and second coat, etc. 8.2 For field tests report the structure or article tested, the location and the environmental conditions at the time of testing. 8.3 For test panels report the substrate employed, the type of coating, the method of cure, and the environmental conditions at the time of testing. 8.4 If the adhesion strength of the tape has been determined in accordance with Test Methods D 1000 or D 3330, report the <t1.� D 3359 - 02 results with the adhesion rating(s). If the adhesion strength of the tape has not been determined, report the specific tape used and its manufacturer. 8.5 If the test is performed after immersion, report immer- sion conditions and method of sample preparation. 9. Precision and Bias 8 9.1 In an interlaboratory study of this test method in which operators in six laboratories made one adhesion measurement on three panels each of three coatings covering a wide range of adhesion, the within- laboratories standard deviation was found to be 0.33 and the between- laboratories 0.44. Based on these standard deviations, the following criteria should be used for judging the acceptability of results at the 95 % confidence level: 9.1.1 Repeatability- Provided adhesion is unifonn over a large surface, results obtained by the same operator should be considered suspect if they differ by more than 1 rating unit for two measurements. 9.1.2 Reproducibiliiy Two results, each the mean of trip- licates, obtained by different operators should be considered suspect if they differ by more than 1.5 rating units. 9.2 Bias cannot be established for these test methods. TEST METHOD B- CROSS -CUT TAPE TEST 10. Apparatus and Materials 10.1 Cutting Tool' -Sharp razor blade, scalpel, knife or other cutting device having a cutting edge angle between 15 and 30° that will make either a single cut or several cuts at once. It is of particular importance that the cutting edge or edges be in good condition. 10.2 Cutting Guide -If cuts are made manually (as opposed to a mechanical apparatus) a steel or other hard metal straight- edge or template to ensure straight cuts. 10.3 Rule - Tempered steel rule graduated in 0.5 mm for measuring individual cuts. 10.4 Tape, as described in 5.3. 10.5 Rubber Eraser, on the end of a pencil. 10.6 Illumination, as described in 5.5. 10.7 Magnifying Glass -An illuminated magnifier to be used while making individual cuts and examining the test area. 11. Test Specimens 11.1 Test specimens shall be as described in Section 6. It should be noted, however, that multitip cutters provide good results only on test areas sufficiently plane that all cutting edges contact the substrate to the same degree. Check for flatness with a straight edge such as that of the tempered steel rule (10.3). s Supporting data are available from ASTM International Headquarters. Request RR: DO1 -1008. s Multiblade cutters are available from a few sources that specialize in testing equipment for the paint industry. One supplier that has assisted in the refinement of these methods is given in footnote 10. " The sole source of supply of the multitip cutter for coated pipe surfaces known to the committee at this time is Paul N. Gardner Co., 316 NE First St., Pompano Beach, FL 33060. If you are aware of alternative suppliers, please provide this information to ASTM International Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee,' which you may attend. 12. Procedure 12.1 Where required or when agreed upon, subject the specimens to a preliminary test before conducting the tape test (see Note 3). After drying or testing the coating, conduct the tape test at room temperature as defined in Specification D 3924, unless D 3924 standard temperature is required or agreed. 12. 1.1 For specimens which have been immersed: After immersion, clean and wipe the surface with an appropriate solvent which will not harm the integrity of the coating. Then dry or prepare the surface, or both, as agreed upon between the purchaser and the seller. 12.2 Select an area free of blemishes and minor surface imperfections, place on a firm base, and under the illuminated magnifier, make parallel cuts as follows: 12.2.1 For coatings having a dry film thickness up to and including 2.0 mils (50 µ1n) space the cuts 1 mm apart and make eleven cuts unless other wise agreed upon. 12.2.2 For coatings having a dry film thickness between 2.0 mils (50 µm) and 5 mils (125 µm), space the cuts 2 mm apart and make six cuts. For films thicker than 5 mils use Test Method A." 12.2.3 Make all cuts about 20 mm ( in.) long. Cut through the fihn to the substrate in one steady motion using just sufficient pressure on the cutting tool to have the cutting edge reach the substrate. When making successive single cuts with the aid of a guide, place the guide on the uncut area. 12.3 After making the required cuts brush the film lightly with a soft brush or tissue to remove any detached flakes or ribbons of coatings. 12.4 Examine the cutting edge and, if necessary, remove any flat spots or wire -edge by abrading lightly on a fine oil stone. Make the additional number of cuts at 90° to and centered on the original cuts. 12.5 Brush the area as before and inspect the incisions for reflection of light from the substrate. If the metal has not been reached make another grid in a different location. 12.6 Remove two complete laps of tape and discard. Re- move an additional length at a steady (that is, not jerked) rate and cut a piece about 75 nun (3 in.) long. 12.7 Place the center of the tape over the grid and in the area of the grid smooth into place by a finger. To ensure good contact with the film rub the tape firmly with the eraser on the end of a pencil. The color under the tape is a useful indication of when good contact has been made. 12.8 Within 90 ± 30 s of application, remove the tape by seizing the free end and rapidly (not jerked) back upon itself at as close to an angle of 180° as possible. 12.9 Inspect the grid area for removal of coating from the substrate or from a previous coating using the illuminated magnifier. Rate the adhesion in accordance with the following scale illustrated in Fig. 1: " Test Method B has been used successfully by some people on coatings greater than 5 mils (0.13 mm) by spacing the cuts 5 nun apart. However, the precision values given in 14.1 do not apply as they are based on coatings less than 5 mm (0.13 nun) in thickness. D 3359 - 02 513 The edges of the cuts are completely smooth; none of the squares of the lattice is detached. 4B Small flakes of the coating are detached at intersections; less than 5 % of the area is affected. 3B Small flakes of the coating are detached along edges and at intersec- tions of cuts. The area affected is 5 to 15 % of the lattice. 2B The coating has flaked along the edges and on parts of the squares. The area affected is 15 to 35 % of the lattice. 1B The coating has flaked along the edges of cuts in large ribbons and whole squares have detached. The area affected is 35 to 65 % of the lattice. OB Flaking and detachment worse than Grade 1. 12.10 Repeat the test in two other locations on each test panel. 13. Report 13.1 Report the number of tests, their mean and range, and for coating systems, where the failure occurred, that is, between first coat and substrate, between first and second coat, etc. 13.2 Report the substrate employed, the type of coating and the method of cure. 13.3 If the adhesion strength has been determined in accor- dance with Test Methods D 1000 or D 3330, report the results with the adhesion rating(s). If the adhesion strength of the tape has not been determined, report the specific tape used and its manufacturer. 13.4 If the test is performed after immersion, report immer- sion conditions and method of sample preparation. 14. Precision and Bias 8 14.1 On the basis of two interlaboratory tests of this test method in one of which operators in six laboratories made one adhesion measurement on three panels each of three coatings covering a wide range of adhesion and in the other operators in six laboratories made three measurements on two panels each of four different coatings applied over two other coatings, the pooled standard deviations for within- and between - laboratories were found to be 0.37 and 0.7. Based on these standard deviations, the following criteria should be used for judging the acceptability of results at the 95 % confidence level: 14. 1.1 Repeatability— Provided adhesion is uniform over a large surface, results obtained by the same operator should be considered suspect if they differ by more than one rating unit for two measurements. CLASSIFICATION OF ADHESION TEST RESULTS CLASSIFICATION PERCENT AREA REMOV J VURFACE OF CROSS -CUT AREA FROM WHICH FLAKING HAS OCCURRED FOR SIX PARALLEL CUTS AND ADHESION RANGE BY PERCENT 5B o; None I 1 4S Less than 5% 3B 5 - 15% — — II � 2B 15 - 35% II_ I I — II 111 1B 35 - 65% I� I III) II OB Greater than 65°1 —_ I II 11 FIG. 1 Classification of Adhesion Test Results 14.1.2 Reproducibility —Two results, each the mean of du- plicates or triplicates, obtained by different operators should be considered suspect if they differ by more than two rating units. 14.2 Bias cannot be established for these test methods. 15. Keywords 15.1 adhesion; crosscut adhesion test method; tape; tape adhesion test method; X -cut adhesion test method 4 0 D 3359 - 02 APPENDIX (Nonmandatory Information) Xl. COMMENTARY X1.1 Introduction X1.1.1 Given the complexities of the adhesion process, can adhesion be measured? As Mittal (1) has pointed out, the answer is both yes and no. It is reasonable to state that at the present time no test exists that can precisely assess the actual physical strength of an adhesive bond. But it can also be said that it is possible to obtain an indication of relative adhesion performance. X1.1.2 Practical adhesion test methods are generally of two types: "implied" and "direct. " "Implied" tests include inden- tation or scribe techniques, rub testing, and wear testing. Criticism of these tests arises when they are used to quantify the strength of adhesive bonding. But this, in fact, is not their purpose. An "implied" test should be used to assess coating performance under actual service conditions. "Direct" mea- surements, on the other hand, are intended expressly to measure adhesion. Meaningful tests of this type are highly sought after, primarily because the results are expressed by a single discrete quantity, the force required to rupture the coating /substrate bond under prescribed conditions. Direct tests include the Hesiometer and the Adherometer (2). Com- mon methods which approach the direct tests are peel, lap - shear, and tensile tests. X1.2 Test Methods X1.2.1 In practice, munerous types of tests have been used to attempt to evaluate adhesion by inducing bond rupture by different modes. Criteria deemed essential for a test to warrant large -scale acceptance are: use of a straightforward and unam- biguous procedure; relevance to its intended application; re- peatability and reproducibility; and quantifiability, including a meaningful rating scale for assessing performance. X1.2.2 Test methods used for coatings on metals are: peel adhesion or "tape testing;" Gardner impact flexibility testing; and adhesive joint testing including shear (lap joint) and direct tensile (butt joint) testing. These tests do not strictly meet all the criteria listed, but an appealing aspect of these tests is that in most cases the equipment /instrumentation is readily avail- able or can be obtained at reasonable cost. X1.2.3 A wide diversity of tests methods have been devel- oped over the years that measure aspects of adhesion (1 -5). There generally is difficulty, however, in relating these tests to basic adhesion phenomena. X1.3 The Tape Test X1.3.1 By far the most prevalent test for evaluating coating "adhesion" is the tape- and -peel test, which has been used since the 1930's. In its simplest version a piece of adhesive tape is pressed against the paint film and the resistance to and degree " The boldface numbers in parentheses refer to the list of references at the end of this test method. of film removal observed when the tape is pulled off. Since an intact film with appreciable adhesion is frequently not removed at all, the severity of the test is usually enhanced by cutting into the film a figure X or a cross hatched pattern, before applying and removing the tape. Adhesion is then rated by comparing film removed against an established rating scale. If an intact fihn is peeled cleanly by the tape, or if it debonds just by cutting into it without applying tape, then the adhesion is rated simply as poor or very poor, a more precise evaluation of such films not being within the capability of this test. X1.3.2 The current widely -used version was first published in 1974; two test methods are covered in this standard. Both test methods are used to establish whether the adhesion of a coating to a substrate is at an adequate level; however they do not distinguish between higher levels of adhesion for which more sophisticated methods of measurement are required. Major limitations of the tape test are its low sensitivity, applicability only to coatings of relatively low bond strengths, and non - determination of adhesion to the substrate where failure occurs within a single coat, as when testing primers alone, or within or between coats in multicoat systems. For multicoat systems where adhesion failure may occur between or within coats, the adhesion of the coating system to the substrate is not determined. X1.3.3 Repeatability within one rating unit is generally observed for coatings on metals for both methods, with reproducibility of one to two units. The tape test enjoys widespread popularity and is viewed as "simple" as well as low in cost. Applied to metals, it is economical to perform, lends itself to job site application, and most importantly, after decades of use, people feel comfortable with it. X1.3.4 When a flexible adhesive tape is applied to a coated rigid substrate surface and then removed, the removal process has been described in terms of the "peel phenomenon," as illustrated in Fig. X1.1. X1.3.5 Peeling begins at the "toothed" leading edge (at the right) and proceeds along the coating adhesive /interface or the coating /substrate interface, depending on the relative bond strengths. It is assumed that coating removal occurs when the tensile force generated along the latter interface, which is a function of the Theological properties of the backing and adhesive layer materials, is greater than the bond strength at the coating - substrate interface (or cohesive strength of the coat- ing). In actuality, however, this force is distributed over a discrete distance (O -A) in Fig. X1.1, which relates directly to the properties described, not concentrated at a point (0) in Fig. X1.1 as in the theoretical case — though the tensile force is greatest at the origin for both. A significant compressive force arises from the response of the tape backing material to being stretched. Thus both tensile and compressive forces are in- volved in adhesion tape testing. X1.3.6 Close scrutiny of the tape test with respect to the D 3359 - 02 iESIVE COATING SUBSTRATE TAL nature of the tape employed and certain aspects of the procedure itself reveal several factors, each or any combination of which can dramatically affect the results of the test as discussed (6). X1.4 Peel Adhesion Testing on Plastic Substrates X1.4.1 Tape tests have been criticized when used for substrates other than metal, such as plastics. The central issues are that the test on plastics lacks reproducibility and does not relate to the intended application. Both concerns are well founded: poor precision is a direct result of several factors intrinsic to the materials employed and the procedure itself. More importantly, in this instance the test is being applied beyond its intended scope. These test methods were designed for relatively ductile coatings applied to metal substrates, not for coatings (often brittle) applied to plastic parts (7). The unique fitnctional requirements of coatings on plastic sub- strates cause the usual tape tests to be unsatisfactory for measuring adhesion perfonmance in practice. X1.5 The Tape Controversy X1.5.1 With the withdrawal from commerce of the tape specified originally, 3M No. 710, current test methods no longer identify a specific tape. Differences in tapes used can lead to different results as small changes in backing stiffness and adhesive rheology cause large changes in the tension area. Some commercial tapes are manufactured to meet minimum standards. A given lot may surpass these standards and thus be suitable for general market distribution; however, such a lot may be a source of serious and unexpected error in assessing adhesion. One coimnercially available tape test kit had in- cluded a tape with adhesion strength variations of up to 50 % claimed by the manufacturer. Also, because tapes change on storage, bond strengths of the tape may change over time (7, 8). X1.5.2 While there are tapes available that appear to deliver consistent performance, a given tape does not adhere equally well to all coatings. For example, when the peel removal force of the tape (from the coating) used earlier by Task Group DO1.23.10 to establish precision of the method, by 3M No. 710 was examined with seven different electromagnetic interference /radio frequency interference (EMURFI) coatings, it was found that, while peel was indeed consistent for a given coating, the value varied by 25 % between the highest and lowest ratings among coatings. Several factors that contribute to these differences include coating composition and topology: as a result, no single tape is likely to be suitable for testing all coatings. Further, the tape test does not give an absolute value for the force required for bond rupture, but serves only as an indicator that some minimum value for bond strength was met or exceeded (7, 8). X1.6 Procedural Problems X1.6.1 The tape test is operator intensive. By design it was made as simple as possible to perform, and requires a mini- mum of specialized equipment and materials that must meet certain specifications. The accuracy and precision depend largely upon the skill of the operator and the operator's ability to perform the test in a consistent manner. Key steps that directly reflect the importance of operator skill include the angle and rate of tape removal and the visual assessment of the tested sample. It is not unexpected that different operators might obtain different results (7, 8). X1.6.2 Peel Angle and Rate: The standard requires that the free end of the tape be removed rapidly at as close to a 180° angle as possible. If the peel angle and rate vary, the force required to remove the tape can change dramatically. Nearly linear increases were observed in peel force approaching 100 % as peel angle was changed from 135 to 180, and similar large differences can be expected in peel force as peel rate varies. These effects are related as they reflect certain rheological properties of the backing and adhesive that are molecular in origin. Variation in pull rate and peel angle can effect large differences in test values and must be minimized to assure reproducibility (9). X1.6.3 visual Assessment: The final step in the test is visual assessment of the coating removed from the specimen, which is subjective in nature, so that the coatings can vary among individuals evaluating the same specimen (9). X1.63.1 Performance in the tape test is based on the amount of coating removed compared to a descriptive scale. The exposure of the substrate can be due to factors other than coating adhesion, including that arising from the requirement that the coating be cut (hence the synonym" cross -hatch adhesion test "). Justification for the cutting step is reasonable as cutting provides a free edge from which peeling can begin without having to overcome the cohesive strength of the coating layer. X1.6.3.2 Cutting might be suitable for coatings applied to metal substrates, but for coatings applied to plastics or wood, the process can lead to a misleading indication of poor adhesion due to the unique interfacial zone. For coatings on soft substrates, issues include how deep should this cut penetrate, and is it possible to cut only to the interface? X1.6.3.3 In general, if adhesion test panels are examined microscopically, it is often clearly evident that the coating removal results from substrate failure at or below the interface, and not from the adhesive failure between the coating and the substrate. Cohesive failure within the coating film is also FIG. X1.1 Peel Profile (6) 0 D 3359 - 02 frequently observed. However, with the tape test, failures within the substrate or coating layers are rare because the tape adhesive is not usually strong enough to exceed the cohesive strengths of normal substrates and organic coatings. Although some rather brittle coatings may exhibit cohesive failure, the tape test adhesion method does not make provision for giving failure locality (7, 8). X1.6.4 Use of the test method in the field can lead to variation in test results due to temperature and humidity changes and their effect upon tape, coating and substrate. X1.7 Conclusion X1.7.1 All the issues aside, if these test methods are used within the Scope Section and are performed carefully, some insight into the approximate, relative level of adhesion can be gained. REFERENCES (1) Mittal, K. L., "Adhesion Measurement: Recent Progress, Unsolved Problems, and Prospects ", "Adhesion Measurement of Thin Films, Thick Films, and Bulk Coatings," ASTMSTP 640, ASTM, 1978, pp. 7 -8. (2) Corcoron, E. M., "Adhesion," Chapter 5.3, Paint Testing Manual, 13th ed., ASTAI STP 500, ASTM, 1972, pp. 314 -332. (3) Gardner, H. A., and Sward, G. G., Paint Testing Alanual, 12th ed., Chapter 7, Gardner Laboratory, Bethesda, MD, 1962, pp. 159 -170. (4) Mittal, K. L., Journal ofAdhesion Science and Technology, Vol 1, No. 3, 1987, pp. 247 -259. (5) Stoffer, J. O., and Gadodia, S. K., American Paint and Coatings Journal, Vol 70, Nos. 50 and 51, 1991, pp. 36-40 and 36-51, respectively. (6) Souheng, Wu, Polymer Interface and Adhesion, Marcel Dekker, Inc., New York, NY, 1982, p. 531. (7) Nelson, G. L., Gray, K. N., and Buckley, S. E., Modern Paint and Coatings, Vol 75, No. 10, 1985, pp. 160 -172. (8) Nelson, G. L., and Gray, K. N., "Coating Adhesion to Plastics," Proceedings, Raterborne and Higher Solids Coatings Symposium, Vol 13, New Orleans, LA, February 5 -7, 1986, pp. 114 -131. (9) K. L. Mittal, ed., "Symposium on Adhesion Aspects of Polymeric Coatings," Proceedings, The Electrochemical Society, 1981, pp. 569 -582. SUMMARY OF CHANGES Committee DO1 has identified the location of selected changes to this standard since the last issue (D 3359 - 97) that may impact the use of this standard. (1) Deleted reference to Test Method D 2197 in Referenced Documents section and editorially changed footnote 10 to avoid confusion with another adhesion test method. (2) Added 7.1.1, 8.5, 12.1.1, and 13.4 to clarify use when testing samples that have been inunersed. ASTM International takes no position respecting the validity of any patent rights asserted in connection with any item mentioned in this standard. 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Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the above address or at 610- 832 -9585 (phone), 610- 832 -9555 (fax), or service @astm.org (e- mail); or through the ASTM website (www.astm.org). This Page Left Blank Intentionally The Bid is to be submitted on photocopies of this Bid Form and the attachments provided. DOCUMENT 00 4100 G11_�:111 Total Bid Amount with Alternates$ Contractor Name Telephone PROJECT IDENTIFICATION: Innsdale Ground Storage Tank Rehabilitation City of Cottage Grove, Minnesota SEH No. COTTG 114409 BIDS TO BE OPENED: TABLE OF ARTICLES Page Article 1 — Bid Recipient .... ............................... Article 2 — Bidder's Acknowledgements........... Article 3 — Bidder's Representations ................. Article 4 — Bidder's Certification ...................... Article 5 — Basis of Bid ...... ............................... Article 6 — Time of Completion ........................ Article 7 — Attachments To This Bid ................. Article 8 — Defined Terms .. ............................... Article 9 — Bid Submittal .... ............................... ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: ......................................................................... ..............................1 ......................................................................... ..............................1 ......................................................................... ..............................2 ......................................................................... ..............................2 ........................................................................ ............................... 3 ......................................................................... ..............................4 ......................................................................... ..............................4 ......................................................................... ..............................4 ........................................................................ ............................... 5 Jennifer Levitt - City Engineer City of Cottage Grove, Minnesota 7516 South 80th Street Cottage Grove, MN 55016 1.02 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. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 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 day of Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. COTTG 114409 0041 00-1 ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date 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 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) that have been identified in S.C. 4.02 as containing reliable "technical data ", and (2) reports and drawings of a Hazardous Environmental Condition, if any, that have been identified in S.C. 4.06 as containing reliable "technical data ". E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site - related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01 above, 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. 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 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. I. 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. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; Bid Form 0041 00-2 COTTG 114409 B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.0 LD: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE BID Est Item No. Description Unit Qty Bid Unit Price Bid Price 1. Mobilization & Site Maintenance LS 1 $ $ 2. Containment LS 1 $ $ 3. Repair & Modifications (33 16 40) LS 1 $ $ 4. Dehumidification LS 1 $ $ 5. Interior Wet Coating (09 97 13) LS 1 $ $ 6. Valve Vault & Piping (09 97 13) LS 1 $ $ 7. Exterior Coating (09 97 13) LS 1 $ $ 8. Miscellaneous Concrete LS 1 $ $ 9. Miscellaneous Electrical LS 1 $ $ 10. Site Improvements LS 1 $ $ 11. Site Restoration LS 1 $ $ 12. De -Icing Units LS 1 $ $ 13. Interior Caulking LF 1,000 $ $ Bid Form COTTG 114409 0041 00-3 Est Item No. Description Unit Qty Bid Unit Price Bid Price 14. Interior Grinding HOUR 50 $ $ 15. Exterior Caulking 16. Two (2) Year Warranty LF 150 $ LS 1 $ TOTAL BID PRICE $ Alternate A - Two (2) Hatches on Vault Yard Alternate B - Sump in Valve Vault TOTAL BID PRICE WITH ALTERNATES $ 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 on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete 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. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Bid Bond or Cashiers Check. B. List of Proposed Subcontractors. C. List of Proposed Suppliers. D. List of Project References. E. Affidavit of Non - Collusion. F. List other documents as pertinent. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Bid Form 0041 00-4 COTTG 114409 ARTICLE 9 — BID SUBMITTAL 9.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By: Doing business as: A Partnership Partnership Name: By: (SEAL) (Individual's signature) (Signature of general partner - attach evidence of authority to sign) Name (typed or printed): A Joint Venture Name of Joint Venturer: First Joint Venturer Name: By: (Signature of first joint venture partner - attach evidence of authority to sign) Name (typed or printed): Title: (SEAL) Second Joint Venturer Name: By: (Signature - attach evidence of authority to sign) ( SEAL) Name (typed or printed): Title: (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.) Bid Form (SEAL) COTTG 114409 0041 00-5 A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: (SEAL) (CORPORATE SEAL) Attest: (Signature of Corporate Secretary) Date of Qualification to do business in is (State Where Project is Located) 9.02 Contact Information Bidder's Business Address: Phone: Submitted on State Contractor License No. Bid Form , 20 (If applicable) E -mail: Facsimile: 0041 00-6 COTTG 114409 DOCUMENT 00 43 36 LIST OF PROPOSED SUBCONTRACTORS Company Name of Contact _ Address Type of Construction Company Name of Contact _ Address Type of Construction Company Name of Contact _ Address Type of Construction Company Name of Contact Address Type of Construction Company Name of Contact Address Type of Construction Company Name of Contact _ Address Type of Construction Telephone No. Telephone No. Telephone No. Telephone No. Telephone No. Telephone No. List of Proposed Subcontractors COTTG 114409 004336-1 This Page Left Blank Intentionally DOCUMENT 00 43 37 LIST OF PROPOSED SUPPLIERS Company Name of Contact Address Material/Equipment to be Supplied Company Name of Contact Address Material/Equipment to be Supplied Company Name of Contact Address Telephone No. Telephone No. Material/Equipment to be Supplied Company Name of Contact Address Telephone No. Material /Equipment to be Supplied Company Name of Contact Address Material/Equipment to be Supplied Company Name of Contact Address Material/Equipment to be Supplied Telephone No. Telephone No. Telephone No. List of Proposed Suppliers COTTG 114409 004337-1 This Page Left Blank Intentionally DOCUMENT 00 4414 PROJECT REFERENCES Below is a listing of the 5 most recent projects of a similar nature to this project which we have completed. 1. Contracting Agency Description of Work Agency Representative Title Phone Date of Contract 2. Contracting Aaencv Agency Representative Title Phone Date of Contract 3. Contracting Aaencv Description of Work Agency Representative Title Phone Date of Contract 4. Contracting Aaenc Description of Work Agency Representative Title Phone Date of Contract 5. Contracting Agency Description of Work Agency Representative Title Phone Date of Contract Name of Bidder By Description of Work Project References COTTG 114409 004414-1 This Page Left Blank Intentionally DOCUMENT 00 45 17 BIDDERS PROOF OF RESPONSIBILITY This Bidders Proof of Responsibility must be submitted in accordance with Article 3.01 of the Instructions to Bidders. On all contracts, bidder must submit a full and complete statement sworn to before any officer authorized to administer oaths of financial ability, equipment, experience in the work prescribed, and such other matters as the municipality may require for the protection and welfare of the public. The objective of the questionnaire is not to discourage bidding or make it difficult for qualified bidders to file bids. Neither is it intended to discourage beginning contractors. It is intended to make it possible for the Owner to have exact information on financial ability, equipment and experience involved in awarding contracts to parties unfamiliar to the Owner. Owner reserves the right to require additional information before awarding the contract in order to determine qualification for the work. The contents of this questionnaire will be considered confidential. This questionnaire is to be submitted to the following; the outside clearly marked "BIDDERS PROOF OF RESPONSIBILITY ": Attn: Doug Klamerus, PE Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive Saint Paul, MN 55110 -5196 651.490.2000 It is recommended that this questionnaire be returned by Registered Mail. If the Owner is not satisfied with the sufficiency of the answers to the questionnaire a financial statement may be required or they may reject the bid or require additional information. STATEMENT OF BIDDER'S QUALIFICATIONS 1. Name of Bidder: 2. Bidder's Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business under the present firm name: 6. Contracts on hand (attach a list of present contracts, including a schedule as to estimate completion date and gross amount of each contract). 7. General character of work performed by your firm. 8. Have you ever failed to complete any work awarded to you: Yes No . If so, attach a statement detailing where and why. Bidders Proof of Responsibili COTTG 114409 00 45 17 - Have you ever defaulted on a contract: Yes No . If so, attach a statement detailing where and why. 10. Attach list of the more important contracts completed by your firm, including kind of work and approximate cost. 11. Attach list of your major equipment. 12. Attach a statement of your experience in the construction of work similar in scope to this project. 13. Attach statement of background and experience of the principal members of your personnel, including the officers. 14. Credit availability: Furnish written evidence, preferably from banks. 15. Additional information may also be submitted if desired. Bidders Proof of Responsibility 004517-2 COTTG 114409 DOCUMENT 00 45 19 STATE OF COUNTY OF AFFIDAVIT OF NON - COLLUSION I Hereby swear (or affirm) under the penalty of perjury: 1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership) or an officer or employee of the bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2) That the attached bid or bids have been arrived at by the bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; 3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me this day of , 20 Notary (Seal) Bidder's Signature Title Company A ffidavit of Non - Collusion COTTG 114409 004519-1 This Page Left Blank Intentionally DOCUMENT 00 52 00 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the City of Cottage Grove, Minnesota (Owner) and (Contractor). Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Rehabilitation of a Ground Storage Reservoir. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: hmsdale Ground Storage Tank Rehabilitation. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Short Elliott Hendrickson Inc. (Engineer) which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before June 17, 2010 and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before July 17, 2010. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1500 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to Standard Form of Agreement COTTG 114409 005200-1 complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1500 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.0 LC below: A. For all Work, at the prices stated in Contractor's Bid attached hereto as Document 00 41 00. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.I below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Subject to the provisions of SC- 14.02.B, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate required by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Standard Form of Agreement 005200-2 COTTG 114409 B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that have been identified in Paragraph SC -4.02 of the Supplementary Conditions as containing reliable "technical data" and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC -4.06 of the Supplementary Conditions as containing reliable "technical data ". E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: Addenda (numbers 00 00 1_ to 00 00 1_, inclusive). 2. This Agreement (pages 00 52 00 -1 to 00 52 00 -6, inclusive). 3. Performance Bond (Document 00 61 13). Payment Bond (Document 00 61 14). General Conditions (pages 00 72 00 -1 to 00 72 00 -62, inclusive). Supplementary Conditions (pages 00 73 00 -1 to 00 73 00 -8, inclusive). Specifications as listed in the table of contents of the Project Manual. Drawings consisting of sheets. Standard Form of Agreement COTTG 114409 005200-3 9. Exhibits to this Agreement (enumerated as follows). a. Contractor's Bid (Document 00 4100). b. Documentation submitted by Contractor prior to Notice of Award (pages to inclusive). c. Certificate of Insurance. 10. The following which maybe delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Field Order(s). c. Work Change Directive(s). d. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the parry sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partner, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Conti-actor's Certifications Standard Form of Agreement 005200-4 COTTG 114409 A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Standard Form of Aqreement COTTG 114409 005200-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: City of Cottage Grove, Minnesota By: Title: [CORPORATE SEAL] Attest: Title: Address for Giving Notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner - Contractor Agreement). Designated Representative: Name: Jennifer Levitt Title: City Engineer Address: 7516 South 80th Street Cottage Grove, MN 55016 Phone: 651.458.2800 Facsimile: 651.45 8.2897 CONTRACTOR: By: Title: [CORPORATE SEAL] Attest: Title: Address for Giving Notices: License No. (Where Applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative Name: Title: Address Phone: Facsimile: Standard Form of Agreement 005200-6 COTTG 114409 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): SURETY (Name and Address of Principal Place of Business): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Attest: Signature Print Name Title Print Name Note: Provide execution by additional parties, such as joint venturers, if necessary. Attest: EJCDC C -610 (Performance Bond) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C -610 (Performance Bond) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non - performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party) EJCDC C -610 (Performance Bond) Prepared by the Engineers Joint Contract Documents Committee. Paee 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Print Name Print Name Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C -615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim; stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C -615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. PaL 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other) EJCDC C -615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and R egulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Talre l Issued and Published Jointly by j� � AC EC A � t #iv xic.;.a^� f:cx �Ya�.;n I'�i ��� eei�tr (k3 �,•. ;xat? �- -- � �Mti1t'!.✓ ��% 6 { �HYtdiliY AS', American Society :Natrona/ Society of Professional Engineers l ll+'i rgineers Prsttessionaifnginaersi n'PrivatePractice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C -520 or C -525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C -001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 wA;vAv.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347 -7474 wwv4-.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 w`N , %, v.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201 -3308 (703) 548 -3118 v T" ,, w.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology ............................................................................ ..............................1 1.01 Defined Terms ................................................................................................ ............................... l 1.02 Terminology .................................................................................................... ..............................5 Article2 — Preliminary Matters .......................................................................................... ............................... 6 2.01 Delivery of Bonds and Evidence of Insurance .............................................. ............................... 6 2.02 Copies of Documents ..................................................................................... ............................... 6 2.03 Commencement of Contract Times; Notice to Proceed ................................ ............................... 6 2.04 Starting the Work ............................................................................................ ..............................7 2.05 Before Starting Construction ......................................................................... ............................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .. ............................... 7 2.07 Initial Acceptance of Schedules ..................................................................... ............................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse ............................................. ............................... 8 3.01 Intent ............................................................................................................... ............................... 8 3.02 Reference Standards ....................................................................................... ............................... 8 3.03 Reporting and Resolving Discrepancies ........................................................ ............................... 8 3.04 Amending and Supplementing Contract Documents .................................... ............................... 9 3.05 Reuse of Documents ...................................................................................... .............................10 3.06 Electronic Data ............................................................................................... .............................10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points .............................................................................. .............................10 4.01 Availability of Lands ..................................................................................... .............................10 4.02 Subsurface and Physical Conditions ............................................................. .............................11 4.03 Differing Subsurface or Physical Conditions .............................................. ............................... 11 4.04 Underground Facilities .................................................................................. .............................13 4.05 Reference Points ............................................................................................ .............................14 4.06 Hazardous Environmental Condition at Site ................................................. .............................14 Article5 — Bonds and Insurance ........................................................................................ .............................16 5.01 Performance, Payment, and Other Bonds ..................................................... .............................16 5.02 Licensed Sureties and Insurers ...................................................................... .............................16 5.03 Certificates of Insurance ................................................................................ .............................16 5.04 Contractor's Insurance ................................................................................... .............................17 5.05 Owner's Liability Insurance .......................................................................... .............................18 5.06 Property Insurance ......................................................................................... .............................18 5.07 Waiver of Rights ............................................................................................ .............................20 5.08 Receipt and Application of Insurance Proceeds .......................................... ............................... 21 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pa2ei 5.09 Acceptance of Bonds and Insurance; Option to Replace ............................ ............................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .......................... ............................... 21 Article 6 - Contractor's Responsibilities ......................................................................... ............................... 22 6.01 Supervision and Superintendence .................................................................. .............................22 6.02 Labor; Working Hours ................................................................................... .............................22 36 6.03 Services, Materials, and Equipment ............................................................ ............................... 22 6.04 Progress Schedule ........................................................................................ ............................... 23 6.05 Substitutes and "Or- Equals" ........................................................................ ............................... 23 6.06 Concerning Subcontractors, Suppliers, and Others ....................................... .............................25 6.07 Patent Fees and Royalties .............................................................................. .............................27 6.08 Permits ............................................................................................................ .............................27 37 6.09 Laws and Regulations .................................................................................. ............................... 27 6.10 Taxes .............................................................................................................. .............................28 6.11 Use of Site and Other Areas ........................................................................ ............................... 28 6.12 Record Documents ......................................................................................... .............................29 6.13 Safety and Protection ................................................................................... ............................... 29 6.14 Safety Representative ..................................................................................... .............................30 6.15 Hazard Communication Programs .............................................................. ............................... 30 6.16 Emergencies ................................................................................................. ............................... 30 6.17 Shop Drawings and Samples ....................................................................... ............................... 30 6.18 Continuing the Work .................................................................................... ............................... 32 6.19 Contractor's General Warranty and Guarantee ............................................. .............................32 6.20 Indemnification ............................................................................................ ............................... 33 6.21 Delegation of Professional Design Services ............................................... ............................... 34 Article7 - Other Work at the Site .................................................................................... ............................... 35 7.01 Related Work at Site .................................................................................... ............................... 35 7.02 Coordination ................................................................................................... .............................35 7.03 Legal Relationships ...................................................................................... ............................... 36 Article - Owner's Responsibilities .................................................................................. .............................36 8.01 Communications to Contractor ...................................................................... .............................36 8.02 Replacement of Engineer ............................................................................. ............................... 36 8 .03 Furnish Data ................................................................................................... .............................36 8 .04 Pay When Due ............................................................................................... .............................36 8.05 Lands and Easements; Reports and Tests .................................................... ............................... 36 8 .06 Insurance ........................................................................................................ .............................36 8 .07 Change Orders ................................................................................................ .............................36 8.08 Inspections, Tests, and Approvals ............................................................... ............................... 37 8.09 Limitations on Owner's Responsibilities .................................................... ............................... 37 8.10 Undisclosed Hazardous Environmental Condition ....................................... .............................37 8.11 Evidence of Financial Arrangements .......................................................... ............................... 37 8.12 Compliance with Safety Program .................................................................. .............................37 Article 9 - Engineer's Status During Construction ......................................................... ............................... 37 9.01 Owner's Representative ................................................................................. .............................37 9.02 Visits to Site ................................................................................................. ............................... 37 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate ii 9.03 Project Representative ................................................................................... ............................. 9.04 Authorized Variations in Work ................................................................... ............................... 38 9.05 Rejecting Defective Work ............................................................................. ............................. 9.06 Shop Drawings, Change Orders and Payments ............................................. .............................38 9.07 Determinations for Unit Price Work ............................................................. .............................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer's Authority and Responsibilities ............ ............................... 9.10 Compliance with Safety Program .................................................................. .............................40 Article 10 - Changes in the Work; Claims ...................................................................... ............................... 40 10.01 Authorized Changes in the Work ................................................................ ............................... 40 10.02 Unauthorized Changes in the Work ............................................................ ............................... 40 10.03 Execution of Change Orders .......................................................................... .............................41 10.04 Notification to Surety ..................................................................................... ............................. 10.05 Claims ............................................................................................................. ............................. Article 11 - Cost of the Work; Allowances; Unit Price Work ........................................ :.............................. 42 11.01 Cost of the Work ............................................................................................ ............................. 11.02 Allowances ................................................................................................... ............................... 45 11.03 Unit Price Work ........................................................................................... ............................... 45 Article 12 - Change of Contract Price; Change of Contract Times ................................ ............................... 46 12.01 Change of Contract Price ............................................................................. ............................... 46 12.02 Change of Contract Times ........................................................................... ............................... 47 12.03 Delays ............................................................................................................. ............................. Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects ........................................................................................... ............................. 13.02 Access to Work ............................................................................................ ............................... 48 13.03 Tests and Inspections ................................................................................... ............................... 48 13.04 Uncovering Work ........................................................................................... ............................. 13.05 Owner May Stop the Work .......................................................................... ............................... 50 13.06 Correction or Removal of Defective Work ................................................. ............................... 50 13.07 Correction Period ......................................................................................... ............................... 50 13.08 Acceptance of Defective Work .................................................................... ............................... 51 13.09 Owner May Correct Defective Work .......................................................... ............................... 51 Article 14 - Payments to Contractor and Completion ..... ............................... 14.01 Schedule of Values ....................................... ............................... 14.02 Progress Payments ....................................... ............................... 14.03 Contractor's Warranty of Title .................... ............................... 14.04 Substantial Completion ................................ ............................... 14.05 Partial Utilization ........................ ............................... 14.06 Final Inspection ........................... ............................... 14.07 Final Payment .............................. ............................... 14.08 Final Completion Delayed .......... ............................... 14.09 Waiver of Claims ........................ ............................... ................. ............................... 52 ................. ............................... 52 ................. ............................... 52 .................................. I............. 55 ................. ............................... 55 ................. ............................... 56 ................. ............................... 56 ...................... ............................... 57 ...................... ............................... 58 ...................... ............................... 58 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii Article 15 — Suspension of Work and Termination ................... ............................... 15.01 Owner May Suspend Work ................................... ............................... 15.02 Owner May Terminate for Cause .......................... ............................... 15.03 Owner May Terminate For Convenience .............. ............................... 15.04 Contractor May Stop Work or Terminate ............. ............................... Article 16 — Dispute Resolution ................................................. ............................... 16.01 Methods and Procedures ................................................................. . . . . .. Article17 — Miscellaneous ......................................................... ............................... 17.01 Giving Notice ......................................................... ............................... 17.02 Computation of Times .. ............................... 58 .. ............................... 58 .. ............................... 58 .. ............................... 60 .. ............................... 60 .................................................... ............................... 17.03 Cumulative Remedies ..................................................... ............................... 17.04 Survival of Obligations ................................................... ............................... 17.05 Controlling Law .............................................................. ............................... 17.06 Headings .......................................................................... ............................... ......... 61 ......... 61 ......... 61 ......... 61 ......... 61 ......... 62 ......... 62 ......... 62 ......... 62 EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe iv ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 1 of 62 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements— Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs Polychlorinated biphenyls. 31. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 3 of 62 40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective parry. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paac 7 of 62 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaL 8 of 62 Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 9 of 62 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are ftumished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pase 10 of 62 Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if- a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charg o f engineer arch attorney and other EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 14 of 62 Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either parry may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 16 of 62 B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 18 of 62 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all- risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 19 of 62 insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other parry in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgnent of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 21 of 62 ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paze 22 of 62 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 23 of 62 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 24 of 62 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 25 of 62 other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 27 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date -)f the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other parry indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 28 of 62 shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, wallcs, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 30 of 62 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.13.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaL-e 34 of 62 ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a parry to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 36 of 62 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 38 of 62 B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pau 39 of 62 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other parry to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the parry making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other parry to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 opposing parry shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paze 44 of 62 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and dete an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 45 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.0 LA.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 46 of 62 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0 LA.1 and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0LA.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and £ when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Tines A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 47 of 62 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 51 of 62 equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set -off against the amount recommended; or EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 54 of 62 d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pau 56 of 62 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work- has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payme Becomes Due: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 57 of 62 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 58 of 62 Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other parry to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry to submit the Claim to another dispute resolution process; or 3. gives written notice to the other parry of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 61 of 62 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 DOCUMENT 00 73 00 MIWOM Did tYK e"I UTINK TABLE OF ARTICLES Article Number Title Page SC -2.02 Copies of Documents .................................................................................. ............................... l SC -4.02 Subsurface Physical Conditions ................................................................... ..............................2 SC -4.04 Underground Facilities ................................................................................ ..............................2 SC- 4.04.13 Underground Facilities ................................................................................ ..............................2 SC -4.06 Hazardous Environmental Conditions ......................................................... ..............................2 SC -5.04 Contractor's Insurance ................................................................................. ..............................2 SC -5.04 Contractor's Insurance ................................................................................. ..............................2 SC -5.06 Property Insurance ....................................................................................... ..............................3 SC- 6.06.0 Concerning Subcontractors, Suppliers and Others ...................................... ..............................4 SC -6.08 Permit Regulations ....................................................................................... ..............................4 SC -6.09 Laws and Regulations .................................................................................. ..............................4 SC -9.03 Project Representation ................................................................................. ..............................4 SC -10.05 Claims and Disputes .................................................................................... ..............................7 SC -13.07 Correction Period ......................................................................................... ..............................7 SC- 14.02.A Applications for Payments ........................................................................... ..............................7 SC- 14.02.A Applications for Payments ........................................................................... ..............................7 SC- 14.02.13 Reduction in Payment .................................................................................. ..............................8 SC -14.04 Substantial Completion ................................................................................ ..............................8 SC -14.06 Final Inspection ............................................................................................ ..............................8 SC- 14.07.A Application for Payment .............................................................................. ..............................8 SC- 16.01.1) Dispute Resolution ....................................................................................... ..............................8 These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C -700, 2007 Edition). 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. Additional terns used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC -2.02 Copies of Documents Delete Paragraph 2.02.A in its entirety and insert the following: A. Owner shall furnish to Contractor a compact disc or electronic version of the Drawings and Project Manual. Additional printed or hard copies will be furnished on request at the cost of reproduction. Supplementary Conditions COTTG 114409 007300-1 SC -4.02 Subsurface Physical Conditions Add the following new paragraph(s) immediately after Paragraph 4.02.B: C. The following reports of the tank elevation at the Site are known to Owner: Report dated September 16, 2010, prepared by SEH, titled: Tank Evaluation Report, Innsdale Tank, consisting of 38 pages. The "technical data" contained in such report upon which Contractor may rely is the entire document included in Section 00 31 19. SC -4.04 Underground Facilities Add the following sentence at the end of the first sentence of 4.04.A: The subsurface utility information in this plan is utility quality level D. This quality level was determined according to the guidelines of CPASCE 3 8 -.2, titled "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data. SC- 4.04.13 Underground Facilities Add new paragraphs immediately after Paragraph 4.04.B.2 to read as follows: Underground utility locations can be obtained from the following Owners and Services: utility Owner Phone Location Service Gopher State One Call Metro: 651.454.0002 SC -4.06 Hazardous Environmental Conditions Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SC -5.04 Contractor's Insurance Add the following language at the end of Paragraph 5.04.B.4: If the coverage is cancelled for non - payment, the notice period shall be reduced to 10 days. SC -5.04 Contractor's Insurance Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 Supplementary Conditions 007300-2 COTTG 114409 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. a. General Aggregate $1,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse & Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.13.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person Each Accident b. Property Damage: Each Accident Annual Aggregate 5. Other persons or entities to be included as additional insureds: a. Owner b. Short Elliott Hendrickson Inc. c. Emanuelson - Podas, Inc. SC -5.06 Property Insurance Delete Paragraph 5.06.A in its entirety and insert the following in its place: $1,000,000 $1,000,000 $$1,000,000 $1,000,000 A. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. Contractor shall be responsible for any deductible or self - insured retention. This insurance shall: 1. include the interests of Owner, Contractor, subcontractors, Engineer, and , list name(s) of subconsultant(s) if any and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or loss payee; Supplementary Conditions COTTG 114409 007300-3 2. be written on a Builder's Risk "all- risk" policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; allow for partial utilization of the Work by Owner; include testing and start-up; 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued; if the coverage is cancelled for non- payment, the notice period shall be reduced to 10 days; and 8. comply with the requirements of Paragraph 5.06.0 of the General Conditions. SC- 6.06.0 Concerning Subcontractors, Suppliers and Others Add the following language at the end of Paragraph 6.06.C.2: In accordance with Minnesota Statute 471.425, Contractor shall pay any subcontractor within ten days of the Contractor's receipt of payment from the municipality. Contractor shall pay interest on any unpaid amounts in accordance with the statute. SC -6.08 Permit Regulations Add new paragraphs immediately after Paragraph 6.08.A to read as follows: C. Owner has made application for the following permits: Minnesota Department of Health Review Fees and bonding costs for these permits will be paid by the Owner OR Contractor. SC -6.09 Laws and Regulations Add new paragraphs immediately after Paragraph 6.09.0 which are to read as follows: D. Contractor shall specifically comply with Equal Opportunity Requirements as listed in Minnesota Rules 5000.3535, Standard State Equal Employment Opportunity Construction Contract Specifications. E. Contractor shall specifically comply with Minnesota Rules 5000.3550, Disabled Individuals Affirmative Action Clause. SC -9.03 Project Representation Add the following new paragraphs immediately after Paragraph 9.03.A: Supplementary Conditions 007300-4 COTTG 114409 B. The Resident Project Representative (RPR) will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall: 1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's authorized representative, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 7. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. Supplementary Conditions COTTG 114409 007300-5 b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 9. Records: a. Record names, addresses, fax numbers, e -mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. b. Maintain records for use in preparing Project documentation. 10. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. 11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 13. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. C. The RPR shall not: Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or- equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. Supplementary Conditions 007300-6 COTTG 114409 Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SC -10.05 Claims and Disputes Amend the first sentence of Paragraph 10.05.13 to read as follows: B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 10 days) after the start of the event giving rise thereto. SC -13.07 Correction Period Delete Paragraph 13.07.A in its entirety and insert the following in its place: A. If within two years after the date of Final Payment (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC- 14.02.A Applications for Payments Add the following language at the end of Paragraph 14.02.A.1: Supporting documentation to accompany each Application for Payment shall include: a. Updated Project Schedule. b. Updated list showing current status of submittals. c. Documentation showing payment by Contractor for materials and /or equipment stored. d. Documentation showing insurance coverage for materials and /or equipment stored. SC- 14.02.A Applications for Payments Amend Paragraph 14.02.A.3 to read as follows: The amount of retainage with respect to progress payments will be as stipulated in the Agreement and as follows: Minnesota Contractors: 5 percent Exempt Non - Minnesota Contractors: 5 percent Supplementary Conditions COTTG 114409 007300-7 Non - Exempt Non - Minnesota Contractors: 5 percent plus 8 percent* = 13 percent *State Surety Deposit Non - Minnesota Contractors are advised to file Form SD -3 with the Minnesota Department of Revenue to determine their exemption status. SC- 14.02.1) Reduction in Payment Add the following language at the end of Paragraph 1: the established Contract Time for Substantial Completion has expired. SC -14.04 Substantial Completion Add a new paragraph immediately after Paragraph 14.04.A which reads as follows: 1. For this Work, Substantial Completion is further defined as follows: a. Water Storage Tank back in service after bacteriological testing is an acceptable result. SC -14.06 Final Inspection Add the following language after the second sentence of Paragraph 14.06.A: If, after such measures are taken, subsequent inspections by Engineer reveal that any of the previously identified particulars remain incomplete or defective, Engineer will again notify Contractor in writing of the remaining particulars. All costs associated with any subsequent inspections in which said remaining particulars are revealed, will be documented by Engineer and paid by Contractor to Owner. SC- 14.07.A Application for Payment Add the following new paragraph immediately after Paragraph 14.07.A.3: 4. Before final application for payment is made for the work, Contractor must make satisfactory showing of compliance with M.S.A. §290.92 which requires the withholding of state income taxes for wages paid employees on this project. Submittal of Certificate of Compliance from the Commissioner of Taxation to the Owner will satisfy this requirement. Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the provisions of M.S.A. §290.92. The required affidavit form will be supplied by the Minnesota Commissioner of Taxation on request. SC- 16.01.1) Dispute Resolution Add the following new paragraph immediately after Paragraph 16.01.C. D. Notwithstanding any applicable statute of limitations, a party giving notice under Paragraph SC- 16.01.C.1 shall commence an action on the Claim within one year of giving such notice. Failure to do so shall result in the Claim being time - barred and Engineer's action or denial shall become final and binding. Supplementary Conditions 007300-8 COTTG 114409 SECTION 0125 13 PRODUCT SUBSTITUTION PROCEDURES PART1 GENERAL A. Administrative and procedural requirements for handling requests for substitutions. 1.02 DEFINITIONS A. Definitions used in this Article are not intended to change or modify the meaning of other terms used in the Contract Documents. B. Substitutions: Requests for changes in products, materials, equipment and methods of construction required by Contract Documents proposed by Contractor. C. The following are not considered substitutions: 1. Revisions to Contract Documents requested by Owner or Engineer. 2. Specified options of products and construction methods included in Contract Documents. 3. Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.03 SUBMITTALS A. Substitution Request Prior to Bid: For a Product Substitution to be considered, the following conditions must be met: 1. All requests must be submitted in writing no later than 10 calendar days prior to the date for receipt of the bids. 2. Faxed submittals will not be considered. 3. Submit each request for substitution (one material or product per form) on the attached "Substitution Request Form" attached at the end of this section (either duplicated from the Project Manual or available from Engineer's office) together with a self - addressed, stamped envelope. Submittals not accompanied by this form properly filled in and endorsed will be discarded without review. NO EXCEPTIONS. Identify any impact of the substituted product on related items. Approved items will be listed in addenda. Requests for substitution will be returned in the self - addressed, stamped envelope provided by bidder at Engineer's earliest convenience. B. All substitutions permitted on addenda must meet or exceed requirements of the specifications including, but not limited to: 1. Warranty. C. Substitution Conditions: 1. Contractor's substitution request will be received and considered by Engineer when one or more of the following conditions are satisfied, as determined by Engineer, otherwise requests will be returned without action except to record noncompliance with these requirements: a. Extensive revisions to Contract Documents are not required. b. Proposed changes are in keeping with the general intent of Contract Documents. c. The request is timely, fully documented and properly submitted. d. Contractors and suppliers will be expected to provide the specified product unless prior approval is received from Engineer's office in sufficient time so that all bidders can be notified through an addendum. e. The specified product or method of construction cannot be provided within the contract time. The request will not be considered if the product or method cannot be provided as a result of failure to pursue the work promptly or coordinate activities properly. f. The specified product or method of construction cannot receive COTTG 114409 Product Substitution Procedures 012513 -1 necessary approval by a governing authority, and the requested substitution can be approved. g. A substantial advantage is offered to Owner, in terms of cost, time, energy conservation, or other considerations of merit, after deducting offsetting responsibilities Owner may be required to bear. Additional responsibilities for Owner may include additional compensation to Engineer for redesign and evaluation services, increased cost of other construction by Owner, or separate contractors, and similar considerations. h. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where Contractor certifies that the substitution will overcome the incompatibility. i. The specified product or method of construction cannot be coordinated with other materials, and where Contractor certifies that the proposed substitution can be coordinated. j. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where Contractor certifies that the proposed substitution provides the required warranty. k. Where a proposed substitution involves more than one prime contractor, each contractor shall cooperate with the other contractors involved to coordinate the work, provide uniformity and consistency, and to assure compatibility of products. D. Limitations: Contractor's submittal and Engineer's acceptance of Shop Drawings, Product Data, or Samples that relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. E. Substitution Causing Redesign: Engineer time for redesign as a result of substitution, Product Substitution Procedures 01 2513-2 will be charged to Owner, then deducted by Construction Change Directive from Contract Amount. F. Engineer's Action: 1. Request Prior to Bid: If approved, substitution will be included in an addendum. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION COTTG 114409 SUBSTITUTION REQUEST FORM TO: Attn: Doug Klamerus, PE Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive Saint Paul, MN 55110 -5196 PROJECT: Innsdale Ground Storage Tank Rehabilitation SECTION NO. ARTICLE NO. SPECIFIED PRODUCT PROPOSED SUBSTITUTION A. Does the substitution affect dimensions shown on Drawings? Yes ❑ No ❑ B. Does the substitution affect other trades? Yes ❑ No ❑ C. Does the manufacturer's guarantee differ from that specified? Yes ❑ No ❑ D. If you indicated "Yes" to Items A, B, or C above, attach a thorough explanation on your company letterhead. E. If there are other differences between proposed substitution and specified product, attach a thorough explanation on your company letterhead. If differences are not noted and acknowledged in writing by Engineer, product must comply with specification requirements. F. The proposed substitution was used within the last 24 months on the following project: Project Name Location Engineer Telephone No. G. Has the proposed substitution been used on an SEH project within the last 12 months? Yes ❑ No ❑ If yes, which project? All questions must be answered. Incomplete forms will not be reviewed Include a self - addressed, stamped envelope for reply. Submitted By: Signature Firm Address Date For Use by Design Consultant ❑ Not Accepted, Not Enough Information ❑ Not Accepted, Does Not Appear to be Equal ❑ Accepted ❑ Accepted as Noted ❑ Received Too Late By Date Remarks Phone E -mail Product Substitution Procedures COTTG 114409 01 2513-3 This Page Left Blank Intentionally SECTION 013113 COORDINATION PART1 GENERAL 1.01 SUMMARY B. Enforce good order and conduct among contractors, installers, and construction employees. A. Section Includes: 1. Job Site Administration B. Coordinate use of premises under direction of Owner. C. Coordinate scheduling, submittals, and Work to ensure efficient and orderly sequence of installation. 1. Coordinate activities for mutual benefit and cooperate to facilitate the general progress of the Work. 2. Each subcontractor shall be thoroughly familiar with all provisions governing the Work of other contractors, and shall obtain from such contractors all information as may be required to coordinate Work with theirs. 3. Each trade shall perform its Work in proper sequence and arrangement in relation to other activities and shall join his Work to that of others in accordance with the intent of the Drawings and specifications. 4. Each trade shall give due notice and proper information for any special provisions necessary in the placing or setting of Work that may come in contact with Work of other contractors. D. Inspect the Contract Documents for Work of others that is inter - related, and afford other trades every reasonable opportunity for the installation of their Work. Coordinate Work of various specification sections having interdependent responsibilities. 1.02 JOB SITE ADMINISTRATION A. Supervise and direct the Work. Employ and maintain a full time, qualified supervisor or superintendent to act as Contractor's representative at the Site. C. Require installers to inspect conditions under which Work is to be performed. Installer shall report all unsatisfactory conditions in writing to Contractor. Do not proceed with Work until unsatisfactory conditions have been corrected. D. Where installations include manufactured products, comply with manufacturer's applicable instructions and recommendations for installation to the extent that these instructions and recommendations are more explicit or more stringent than requirements indicated in the Contract Documents. Where manufacturer provides contradictory instructions, notify Engineer immediately and request clarifications. E. Recheck measurements and dimensions of the Work, as an integral step of starting each installation. F. Coordinate enclosure of Work with required inspections and tests, so as to minimize necessity of uncovering Work for that purpose. G. Where mounting heights are not indicated, mount individual units of work at industry recognized standard mounting heights for the particular application indicated. Refer questionable mounting height choices to Engineer. H. Supervise performance of the Work to ensure that none of the Work, whether completed or in progress, will be subjected to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. I. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate Coordination COTTG 114409 01 31 13 - 1 operable components to ensure operability PART 3 EXECUTION without damaging effects. Not Used Coordinate completion and clean up of Work. 1.03 SUBMITTALS A. Provide listing of Contractor's principal staff assignments and consultants, including name, home and work addresses, and telephone numbers. B. Provide supervisor's or superintendent's name, home and work address, and telephone numbers. C. Provide names, work address, telephone numbers, samples of signature, and limits of authority of each individual authorized to sign change orders, field modifications, and monthly pay requests for Contractor. 1.04 FIELD CONDITIONS A. Before ordering material or commencing Work, check and verify all dimensions and conditions. Notify Engineer of any omissions or discrepancies immediately. B. Field measurements shall be furnished in a timely manner to suppliers and fabricators who require them to complete their Work. Ascertain the requirement for such measurements at the earliest practical date and make every reasonable effort to expedite the affected Work. C. Conflicts: Engineer has exercised reasonable professional care to ensure there are no conflicts between the Work of the various trades. Such conflicts, however, may exist and no warranty to the contrary is made or implied. PART 2 PRODUCTS Not Used Coordin END OF SECTION 01 31 13-2 COTTG 114409 SECTION 0133 00 SUBMITTAL PROCEDURES PART1 GENERAL 1.01 SUMMARY A. Requirements Included: 1. Procedures 2. Construction Progress Schedule 3. Shop Drawings 4. Product Data 5. List of Proposed Subcontractors 6. List of Proposed Suppliers 7. Material Safety Data Sheets 8. Payment Schedule 1.02 PROCEDURES A. Deliver submittals to Engineer at address listed in Project Manual with a Transmittal. B. Transmit each item under Engineer- accepted form. 1. Identify Project, Contractor, subcontractor, major supplier. 2. Identify pertinent Drawing sheet and detail number, and specification Section number. 3. Identify deviations from Contract Documents. 4. Provide space for Engineer and consultant review stamps. C. Submit initial progress schedules and schedule of values in duplicate within 10 days after date of Owner - Contractor Agreement. After review by Engineer, revise and resubmit as required. G. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. 1.03 CONSTRUCTION PROGRESS SCHEDULE A. Submit horizontal bar chart with separate bar for each major trade or operation, identifying first work day of each week. A. Shop Drawings will not be accepted for review by Engineer until after they have been checked and approved by the Contractor as evidenced by his approval stamp and signature. B. Submit the number of opaque reproductions Contractor requires, plus 3 copies that will be retained by Engineer. 1.05 PRODUCT DATA A. Mark each copy to identify applicable products, models, options, testing compliance, warranty, and other data; supplement manufacturers' standard data to provide information unique to the Work. B. Submit the number of copies which Contractor requires plus 3 copies that will be retained by Engineer. D. Submit revised schedules with each Application for Payment, reflecting changes since previous submittal. E. Comply with progress schedule for submittals related to Work progress. Coordinate submittal of related items. F. After Engineer review of submittal, revise and resubmit as required, identifying changes made since previous submittal. 1.06 LIST OF PROPOSED SUBCONTRACTORS A. Submit a list of subcontractors who will provide Work on the Project. B. The submitted list shall include: 1. Name of Subcontractor 2. Address 3. Type of work to be provided Submittal Procedures COTTG 114409 01 3300-1 4. Contact list for administrative and supervisory personnel. 1.07 LIST OF PROPOSED SUPPLIERS A. Submit a list of suppliers who will provide materials, equipment or components principle to the Work. B. The submitted list should include: 1. Name of supplier. 2. Address. 3. Equipment, material or component to be provided. 4. Contact list for administrative and supervisory personnel. 1.08 MATERIAL SAFETY DATA SHEETS A. Submit MSDS to the Site on all products with chemical emissions and as called for in individual technical sections. 1.09 PAYMENT SCHEDULE A. Submit anticipated monthly payment schedule within 30 days after award of Contract, when requested by Engineer. B. Update whenever payment requests vary from the schedule by more than 10 percent. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Submittal Procedures 01 3300-2 COTTG 114409 SECTION 015136 TEMPORARY WATER PARTI GENERAL 1.01 SUMMARY A. Section Includes: 1. Availability of Water for Construction. B. Related Sections: 1. Section 0197 13 Coating Systems for Steel Storage Tanks 2. Section 33 16 30 - Disinfection of Water Storage Facilities 1.02 DESCRIPTION A. Water is available from the City of Cottage Grove, Minnesota B. City will establish rates and conditions. C. Water shall be obtained from nearest hydrant. D. RPZ backflow prevention device and metershall be used when drawing water from the City's water system. E. Piping shall be the responsibility of the Contractor. F. Keep water use to minimum and consistent with needs. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Temporary Water COTTG 114409 015136-1 This Page Left Blank Intentionally SECTION 0152 19 TEMPORARY SANITARY FACILITIES PARTI GENERAL 1911� 1►T/: \7id A. Provide temporary closet or privy. B. Maintain throughout Project duration. C. Type and location subject to Engineer's approval. D. Remove upon completion of Project. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Temporary Sanitary Facilities COTTG 114409 0152 19-1 This Page Left Blank Intentionally SECTION 0157 19 AIR, LAND, AND WATER POLLUTION (MN/DOT 1717) PART1 GENERAL 1.01 SUMMARY A. Provide control of pollution from construction sites and related activities. B. Related Sections: 1. Section 0155 15 - Maintenance and Restoration of Haul Roads 2. Section 01 57 12 - Erosion Control 3. Section 3125 10 - Stormwater Management C. Basis of Payment: 1. No direct payment will be made. All activities required by or relating to this section will be considered incidental. 2. No additional compensation or time extension will be granted due to actions brought against the Contractor for failure to comply with pollution control requirements. 1.02 QUALITY ASSURANCE PART 3 EXECUTION 3.01 PROTECTION OF WATERS A. Schedule and conduct all operations to minimize soil erosion and prevent siltation and the resultant turbidity of public waters. B. Prevent pollution of flowing or impounded waters from particulate or liquid matter that may be harmful to fish and wildlife or detrimental to public use. C. Remove sediment from aggregate wash operations by filtration or settlement prior to discharge into public waters. D. Do not discharge wash water or waste from concrete mixing operations into streams or public waters. 3.02 SPECIAL REQUIREMENTS A. Minimize crossing of streams and rivers with hauling equipment. A. Regulatory Requirements: 1. Conduct all operations to prevent, control and abate the pollution of air, land and water in accordance with the rules, regulations and standards adopted and established by the following agencies: a. Minnesota Department of Natural Resources b. Minnesota Pollution Control Agency c. Minnesota Department of Transportation d. U.S. Army Corps of Engineers PART 2 PRODUCTS Not Used B. Provide temporary bridging where stream crossings are necessary. C. Remove temporary bridging as soon as crossings are no longer necessary. END OF SECTION Air, Land, and Water Pollution COTTG 114409 01 5719-1 This Page Left Blank Intentionally SECTION 0158 13 PROJECT SIGNS PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Provide 1 Contractor signs. B. Related Sections: 1. Section 0133 00 - Submittal Procedures 1.02 DESIGN REQUIREMENTS A. Professionally designed and lettered sign including the following information: 1. Name of Contractor, 1 -3/4 -inch letters: a. Address. b. Phone Number. 2. Pre -cut vinyl self - adhesive products. 3. Style: Block PART 3 EXECUTION 3.01 INSTALLATION A. Install at Project entrance locations as shown on Drawings or designated by Engineer. B. Install signs within 30 days after date fixed by Notice to Proceed. C. Erect supports and framing on secure foundation, free standing, rigidly braced and framed to resist wind loadings of 50 mph. 1.03 SUBMITTALS A. Refer to Section 0133 00. B. Submit Shop Drawings showing content, layout, lettering, colors, sizes, and grades of members. PART2 PRODUCTS D. Install sign surface plumb and level, with butt joints. Anchor securely. E. Paint exposed surfaces of sign, supports, and framing. F. Permanently mobilized contractor vehicle with information identified herein may be used in lieu of a sign. 3.02 MAINTENANCE 2.01 MATERIALS A. Structure and Framing: New wood or metal, structurally adequate. B. Sign Surfaces: Exterior grade plywood with medium density overlay, minimum 3/4 -inch thick standard large sizes to minimize joints. C. 2 -foot by 3 -foot. D. Rough Hardware: Galvanized or Aluminum or Brass. A. Maintain signs and supports clean. Repair deterioration and damage. 3.03 REMOVAL A. Remove signs, framing, supports, and foundations at completion of Project and restore area. END OF SECTION E. Paint and Primers: Exterior quality, 2 coats; sign background of color as selected. F. Lettering: 1. Exterior quality paint, contrasting colors as selected. Project Signs COTTG 114409 0158 13-1 This Page Left Blank Intentionally SECTION 0177 00 CLOSEOUT PROCEDURES PART 1 GENERAL that all requirements are satisfied, and requesting inspection. 1.01 SUMMARY 2. Upon receipt of Contractor's request for inspection, Engineer and Construction A. Administrative and procedural requirements Manager will either proceed with for contract closeout, including: inspection or advise Contractor of 1. Submittals. unfilled prerequisites. 2. Inspection procedures. 3. Following initial inspection, Engineer 3. Warranties. will either prepare Certificate of 4. Record document submittals. Substantial Completion, or advise 5. Final cleaning. Contractor of work which must be performed before certificate will be B. Related Sections: issued. Engineer will repeat inspection 1. Section 02 87 00 - Handling of Waste when requested and when assured that Generated from Coating Removal. work has been substantially completed. 2. Section 09 97 13 — Coating Systems for 4. Results of completed inspection will Steel Storage Tanks. form the basis of requirements for Final 3. Specific requirements for individual Acceptance. units of work are included in appropriate technical sections 1.03 FINAL ACCEPTANCE 1.02 SUBSTANTIAL COMPLETION A. Before requesting final inspection for determining date of Final Completion, A. Complete the following before requesting complete the following: Engineer's inspection for certification of 1. Submittals: Substantial Completion for each phase of a. Lien Waivers (from all work. List items that are incomplete in subcontractors and suppliers). request. b. Certificate of Substantial 1. Prepare a list of items to be completed Completion. and corrected (punch list), the value of c. Contractor's Affidavit of Payment items on the list, and reasons why the of Debts and Claims. Work is not complete. d. Consent of Surety (if Performance 2. Obtain, submit releases enabling Owner Bond provided). unrestricted use of the Work and access 1) To Final Payment (AIA G707). to services and utilities. e. Assurance that unsettled claims will 3. Regulatory requirements: be settled. a. Where required, obtain occupancy f. Proof that fees and similar permits, operating certificates, obligations have been paid. similar releases. g. Evidence of final, continuing b. Obtain elevator inspection from insurance coverage complying with State Inspector. insurance requirements. 4. Bonding and insurance: h. Form IC -134, Affidavit for a. Consent of Surety to Reduction In Obtaining Final Settlement of or Partial Release of Retainage. Contract with State of Minnesota and any of its Political or B. Inspection Procedures: Governmental Subdivisions. 1. When prerequisites are complete, submit i. Certified copy of Engineer's final request in writing to Engineer stating punch list of itemized work to be Closeout Procedures COTTG 114409 01 7700-1 completed or corrected, stating that each item has been completed or otherwise resolved for acceptance and has been endorsed and dated by Engineer. 2. Warranties: Submit specific warranties, workmanship /maintenance bonds, maintenance agreements, final certifications, similar documents . 3. Miscellaneous Record Submittals: a. Refer to other sections of specifications for requirements of miscellaneous record keeping and submittals in connection with actual performance of work. b. Complete miscellaneous records, place in good order, properly identified and bound or filed, ready for continued use and reference. B. Final Payment Request: L Include certificates of insurance for products and completed operations where required. 2. Updated final statement, accounting for final additional changes to Contract Sum. 3. Final liquidated damages settlement statement, acceptable to Owner. C. Re- inspection Procedure: 1. Engineer will re- inspect work upon receipt of notice that work, including punch list items resulting from earlier inspections, has been completed, except for items whose completion has been delayed because of circumstances that are acceptable to Engineer. 2. Engineer will either prepare a certificate of final acceptance, or will advise Contractor of work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 3. If necessary, re- inspection procedure will be repeated, with inspection fees the responsibility of the contractor. 1.04 TRANSFER OF SITE TO OWNER A. Deliver tools, spare parts, extra materials and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. Closeout Procedures 01 7700-2 B. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. PART2 PRODUCTS A. Not Used PART 3 EXECUTION 3.01 FINAL CLEANING A. Provide final cleaning, following manufacturer's written instructions. B. Conduct cleaning and waste - removal operations to comply with local laws and ordinances, and federal and local environmental and antipollution regulations. C. Employ experienced workers or professional cleaners for final cleaning. D. Comply with safety standards for cleaning. 1. Do not burn waste materials. 2. Do not bury debris or excess materials on Owner's property. 3. Do not discharge volatile, harmful, or dangerous materials into drainage systems. 4. Remove waste materials from Site and dispose of lawfully. E. Clean Site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. I W►11Zi13 wix"11W] COTTG 114409 SECTION 02 87 00 HANDLING OF WASTE GENERATED FROM COATING REMOVAL PART 1 GENERAL (30 µg/ru) calculated as an 8 -hour time- weighted (TWA). 1.01 SUMMARY E. Construction Work: A. Section includes the collection and disposal 1. Demolition or salvage of structures of waste material that is generated during where heavy metals and other RCRA the removal of coatings from structures. regulated compounds or materials containing these substances are present. B. Related Sections: 2. Removal or salvage of structures where 1. Section 09 97 13 - Coating Systems for heavy metals and other RCRA regulated Water Storage Tanks compounds or materials containing 2. Section 0133 00 - Submittal Procedures these substances are present. 3. New construction, alteration, repair or 1.02 REFERENCES renovation of structures, substrates or portions thereof, that contain heavy A. American Society for Testing and Materials metals and other RCRA regulated (ASTM) D3335 - Standard Test Method for compounds or materials containing Low Concentrations of Lead, Cadmium, and these substances. Cobalt in Paint by Atomic Absorption 4. Installation of products containing Spectroscopy heavy metals and other RCRA regulated compounds. B. Federal Test Method 13Y of 40 CFR 261, 5. Heavy metal and other RCRA regulated Appendix II - Toxicity Characteristic compound contamination from Leaching Procedure (TCLP) emergency cleanup. 6. Transportation, disposal, storage or C. Occupational Safety and Health containment of heavy metals and other Administration (OSHA) - 3142 "Lead in RCRA regulated compounds or Construction ", and 29 CFR 1926.62 materials containing these substances on the site or location at which construction 1.03 DEFINITIONS activities are performed. 7. Maintenance operations associated with A. Heavy Metals - As Determined by RCRA the construction activities described in Include: Arsenic, mercury selenium, this paragraph. chromium, cadmium, lead, silver and barium. 1.04 SUBMITTALS B. RCRA - Resource Conservation and A. Sampling plan and quality control measures Recovery Act, 40 CFR 261. relating to TCLP testing of surface coatings in accordance with applicable federal and C. "Lead" means metallic lead, all inorganic state random sampling requirements. lead compounds and organic lead soaps. Preconstruction TCLP analytical results Excluded from this definition are all other from random sampling shall be submitted as lead compounds. applicable for waste characterization. D. "Action level" means employee exposure, B. Copy of waste disposal plan in accordance without regard to the use of respirators, to an with state regulatory requirements, as airborne concentration of lead of applicable to this Project. 30 micrograms per cubic meter of air Handling of Waste Generated from Coating Removal COTTG 114409 028700-1 C. Project Closeout: routinely to remove heavy metals 1. Submit copy of TCLP test results from a and other OSHA regulated certified laboratory, referencing tests for compounds from their bodies and all 8 RCRA metals. when necessary only under medical 2. Submit copies of all transport supervision. documentation in accordance with h. The Right to access records under current EPA requirements. "Access to Employee Exposure and Medical Records," 29 CFR 1910.20. 1.05 EXISTING CONDITION(S) 3. All materials relating to the training program and a copy of the standard must A. Total heavy metals analytical results of be made readily available to all exterior coatings are included in Document employees. 00 3120 These results are provided for 4. Submit previous project details and Contractor's information only and do not references, for a minimum of 5 projects, eliminate the need for preconstruction including crew's experience having sampling by the Contractor. performed operations as related to the removal and disposal of heavy metals 1.06 QUALITY ASSURANCE and /or other OSHA regulated compounds. A. Qualifications: a. Referenced projects must be of 1. Where Contractors and their employees similar size and scope, using may be exposed to heavy metals and containment for the removal of other OSHA regulated compounds as elevated heavy metal based defined in Article 1.03. Regardless of coatings, or addressing fugitive dust identified waste classification for this emissions as applicable to this project contractor's site superintendent Project. must have completed OSHA and/or state approved program covering B. Regulatory Requirements: Provide a written supervisor /competent person training for waste disposal plan for review by the deleading of industrial structures. engineer consistent with regulatory 2. Contractor's employees must have requirements, as referenced in completed an OSHA approved training Article 1.04.C., and the results of required program prior to the start of the laboratory testing. specified Project containing the following information: C. Certifications: Where applicable, certify that a. The content of the standard and its continual site monitoring was provided in appendices. strict compliance with 29 CFR 1926.62 of b. The specific nature of operations the OSHA standards. that could lead to heavy metals and other OSHA regulated compounds exposure above the action level. PART 2 PRODUCTS c. The purpose, proper selection, fit, use, and limitations of respirators. Not Used d. The purpose and a description of the medical surveillance program, and the medical removal protection PART 3 EXECUTION program. e. The engineering and work practice 3.01 FIELD QUALITY CONTROL controls associated with employees' job assignments. A. Site Tests: f. The contents of the compliance plan 1. Following the completion of all surface in effect. preparation, extract samples, in the g. Instructions to employees that presence of the Engineer representative, chelating agents must not be used of spent abrasive or coating chips. Handling of Waste Generated from Coating Removal 028700-2 COTTG 114409 2. Provide testing as defined in the submitted sampling plan (reference Article 1.04.A.) and in compliance with 40 CFR 261 for TCLP testing. B. All testing costs including testing required to identify and /or dispose of solid waste, hazardous waste, or waste water is considered incidental to the Project. 3.02 DISPOSAL OF MATERIAL A. Dispose of all waste material generated during the coating removal process, in accordance with state and federal regulatory requirements. END OF SECTION _ Handling of Waste Generated from Coating Removal COTTG 114409 028700-3 This Page Left Blank Intentionally SECTION 09 97 13 COATING SYSTEMS FOR WATER STORAGE TANKS PART1 GENERAL 1.01 SUMMARY A. Tank Description: 1. Capacity: 1 MG gallons. 2. Style: Standpipe a. Overall height is approximately 74 feet. b. Tank diameter is approximately 50 feet. C. NACE: International Association of Corrosion Engineers 1. RPO 188 - Discontinuity (Holiday) Testing of Protective Coatings D. Minnesota Rule 7025 - Removal of Lead Paint from Steel Storage Tanks E. NSF: National Sanitation Foundation 1. ANSI/NSF Standard 61 B. Scope of Work: 1. Surface preparation. 2. Application of coating systems to the following surfaces: a. Interior wet: 1) All surfaces. b. Interior dry: 1) Valve vault piping c. Exterior: 1) All surfaces. 3. 4. Erection of a containment system: a. Including Bonnet. 5. Control of interior tank environment. C. Related Sections: 1. Section 02 87 00 - Handling of Waste Generated from Coating Removal 2. Section 33 16 20 - Welded Steel Water Storage Tanks 3. Section 33 16 30- Disinfection of Water Storage Facilities 4. Section 33 16 40 - Repair and Modifications to Steel Water Storage Tanks 1.02 REFERENCES A. ASTM: American Society of Testing Materials B. AWWA: American Water Works Association 1. D102-Coating Steel Water Storage Tanks F. SSPC: Society of Protective Coatings 1. Volume 1 - Good Painting Practice 2. Volume 2 - Systems and Specifications. 3. Lead Paint Removal Guidelines - Supplement to Volume 2, Guide 6I (CON) and Guide 7I (DIS) 1.03 DEFINITIONS A. Regional: The state in which the Project is located and surrounding states. B. LEL: Lower explosion limit. C. PEL: Permissible exposure limit. D. DFT: Dry Film Thickness (Mils). E. SFPG: Square Feet Per Gallon F. Containment: Equipment, supports, screens, tarps, or shrouds that prevent airborne debris generated during surface preparation and coating application from entering the environment, and also facilitates controlled collection of debris for disposal. 1.04 SUBMITTALS A. Product Data: 1. Provide current data sheets for: a. Coatings b. Abrasives c. Proposed additives Coating Systems for Water Storage Tanks COTTG 114409 099713-1 B. Procedures: Written plan for the containment of fugitive airborne particles compliant with current state and/or federal regulations. C. Equipment: Provide list of equipment to be used including rigging. 1. Provide current documentation verifying testing certification for rigging. D. Records: Daily application records (provided on forms provided by Engineer or Contractor's pre- approved form. 1.05 QUALITY ASSURANCE A. Qualifications: 1. Provide written statement from coating manufacturer's authorized representative attesting that contractors superintendent has been instructed on proper preparation, mixing, and application procedures for coatings specified. 2. Supervisor will be responsible for on- site training related to proper surface preparation, mixing and application of the coating system. a. Contractor shall provide the engineer with a copy of the field training sign -in sheet (and dated), as applicable to each operation. b. Only contractor employees listed on sign -in sheet shall be authorized to complete above listed operations. 3. Provide regional references illustrating management competency for a minimum of 3 different projects of similar size, style and scope completed in the last 5 years, including: a. Contact person. b. Project location. c. Size and style of tank. d. Cost of coating work. e. Start/finish dates. B. No more than 50 percent of the value of the Bid may be performed by subcontract. 1.06 DELIVERY, STORAGE, AND HANDLING A. Delivery: 1. Deliver all materials in original, factory - sealed containers bearing manufacturer's Coating Systems for Water Storage Tanks 099713 -2 intact and legible label with the following information: a. Material identification by name or number. b. Manufacturer's stock number, batch number, and date of manufacture. c. Color name and number. B. Storage: 1. Store materials in an environmentally controlled location as recommended by paint manufacturer's product information guidelines. 2. Store materials not in actual use in tightly covered containers. 3. Comply with health and fire regulations of governing authorities having jurisdiction. C. Handling: 1. Handle materials in a manner that precludes the possibility of contamination or incorrect product catalyzation. 2. Do not open containers or mix components until surface preparation has been completed and approved by Engineer. 3. Maintain containers used for storage, mixing, and application in a clean condition, free of foreign materials and residue. A. Environmental Requirements for Tank Interior: 1. As necessary to maintain required ambient conditions and contract scheduling, the contractor shall provide all required equipment for supplemental heating, dehumidification, and power. 2. Vent exhaust from combustion -type heat sources to prevent contact with interior surfaces. 3. Provide continuous forced air ventilation by mechanical means during blasting, blowdown, and coating operations. a. Not to exceed 10 percent of LEL. b. Exhaust air from the lowest portions of the tank with the top opening kept open and clear. c. Vent exhaust of spent abrasives downward during blast and blowdown operations. COTTG 114409 Coating Systems for Water Storage Tanks COTTG 114409 099713-3 d. Maintain exhaust in compliance b. Air and surface temperature is more with state standards. than 5 degrees above the dew point 4. Provide continuous forced ventilation in of the ambient air. accordance with the manufacturer's c. Surfaces to be painted are clean and recommendation. completely dry. a. Minimum rate: 3 air changes per hour. 1.08 SEQUENCING AND SCHEDULING 1) For 12 hours following each prime coat application. A. Sequence blasting operations to prevent the 2) For the initial 24 hours following contact of blasted materials with freshly finish coat application. painted surfaces. 5. Provide the following through the use of dehumidification equipment: B. Sequence interior blasting and painting a. Dew point of the ambient air at a operations as follows: minimum 15 degrees below the 1. Complete surface preparation on the surface and air temperature. tank floor. b. Dehumidification shall be 2. Complete surface preparation on the maintained at all times during remainder of the interior surfaces. surface preparation, coating 3. Clean roof plates, structural roof support application, and cure. system, and shell .plates to first section removing most spent abrasive, dust and B. Containment: any other surface contaminants. 1. Provide containment during abrasive 4. Apply prime -coat followed by finish - blasting and coating application to coat. prevent emission of abrasives, existing 5. Remove remaining spent abrasive, dust coatings, and contaminants onto and other surface contaminants. adjacent property, streets or structures. 6. Apply prime -coat followed by finish - 2. Containment (including ground cover) coat to the floor and bottom shell plate shall comply with state requirements for section. preventing emission of fugitive dust. 3. Containment shall be constructed equal C. Do not apply coatings until surface to the requirements of Minnesota Rule preparation has been approved by Engineer. 7025, as applicable to Class III structures. D. Do not apply finish coat until: a. Include the installation of a properly 1. All prime coat application is completed. sized and fitted bonnet. 2. All surfaces have been cleaned. b. Employ a properly sized dust 3. All surfaces have been approved for collection system. coating by Engineer. 4. Assessment of visible emissions: a. SSPC -Guide G6 5.5.1 Method A, Level 2 emissions. PART 2 PRODUCTS C. Weather Conditions: 2.01 MANUFACTURERS 1. Do not apply coatings in rain, snow, fog, or mist. A. Coatings: 2. Conduct surface preparation and coating 1. Sherwin Williams Company, Cleveland, operations only when the following OH conditions are met. 2. Tnemec Company, Inc., Kansas City, a. Air, surface temperature and MO humidity are within limits recommended by coating B. Dehumidification Equipment: manufacturer. 1. Munters Moisture Control www.munters.com Coating Systems for Water Storage Tanks COTTG 114409 099713-3 3.01 EXAMINATION A. Verify that all surfaces are sound, and ready for surface preparation and coating application. B. Notify Engineer in writing of any conditions that may be detrimental to Work. Coating Systems for Water Storage Tanks 099713 -4 F. Re -blast all Surfaces: 1. Where rusting has recurred. 2. That do not meet the requirements of this Section. G. On the interior wet, scarify by blasting with a fine abrasive all shop - primed surfaces before topcoating. H. Feather edges of existing coating to form a smooth transition prior to spot priming. COTTG 114409 a. Minimum CFM: As to be C. Do not proceed with Work until detrimental determined by Munters. conditions have been corrected. b. Exactaire Monitoring System D. Cathodic Protection Systems (CPS): C. Approved Substitutes: Submit request for �`/ 1. Confirm with Owner that the CPS is substitution in accordance with Section functioning properly. 0125 13. 2. Remove all CPS components from the bowl interior. D. Substitution of fast -cure products or 3. Verify that all components are in good acceleration additives must receive prior working condition. approval by Engineer. 4. Properly state and protect CPS 1. Approval will be based on anticipated components during blasting and coating ambient conditions per the submitted operations. schedule and manufacturer's 5. Examine all penetrations and attachment recommendations. devices during surface preparations and advise Owner OR Engineer of any E. Furnish all coating products from a single problems. manufacturer. 6. Reinstall CPS components after coating is completed. 2.02 MATERIALS 7. Upon completion, verify proper operation. A. Regulatory Requirements: 1. Products shall comply with current state 3.02 PREPARATION VOC requirements. 2. Products shall comply with state A. Protection: Protect or remove all environmental and health standards. appurtenances that are not to be coated. 3. All products shall be lead, chromate, mercury and heavy metals free. B. Shop prime all new steel and components. 1. Surface preparation: SSPC -SP10 B. Thinners: Use thinners approved by coating 2. Primer: See Coating Schedule manufacturer and within their recommended 3. Mask -off 4 -inch strip from edge of plate limits. to provide for field welding. C. Abrasive: C. Clean and remove all rust, slag, weld 1. Abrasive materials must be in splatter, weld scabs, mill scale, loose paint, compliance with state environmental and surface contaminants. and health standards. 2. Exterior use of silica sand is prohibited. D. Grind welds and other sharp projects 3. Properly size abrasives to provide the smooth. required surface profile. E. Surface profile shall be in accordance with the manufacturer's product recommendation. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that all surfaces are sound, and ready for surface preparation and coating application. B. Notify Engineer in writing of any conditions that may be detrimental to Work. Coating Systems for Water Storage Tanks 099713 -4 F. Re -blast all Surfaces: 1. Where rusting has recurred. 2. That do not meet the requirements of this Section. G. On the interior wet, scarify by blasting with a fine abrasive all shop - primed surfaces before topcoating. H. Feather edges of existing coating to form a smooth transition prior to spot priming. COTTG 114409 I. Interior Wet Surfaces: 1. SSPC -SP10 Near White Blast Cleaning. a. All Surfaces. J. Interior Dry Surfaces: 1. SSPC -SP6 Commercial Blast Cleaning. a. Valve Vault. K. Exterior Surfaces: 1. SSPC -SP6 Commercial Blast Cleaning. a. All surfaces. 3.03 MATERIALS PREPARATION A. Materials shall be mixed, thinned, and applied according to the manufacturer's written instructions and in accordance with this Section. B. Maintain containers used in mixing and application in a clean condition, free of foreign materials and residue. C. Mixing of partial containers and field tinting will not be allowed. 3.04 APPLICATION A. Apply in accordance with manufacturer's directions. 1. Do not apply in snow, rain, fog, mist, or on damp surfaces. 2. Allow wet surfaces to dry thoroughly and attain the temperature and conditions specified before proceeding with or continuing the painting operation. 3. Work may continue during inclement weather only if areas and surfaces are enclosed and temperatures within the area can be maintained within limits specified during application and drying periods. B. Use equipment and techniques best suited for substrate and type of material being applied. 1. Brush -apply stripe coat primer or intermediate on all welds and edges prior to general application of finish coat. 2. Spray -apply all complete coats on interior wet portion of the tank. C. Apply each coat at the rate specified. If material is thinned or film thickness cannot be achieved due to application equipment, temperatures, etc., apply additional coats to obtain the specified film thickness. D. Avoid degradation and contamination of blasted surfaces and avoid intercoat contamination. 1. Surfaces shall be free from grease, oil, abrasives, and other contaminants that may have an adverse affect on coating application, bonding, curing, or performance. 2. Clean contaminated surfaces before applying next coat. E. Provide application thickness to specified mil requirements. F. Allow preceding coats to dry before recoating. 1. Recoat within time limits specified by the coating manufacturer. G. Prime Coat: 1. Verify that field - applied coatings are compatible with shop - applied system. 2. Apply prime coat immediately after surface preparation and prior to surface rusting or dust accumulation. H. Where voids are present exposing the substrate or undercoats, apply additional coat(s) until a uniform color and finish is obtained. I. Finish coats shall be uniform in color and sheen without streaks, laps, runs, or missed areas. Apply caulking along all intermittent welds and lap plate seams above the high water line. K. Within the confines of the handrail on top of the tank, apply a non -skid walkway surface. 1. This surface is to consist of an additional application of intermediate coatings at 4 to 6 mils wet. 2. While second coat is still wet, broadcast clean 40 -mesh silica sand to saturation. Coating Systems for Water Storage Tanks COTTG 114409 099713-5 3. When the surface has dried sufficiently, remove excess sand and apply finish coat as specified. 3.05 FIELD QUALITY CONTROL A. Contractor shall provide all necessary equipment to monitor and record the information required on the Daily Application Record. 1. Equipment shall be in good condition. 2. Operational within its design range. 3. Calibrated as required by the specified standard for use of each device. B. Maintain a copy of the following information at the site: 1. Product Data Sheets. 2. Material Safety Data Sheets (MSDS). 3. Contract Document and submittals. 4. Daily Application Record. a. Record information (in English) on form located at the end of this Section. C. Owner's representative may be on site to observe the application of each coating, and the preparation of each substrate. D. Provide safe and complete access to all surfaces for observation by Owner and/or Engineer. the Site in accordance with current state and federal regulatory requirements. B. Upon completion of Work, clean all spattered surfaces. 1. Remove spattered materials by proper methods of washing and scraping. 2. Use care to not scratch or damage finished surfaces. 3.07 WARRANTY INSPECTION A. At the Owner's option, an inspection of the coating system may be held within 24 months of the date of Substantial Completion. B. Owner's Responsibilities: 1. Establish date and time for inspection. 2. Provide minimum 14 days notice to 1. Repair all coating failures as follows: Contractor. 3. Determine inspection method. 4. Provide suitable access. 5. Advise Contractor of any coating gages. failures, and the required corrective measures. accordance with this Section. a. Coating failures shall be interpreted Provide DFT measurements for all coatings to include: 1) Peeling. receipt of Owner's notice. 2) Blistering or bubbling. 3) Cracking. H. 4) Rusting or rust staining. E. Prepare rigging so that all surfaces are C. Contractor's Responsibilities: within arm's reach of observer. 1. Repair all coating failures as follows: a. Coordinate Work schedule with F. Measure wet paint with wet film thickness Owner. gages. b. Perform corrective measures in accordance with this Section. G. Provide DFT measurements for all coatings c. Complete Work within 30 days of in accordance with SSPC -PA2. receipt of Owner's notice. d. Complete Work at no cost to H. Perform Holiday testing in accordance with Owner. NACE RPO 188 as directed by Engineer. 2. Disinfect tank in accordance with Section 33 16 30. I. Correct any deficiencies observed or detected by field testing as directed by Engineer. 3.06 CLEANING A. Remove all discarded paint materials, rubbish, cans, rags, and other debris from Coating Systems for Water Storage Tanks 099713-6 COTTG 114409 3.08 COATING SYSTEM SCHEDULE A. SHERWIN WILLIAMS COMPANY 1. SHOP PAINTING - COLOR DFT TOTAL DFT Gold 4.0 -6.0 4.0 -6.0 2. FIELD PAINTING -Steel INTERIOR WET PRODUCT COLOR DFT TOTAL DFT Epoxy N140 Pota -Pox N140 Pota -Pox 1255 Beige 4.0-6.0 8.0-12.0 Primer(Bare Metal Macropoxy 646 PW Macropoxy 646 PW Lt. Blue 4.0-6.0 8.0-12.0 Intermediate INTERIOR DRY Epoxy PRODUCT Finish White 4.0-6.0 INTERIOR DRY N140 Pota -Pox N140 Pota -Pox 1255 Beige 4.0-6.0 7.0 - 11.0 Epoxy PRODUCT COLOR DFT TOTAL DFT Primer(Bare metal) Macropoxy 646 PW Macropoxy 646 PW Lt. Blue 7.0 - 11.0 Intermediate . Finish WJiite ........ 3 .0-5.0 EXTERIOR PRODUCT COLOR /" DFT TOTAL DFT Epoxy/Polyurethane (Excluding Logo) EXTERIOR - - Epoxy /Polyurethane PRODUCT COLOR DFT TOTAL DFT Mildew Resistant (Excluding Logo) Primer(Bare Metal) Macropoxy 646 PW Macropoxy 646 Hi- Solids Polyurethane Lt. Blue 3.0 - 5. 0 7.0 - 11.0 Intermediate .. ......._... 2.0-3.0 Finish (Semi - Gloss, Gloss) Mildew Resistant 2.0-3.0 (1365WW305/1360V30) F1uorKem Logo /Lettering .......... 2 0 - 3 0 EXTERIOR PRODUCT COLOR DFT TOTAL D Zinc /Epoxy/Polyurethane (Excluding B. TNEMEC COMPANY 1. SHOP PAINTING PRODUCT N140 Pota -Pox COLOR DFT TOTAL DFT 1255 Beige 4.0-6.0 4.0-6.0 2. FIELD PAINTING - Steel INTERIOR WET Epoxy PRODUCT COLOR DFT TOTAL DFT Primer(Bare Metal) N140 Pota -Pox N140 Pota -Pox 1255 Beige 4.0-6.0 8.0-12.0 Intermediate Finish 15BL Tank White 4.0-6.0 INTERIOR DRY Epoxy PRODUCT COLOR DFT TOTAL DFT Primer(Bare metal) N140 Pota -Pox N140 Pota -Pox 1255 Beige 4.0-6.0 7.0 - 11.0 Intermediate .... ..... . 3.0-5.0 Finish 15BL Tank White Coating Systems for Water Storage Tanks COTTG 114409 0997 13-7 EXTERIOR PRODUCT COLOR DFT TOTAL DFT Zinc/Fluoro olymer (Excluding Logo) Primer(Bare Metal) 91H20 Hydro Zinc Greenish Gray 2.5- Intermediate 1075 Endurashield 2.0 - 3.0 Finish (Semi - Gloss, Gloss) 701 / 700 Hydroflon 2.0 6.5-9.5 Logo/Lettering 700 HydroFon END OF SECTION Coating Systems for Water Storage Tanks 099713-8 COTTG 114409 0 U W w Z _0 a U_ J a a a J_ a I 1 1 I I f 1 A 1 1 I 1 Y Y f Y f i I i I i Y I A i 1 I r f I Y I P j I f 1 1 1 A I i 1 1 1 1 f 1 A 1 1 1 Y 1 Y i A f I Y I ! 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Y I Q I Q t 1 A i W ,, ' V V/ n J W U LL H = Z W0 to U L U C a L Z F v W W o Z w 3: a. 0 This Page Left Blank Intentionally SECTION 26 00 00 ELECTRICAL GENERAL PROVISIONS PARTI GENERAL 1.01 SECTION INCLUDES A. General provisions relating to the electrical Work. 1.02 SCOPE A. The contractor shall also refer to the other divisions of the plans and specifications for information which pertains to the electrical section. B. The work included in the project shall include the furnishing of all required labor and materials for a complete and operable electrical system as indicated on the accompanying drawings and as required by the project manual inclusive of all appurtenances not specifically shown or covered by the specifications but required for complete operation of the electrical system as defined in the documents. The work shall also include the testing, adjust- ment, start-up and troubleshooting of the electrical equipment and the training of the Owner's operating personnel in its operation and maintenance. C. It shall be the responsibility of the Contractor to furnish a complete and fully operating system. The Contractor shall be responsible for all details which may be necessary to properly install, adjust and place in operation the complete installation The Contractor shall assume full responsibility for additional costs which may result from unauthorized deviations from the contract documents. 1.03 SUBCONTRACTOR EXPERIENCE A. Electrical subcontractor performing work under this Division of the Specification shall COTTG 114409 meet or exceed the experience requirements listed in the Instructions to Bidders (if applicable). 1.04 VERIFICATION OF DRAWINGS A. The contract drawings indicate the required size of conduit and cable for wiring. The locations of equipment shall be verified in the field by the Contractor. In the event it should become necessary to change the loca- tion of any work due to interference with other work, consult with the Engineer before making any changes. The Contractor shall determine and be responsible for the proper location and character of all anchor bolts, inserts, hangers, sleeves, etc. for the electrical equipment, unless specifically detailed otherwise. 1.05 ALTERNATES, SUBSTITUTIONS A. See General and Supplemental Conditions and Division 1. 1.06 NAMEPLATES A. Each piece of equipment shall have a standard nameplate securely affixed in a conspicuous place, showing the manufacturer, model number and serial number as is applicable. The nameplate of the distributing agent only will not be acceptable. 1.07 QUALITY A. All work shall be installed by skilled mechanics in a neat and workmanlike manner and shall be approved by the Engineer before final acceptance by the Owner. B. If equipment is furnished having power and control requirements other than as specified, Electrical General Provisions 260000 -1 the Contractor shall make all necessary changes and furnish a complete set of drawings for installing the alternate equipment. The installation shall comply with the requirements of the 2008 edition of the National Electrical Code and local and state codes and ordinances. Where the contract documents call for workmanship or materials in excess of code requirements, the project manual shall take precedence. Electrical equipment and materials shall be Underwriter's Laboratory approved, where U.L. standards for such products exist. C. All equipment to be installed on the project shall be new and unused. Existing equipment, if applicable, shall be reused only after obtaining written permission from the Engineer. 1.08 GUARANTEE A. See General and Supplemental Conditions and Division 1. PART2 PRODUCTS Not Used PART 3 EXECUTION 3.01 GENERAL A. The following items shall be included in the work to be done: 1. All work shall be under the direct supervision of a master electrician. 2. Furnish permits as required for electrical construction. Pay all electrical inspection charges for the construction. 3. Furnish and install all power and control conduit and cable. 4. Furnish and install the ground system and complete all grounding connections. 5. Furnish and install electrical equipment as specified in accordance with the manufacturer's recommendations, instructions and directions. All Electrical General Provisions equipment shall be properly protected during construction. 6. Complete all connections and test operate the equipment in cooperation with the Owner, the Engineer and others working on the project. 7. Provide temporary wiring for construction use including ground fault protection in accordance with the 2008 National Electrical Code. 3.02 INSPECTION A. The Contractor shall inspect all the electrical equipment and shall notify the Engineer in writing before the equipment is installed if the equipment appears to be deficient in fit, form or function. cr � I x � K � 7 ► fy I �l � ILA [�] � I A. The Contractor, under this portion of the contract, shall be responsible for all cutting, patching, excavation, backfill, sleeves, chases, openings, etc. for equipment specified in this portion of the contract documents or for cable and conduit and associated electrical equipment that is specified in this portion of the contract documents to serve equipment that is provided by a different portion of these documents. If the Contractor provides equipment that has power and control requirements that are different from those specified, then that Contractor shall be responsible for any additional costs incurred for engineering, construction, and all wiring changes required to make the alternate equipment perform per the intent of the contract documents. B. All patching, cutting, etc. shall have a finish that is compatible with the final finish of the remainder of the surface and shall meet with the approval of the Engineer. END OF SECTION 260000-2 COTTG 114409 SECTION 26 05 00 COMMON WORK RESULTS FOR ELECTRICAL PART1 GENERAL 1.01 SECTION INCLUDES A. Work covered under this Section includes providing all materials, equipment and labor to construct a complete wiring system including conductors, cable, conduit, boxes, fittings, devices and related equipment. 1.04 SUBMITTALS A. Submit technical data in conformance with Section 0133 00 on: 1. Conductors (all kinds) 2. Signal cable 3. Conduit, boxes and fittings (all kinds) 4. Devices 5. Wire identification 1.02 REFERENCES A. National Fire Protection Association (NFPA): 1. NFPA 70 2. National Electrical Code (NEC) 2008 B. Underwriter's Laboratories (UL) 1. UL5, Surface Metal Raceways and Fittings 2. UL50, Cabinets and Boxes 3. UL83, Thermoplastic Insulated Wire 4. UL360, Liquid -Tight Flexible Steel Conduit 5. UL514, Outlet Boxes and Fittings C. National Electrical Manufacturer's Association (NEMA) 1. NEMA 250, Enclosures for Electrical Equipment 2. NEMA WD1, Wiring Devices 1.03 QUALITY ASSURANCE A. All material shall meet the requirements of the National Electrical Code (N.E.C.), National Electrical Manufacturers Association (NEMA) specifications and local codes and ordinances, and shall be Underwriter's Laboratories listed, where U.L. standards for such products exist. PART2 PRODUCTS 2.01 CONDUCTORS - COPPER - 600V A. Conductors shall be of soft drawn, annealed copper, having a conductivity of not less than 98% of pure copper. Conductors shall be NEMA Class B stranded. The conductors shall conform to ICEA and NEMA standards. B. The minimum size for wiring shall be #12 AWG copper, unless shown otherwise. All conductor sizes are based on copper with THWN insulation rated at not less than 75 deg C and suitable for wet and dry locations unless noted otherwise. C. All circuits shall be installed using wire with 600V insulation, unless wire with a different voltage rating is indicated. The insulation, as a minimum, shall have a conductor rating of not less than 75 deg C in both wet and dry locations. All cable shall have the same type of insulation by the same manufacturer throughout the project. Insulation shall meet all applicable NEMA and ICEA standards. D. Control cable and all power cable shall be stranded. E. Approved Manufacturers. 1. Southwire. 2. Cerrowire. 3. Engineer Approved Equal. Common Work Results for Electrical COTTG 114409 260500-1 2.02 SIGNAL CABLE A. Signal cable shall meet the following requirements: The conductors shall be not less than 16 gauge, 7 strand min., Class B, tin coated concentric bare copper wire with a 15 mil (nominal) 90 deg. C PVC primary insulation. The conductors shall be shielded with .35x5 mil (min.) 100% coverage aluminum or copper mylar tape shield, or equal, and an 18 gauge strand copper wire drain wire. The outer jacket shall be 20 mils (nominal) 75 deg. C PVC suitable for wet or dry locations. B. Approved Manufacturers. 1. Belden #9316 2. American Wire Group. 3. Engineer Approved Equal. pxllt�VATJ I R a 117 80 11W 1134ly N-CoWl A. Each power, control and signal conductor shall be identified by plastic tags permanently attached to the cable. The tags shall be attached to each cable at each termination and wherever the cable is accessible injunction or pull boxes. Tags shall be marked with printing showing: 1. The circuit number from the cable and conduit schedules and: 2. The terminal number as assigned by the equipment manufacturer. B. The cable marking system shall use transparent tape with a white area where the numbering shall be typed using a typewriter, as manufactured by: 1. Raychem 2. Thomas & Betts 3. Brady 4. Engineer Approved Equal 2.04 CONDUITS, FITTINGS, BOXES AND DEVICES A. The Contractor shall supply conduit, couplings, connectors, junction boxes, fittings and all other required items for a complete raceway system. The conduit fills indicated in the contract documents are Common Work Results for Electrical based on copper conductors with THWN insulation suitable for 75 deg C insulation in both wet and dry locations. The Contractor shall resize conduits for other conductor and /or insulation systems, if approved. The conduit shall be reamed and cleaned and made free of burrs. Exposed conduit runs shall be straight and true with the building lines and elbows, bends and offsets shall be uniform and symmetrical. All conduit runs shall be installed with adequate means for drainage provided at the low points. B. Rigid Steel Conduit: 1. All conduit shall be galvanized rigid steel unless specifically noted otherwise. 2. The conduit used shall be hot dipped galvanized, including the threads. Unless specified otherwise the conduit shall not be smaller than 3 /4 ". The conduit shall bear the U.L. label. 3. Job site threading need not be galvanized. However, job site threading shall be painted with oil base primer to prevent oxidation of the threads. 4. The use of "threadless" connectors with rigid steel conduits is not acceptable. 5. Intermediate metal conduit shall not be acceptable. 6. All conduit sweeps in/out of concrete floor slabs shall be done with PVC - coated or bitumastic- coated rigid steel conduit. PVC conduit sweeps in/out of floor slabs is not acceptable. 7. Approved Manufacturers. a. Allied Tube and Conduit. b. Cal Pipe Industries. c. Engineer Approved Equal. C. E.M.T. Conduit: 1. E.M.T. conduit shall not be allowed. D. PVC Conduit: 1. Where specifically noted on the Drawings, the Contractor shall furnish and install Schedule 80 PVC conduit. The conduit shall be supported as recommended by the manufacturer or as required by applicable codes and ordinances, whichever is the more stringent. The conduit shall be 260500-2 COTTG 114409 composed of high impact PVC and shall be rated for 90 deg C wire. The conduit shall be listed for underground, encased, and exposed applications. The PVC conduit system shall contain fittings for connecting the system to junction boxes and other devices as required. 2. Wherever a PVC conduit system is used, the Contractor shall furnish and install copper ground conductors. The conductors shall be continuous with no splices or joints unless permitted by the National Electrical Code. The size of the ground conductor shall be as required by the National Electrical Code or as shown on the Drawings, whichever is more stringent. 3. The duct shall bear the UL label. 4. PVC conduit is permitted only where specifically shown. All other areas must be wired utilizing rigid steel, or as required by the Contract Documents. 5. All supporting hardware, clamps, etc. for PVC conduit systems shall be PVC or stainless steel. 6. In lieu of Schedule 80 PVC schedule 40 PVC conduit may be used for certain circuits that are completely concrete - encased or cast under concrete floor slabs as indicated on the Drawings. Contractor shall convert conduit over to rigid steel or schedule 80 PVC where allowed before exposing above grade. All exposed conduit sweeps and radius in/out of the floor slab shall be PVC - coated or bitumastic- coated rigid steel. PVC sweeps in/out of concrete floors are not acceptable. 7. Approved Manufacturers. a. Carlon. b. Allied Tube and Conduit c. Engineer Approved Equal. E. Flexible Sections: 1. Unless equipment is factory wired, the conduit system shall be joined to the equipment with waterproof flexible metallic conduit. The conduit shall be cold rolled steel, galvanized strip shall meet the requirements of a one minute Preece dip test. The galvanized flexible conduit shall be covered with 40 mils ±5 PVC coating. The tensile strength of the PVC shall exceed 1600 psi. The flexible conduit shall be connected to the equipment and conduit system with waterproof, oil proof and dustproof connectors which are designed for use with the flexible conduit installed. All flexible conduit and fittings shall be U.L. approved. The minimum and maximum lengths of flexible connectors shall be sixteen (16) and thirty (30) inches respectively. The flexible conduit shall not be used for grounding equipment. A separate conductor in accordance with N.E.C. Section 250 shall be installed inside the flexible section. a. Approved manufacturers 1) Electriflex, LA Series 2) AFC cable systems, LFMC series 3) Engineer Approved Equal. F. Boxes - Cast: 1. Outlet and junction boxes shall be of the weatherproof, galvanized cast, ferrous alloy type with threaded hubs for use with rigid steel conduit. The boxes shall bear the U.L. label. 2. Approved Manufacturers. a. Crouse -Hinds Type FS b. Appleton Type FS c. Engineer Approved Equal. G. Boxes - PVC: 1. Where Schedule 80 PVC conduit is required, outlet and junction boxes shall be of high- impact molded PVC construction. Outlet and switch boxes shall be "FS" series with cast hubs. Junction boxes and larger boxes shall be of high- impact PVC molded construction, with cork or neoprene gasket. Boxes shall be as manufactured by Carlon Company, or equal. 2. The boxes shall be sufficiently large for the equipment and number of conductors as dictated by the National Electrical Code. Common Work Results for Electrical COTTG 114409 260500-3 3. PVC boxes are permitted only where PVC conduit is required. 4. Furnish and install cast, "weather - protected- while -in -use" covers for all chemical area controlled outlets. Approved Manufacturers. a. Carlon. b. Cantex. c. Engineer Approved Equal. H. Wiring Devices - Specification Grade: 1. Wiring devices shall be AC quiet, NEMA specification grade, heavy duty unless otherwise specified. All devices shall meet Federal Specification W- G -596E and W- S -896E NEMA standard WD 1 -4, and shall be listed by the Underwriter's Laboratories. The voltage rating shall be as required for the application. The devices shall have an ampacity of not less than 20 amps. All receptacles provided shall be of corrosion resistant type. 2. Wall plates shall be weather - protected cast aluminum or stainless steel. All receptacles' covers shall be cast metal and be weatherproof - while -in -use type. 3. GFCI receptacles shall be weather resistant and corrosion resistant. a. Pass & Seymour 2095DSWRBK. b. Engineer Approved Equal. 4. All switches, other than lighting switches, shall have an engraved label identifying the function of the switch and switch positions. 5. Approved Manufacturers a. Pass & Seymour/Legrand, CR6307 corrosion resistant series. b. Engineer Approved Equal. PART 3 EXECUTION 3.01 UNDERGROUND WORK A. The Contractor shall be responsible for all excavating, concrete work where applicable, and backfilling. The underground conduit shall be at least 30 inches below the fmished grade. B. Backfill shall be earth or sand tamped into place. The trench shall be filled to the top and the surface restored to a fmished condition. All excess earth shall be removed. C. Install vinyl warning tape above underground conduit. Tape shall be red or yellow with the words "WARNING - ELECTRICAL CABLE BELOW" continuously imprinted. Warning tape shall be installed at 12" below grade. 3.02 INSTALLATION A. The Contractor shall furnish, install, wire and start-up equipment as required by the contract documents. The manufacturer's installation recommendations shall be observed and the completed assembly shall meet applicable code requirements. 3.03 CONDUCTOR INSTALLATION A. Conductors shall be installed using industry accepted techniques as defined by Underwriter's Laboratories, National Electrical Code, NEMA, ICEA, and other applicable standards. The Contractor shall use approved pulling compound where applicable. B. No splices shall be made in power wiring except injunction boxes. Conductors shall be continuous from outlet to outlet. Wiring shall be terminated as required in the contract documents. C. No splices shall be made in signal or control conductors. The wiring shall be continuous from device to device. D. All wire and cable shall be tested for grounds and continuity before the circuit is energized. The Contractor shall assume full responsibility for damage done to the equipment due to circuit grounds or open circuits. END OF SECTION Common Work Results for Electrical 260500-4 COTTG 114409 SECTION 26 20 00 LOW- VOLTAGE ELECTRICAL TRANSMISSION PART 1 GENERAL B. Operation and maintenance data on all equipment in accordance with Section 1.01 SECTION INCLUDES 01 78 23. A. Work covered under this Section includes PART 2 PRODUCTS providing all materials, equipment, and labor for construction of the main service 2.01 LOAD CENTERS Load Centers and related distribution equipment. A. Unless shown otherwise, the bussing shall be suitable for 100 amps, minimum. The 1.02 REFERENCES number of circuits shall be not less than indicated on the schedules shown on the A. National Fire Protection Associates (NFPA) drawings. Unless shown otherwise, Load 1. NFPA 70, National Electrical Code Centers shall be NEMA 1. All Load Centers (NEC), 2008 on the project shall be by the same manufacturer, shall bear the U.L. label and B. National Electrical Manufacturer's listed as "suitable for use as service Association (NEMA) equipment" where applicable. 1. NEMA 250, Enclosures for Electrical Equipment B. Cabinet rough -in boxes shall be code gauge 2. NEMA PB 1, Load Centers steel, zinc galvanized, on both inside and 3. NEMA ST -20, Dry-Type Transformers outside surfaces, with an inturned flange on for General Applications all sides of the front. The front covers shall be sheet steel, with a rust inhibitor primer C. Underwriter's Laboratories (UL) and a baked enamel finish for surface 1. UL 67, Load Centers mounted panels. The front covers shall be 2. UL 50, Cabinets and Boxes fitted with a door with a continuous butt 3. UL 1561, Dry-Type General Purpose type hinge concealed and welded to the back and Power Transformers of the door. The other three sides shall have door stops. Doors over 48 inches high shall 1.03 MAIN SERVICE FEEDER have auxiliary fasteners at the top and bottom. The doors shall have locks with A. The power feed for the proposed water two keys per lock. When the front cover storage tank is to be re- routed to another and door assembly is removed, access to the source. See plans. wiring gutters shall be provided. The sub -plate shall be fastened to the Load 1.04 SUBMITTALS Centers with screws. The entire Load Centers shall be of dead -front construction. A. Shop drawings and technical data in The trim shall be adjustable. conformance with Section 0133 00 and including: C. Where no main overcurrent protective 1. Load Centers (include schedule of device is scheduled, the Contractor shall circuit breakers). provide Load Centers with main lugs only. 2. TVSS and lighting /surge arresters. Load Centers bussing shall be braced at equal to the interrupting rating of the largest branch overcurrent device in Load Centers Low - Voltage Electrical Transmission COTTG 114409 262000-1 Low - Voltage Electrical Transmission 262000-2 COTTG 114409 with main lugs only. The Load Centers contain door and panel stiffeners as neutral shall have solderless connectors required. The front door shall have a numbered not less than the number of rolled lip and the door flanged and the branch circuits and available spaces in the corners ground smooth. All enclosure Load Centers. All spaces shall be connected welding seams shall also be ground to alternate phases. smooth. 3. The door shall be fastened to the D. Unless otherwise shown, main and branch enclosure with a continuous type circuit breakers rated at 120/240 volts shall stainless steel piano hinge. The inside have an interrupting rating of not less than of the door shall contain data pocket. 14,000 amps, r.m.s., sym. Where load The interior shall be painted white. centers and breakers are UL labeled for the 4. Approved Manufacturers application, series rated main and branch a. Hoffman A- Series breakers may be used. Circuit breakers shall b. Wiegman SSN4 Series indicate open, closed, or trip conditions by c. Engineer Approved Equal. handle position. Circuit breakers shall be 5. This project shall be service entrance quick -make, quick -break with rated and contain 2, 2 -pole breakers thermal- magnetic trips having long -time and mechanically interlocked for portable instantaneous tripping characteristics. generator alternate feed capability. See Multi -pole breakers shall have one handle panel schedule on plans. with internal trip bar with the circuit breaker cases fastened together. Load Centers with 2.02 GROUNDING MATERIALS breakers with an interrupting rating of 14,000 amps or less, may be plug -in. Other A. The entire installation shall be grounded in Load Centers are to be of bolt -on circuit accordance with the National Electrical breaker construction. Code and as otherwise detailed. E. This load, this project shall be service entrance rated and contain 2, 2 -pole breakers 2.03 LIGHTNING /SURGE PROTECTION mechanically interlocked for portable AND TVSS EQUIPMENT. generator alternate feed. F. Install closure plates in each space not occu- A. Contractor shall furnish and install a surge pied by a breaker where the knockout has protective device (SPD) that includes been removed. Accurately list the circuit transient voltage surge suppression numbers on the Load Centers schedule equipment in a NEMA 4 enclosure near the utilizing a typewriter. lighting Load Centers. Equipment shall be as follows: G. Approved Manufacturers. 1. 120/24OV -1 Phase, 3W +ground, 1. Cutler- Hammer. 170/295V MCOV, 240/415V Stand Off 2. Square D. Voltage, 50/60 hz, 200kAIC Short 3. Engineer Approved Equal. Circuit Rating, 100kA 8/20 microsecond Maximum discharge current, UL 1449 H. Special Requirements rated, TD technology with thermal 1. This load center is required to be disconnect over - current replaceable enclosed in an enclosure. cartridge fusing, status LEDs, audible 2. This enclosure shall be a NEMA4X, 304 alarm and remote contacts, stainless steel panel. The panel shall be 2. Approved Manufacturers. of not less than 14 gauge cold - rolled a. Erico "Critec" #TDX200M. steel with continuously welded seams. b. Square D, EBA Series. The enclosure shall be sufficiently large c. Engineer Approved Equal. to accept all control components without crowding. Larger enclosures shall Low - Voltage Electrical Transmission 262000-2 COTTG 114409 PART 3 EXECUTION 3.01 LOAD CENTERS A. Load Centers shall be mounted with the top of the panelboard at 72 inches above finish floor. Contact Engineer if not enough clearance is available. END OF SECTION Low - Voltage Electrical Transmission COTTG 114409 262000-3 This Page Left Blank Intentionally SECTION 26 24 19 STARTERS AND MOTOR CONTROL PART1 GENERAL 1.01 SECTION INCLUDES A. Field- mounted control devices. B. Disconnect switches. 1.02 SCOPE A. The Contractor shall furnish and install, complete, motor starters, control switches, limit switches, etc. as required. All internal wiring shall be completed by the manufac- turer, with the exceptions of field terminations. The Contractor shall furnish, properly sized and coordinated, connectors for the conductors entering the equipment. All equipment shall meet the requirements of NEMA standards and the latest edition of the National Electrical Code, where applicable. Electric Motor Control Centers 1.04 SUBMITTALS A. Shop drawings in conformance with Section 0133 00 and including: 1. Motor control centers and all internal and external components including circuit breakers, starters, overloads, control devices, relays, timers and components indicated on the Drawings. 2. Field- mounted control devices. B. Operation and Maintenance data in conformance with Section 01 75 00 and including: 1. All items listed under Part A, including "as- built" schematic drawings for each piece of equipment. 1.03 REFERENCES A. National Fire Protection Association (NFPA) 1. NFPA 70 National Electrical Code (NEC), 2008 B. National Electrical Manufacturer's Association (NEMA) 1. NEMA ICS 1 General Standards for Industrial Control and Systems 2. NEMA ICS 2 Industrial Control Devices, Controllers and Assemblies 3. NEMA 250 Enclosures for Electrical Equipment 4. NEMA CP -I Capacitors C. Underwriter's Laboratories (UL) 1. UL 845 2.01 CONTROL DEVICES A. Where required, the Contractor shall supply all control devices including, but not limited to, selector switches, push button switches, limit switches, and indicating lights. All control devices shall be of the heavy duty, oil tight type. The contacts shall meet NEMA rating designation A600. Each control device shall be supplied complete with escutcheon and nameplate. Each control device shall have its function permanently marked on the escutcheon. Raised letters on plastic adhesive tape is not acceptable. B. Furnish and install engraved plastic type label designating equipment served. Embossed raised letter type labels shall not be acceptable. Letters shall be '/4 high and white in color on a black background. 2.02 MOTOR CONTROL Starters and Motor Control COTTG 114409 262419-1 A. Starter Units 1. General a. Starter units shall be of the combination type and shall have short circuit protection for not less than 14,000 amperes r.m.s. symmetrical provided by motor circuit protectors (MCP) unless otherwise required. Each starter shall have a disconnecting device for all powered conductors entering the starter cubicle. In addition, each disconnecting means shall contain provisions so the disconnecting means can be locked in the off position. 2. Starting Contactors a. Starting contactors shall be of the magnetically operated type with electronic sensing type overload relays for each three pole contactor. Each contactor shall be provided with an external manually operated reset pushbutton for the overload relays mounted in the compartment door. Fused individual control transformers with not less than 50% excess capacity for the control circuit shown shall be furnished for each starter. Starting contactors shall be ambient compensated. Overload heaters shall be furnished sized according to the motor nameplate data. b. Contactor contacts shall be field replaceable on all starters, size 1 thru size 6. 3. Short Circuit Protection a. Short circuit protection shall be provided for each combination starter unit. Protection shall be provided by motor circuit protectors (MCP) unless shown otherwise. Unless otherwise required, the short circuit protective devices shall have not less than 14,000 amperes r.m.s. symmetrical of short circuit interrupting. The devices shall be Starters and Motor Control 262419 -2 capable of interrupting any asymmetrical fault associated with the symmetrical rating. B. Motor Controls Manufacturer: 1. Allen- Bradley 2. Cutler- Hammer 3. Square D 4. Or engineer- approved equal. A. Disconnect switches shall be fused or non -fused as required and shall be of the "heavy- duty" type. Voltage, horsepower, ampacity and NEMA enclosure rating shall be as indicated. Auxiliary contacts for VFD disconnects are to break the contact prior to a break in a phase of incoming power as shown on the one lines. B. Furnish and install engraved plastic type label designating equipment served. Embossed raised letter type labels shall not be acceptable. Letters shall be 1 /4" high and white in color on a black background. PART 3 EXECUTION 3.01 SUPPLIES A. At Final Completion, Contractor shall furnish the following expendable items for all equipment furnished under this Section: 1. Twenty (20) percent spare fuses and lamps of each type furnished under this Section, but not less than six (6) of each type. This shall include current- limiting power fuses where applicable. 3.03 TRAINING A. None required. END OF SECTION COTTG 114409 SECTION 26 50 00 LIGHTING PARTI GENERAL 1.01 SECTION INCLUDES unless specifically indicated otherwise. F. All fluorescent light fixtures shall have "energy saving" ballasts per applicable Code. A. Lighting fixtures, lamps and appurtenances. 1.02 SUBMITTALS A. Shop drawings and technical data in conformance with Section 0133 00 and including: 1. Fixture specification sheets 2. Footcandle distribution curves C. All fixtures shall be complete with lamps, starters, diffusers, guards, clips, retainers, etc. in accordance with the drawings, specifications and ordinances governing the installation of the fixtures. D. All H.I.D. lamps, other than sodium, shall be phosphor coated. 1.03 REFERENCES A. National Fire Protection Association (NFPA) 1. NFPA 70, National Electrical Code (NEC), 2008 B. Underwriter's Laboratories (UL) 1. UL 57, Electric Lighting Fixtures 2. UL 844, Electrical Lighting Fixtures for Use in Hazardous Locations PART2 PRODUCTS wijl W I v) kl x. A. All fixtures shall bear the seal of the Underwriter's Laboratories (U.L.). The seal shall be for the type of area the fixture is to be located in. B. On all fluorescent, H.I.D., or other fixtures that utilize ballasts, the entire assembly shall have a power factor of not less than 0.90 at its designated voltage. All ballasts shall be of the "rapid- start" type where the starting current does not exceed the operating current. Ballasts on fixtures that are located outside the building envelope shall be suitable for starting and operating at 20 deg, PART 3 EXECUTION 3.01 GENERAL A. The Contractor shall verify, prior to ordering the fixtures, that the fixture bears the U.L. label and meets the requirements for the location where the fixtures are to be installed. B. The Contractor shall install fixtures in accordance with the manufacturer's recommendations and shall be mounted carefully and rigidly. The mounting of the fixtures shall be uniform in height and shall present a neat and workmanlike appearance. C. The Contractor shall examine the contract documents for the ceiling system into which the fixtures will be installed. If additional supporting material, wire, channels, or bars are required for the installation, other than the equipment supplied with the ceiling system, the Contractor, under this Division, shall furnish and install such devices at no change in the contract price. COTTG 114409 Lightinc 265000 -1 D. The fixtures shall be connected into the power distribution system per the requirements of the National Electrical Code, the manufacturer's requirements, or the contract documents, whichever is more stringent. END OF SECTION Lighting 265000-2 COTTG 114409 SECTION 32 92 30 TURF RESTORATION 1.01 SUMMARY A. Section includes re- establishment of original surface grade and turf in areas damaged by construction activities. B. Related Sections: 1. Section 32 93 12 - Plant Installation 2. Section 33 05 50 - Surface Facility Restoration 1.02 REFERENCES A. Mn/DOT: 1. 2105 - Excavation and Embankment 2. 2575 - Controlling Erosion and Establishing Vegetation 3. 3877 - Topsoil Borrow 4. 3881 -Fertilizer 1.03 SUBMITTALS A. Submit certified test report for each seed mixture. B. Submit certification from the grower stating the grass varieties contained in the sod. 1.04 ACCEPTANCE OF WORK A. Turf establishment will be accepted on a total Project basis. 1.06 SEQUENCE AND SCHEDULING A. Perform fine grading and topsoil placement after final site cleanup. B. Coordinate turf establishment to minimize lag time after topsoil placement. C. Plant seed between May 5 and June 10. D. Place sod between May 5 and June 10 or between August 10 and November 1. 1.07 MAINTENANCE A. Maintain and repair all areas until acceptance. B. Apply water to saturate soil to 1 -foot depth. C. Rewater if soaking rain does not occur after 3 days. D. Maintain adequate soil moisture in the upper 1 -foot for 3 weeks after sodding OR seeding. E. Allow soil moisture to drop after 3 weeks. PART2 PRODUCTS 2.01 MATERIALS A. Common Borrow Material: Mn/DOT 2105.2.B.2. B. Once accepted, Contractor is relieved of any further maintenance or repair. 1.05 DELIVERY, STORAGE, AND HANDLING A. Protect seed from moisture prior to use. B. Deliver sod to Site within 24 hours after cutting. C. Place sod on the same day it is delivered COTTG 114409 B. Seed: MrMOT 3876. C. Topsoil Borrow: Mn/DOT 3877.2.A. D. Select Topsoil Borrow: Mn/DOT 3877.2.B. E. Sod: Mn/DOT 3878. F. Lime: Mn/DOT 3879. G. Fertilizer: 1. Mn/DOT 3881 Turf Restoration 329230 -1 2. Slow: Release Nitrogen type. 3. NPK: 20 -0 -10 (phosphorus free) H. Mulch: Mn/DOT 3882. I. Erosion Control Netting: Mn /DOT 3883. Erosion Control Blankets: Mn/DOT 3885 PART 3 EXECUTION 3.01 PREPARATION A. Regrade damaged or rutted areas in order to re- establish original ground topography. B. Place common borrow materials as required to re- establish grade. C. Scarify damaged areas prior to placement of borrow material thereon. D. Place borrow materials in maximum 6 -inch layers and compact each layer. E. Maintain proper moisture content during placement and compaction of borrow materials. F. Compact all embankments with approved compaction equipment until there is no further evidence of consolidation. G. Topsoil Placement: 1. Place four inches of topsoil borrow over all disturbed areas. 2. Drag topsoiled areas to remove wheel tracks and provide a uniform texture and appearance. 3. Finish topsoiled areas to within 0.1 foot of the original ground elevations. 3.02 TURF ESTABLISHMENT A. Applying Fertilizer and Conditioners: 1. Apply fertilizer uniformly over the designated area using mechanical spreading devices. 2. Apply fertilizer at a rate of seven pounds per 1,000 square feet. 3. Apply lime prior to sodding or seeding. 4. Apply fertilizer prior to placing sod. Turf Restoration Apply fertilizer no more than 48 hours prior to seeding. Apply fertilizer with drop spreader. Apply lime only where soil pH is less than 6.5 based on moist soil test taken every 1,000 square feet. B. Sowing Seed: 1. Apply seed mixture over designated areas at a rate of 150 pounds per acre. 2. Apply seed uniformly by mechanical or hydrospreading method. 3. Firm all seeded areas with a drag or cultipacker immediately after seeding and prior to mulching. C. Applying Mulch: 1. Spread mulch uniformly by mechanical means at a rate of two tons per acre. 2. Apply mulch in accordance with Mn/DOT 2575.3F. D. Disc Anchoring: 1. Anchor Type 1 mulch with a disc that punches the mulch 2 to 3 inches into the soil. 2. Anchor mulch immediately after placement. E. Placing Sod: 1. Prepare sodding areas prior to delivery of sod. 2. Place sod strips at right angles to direction of drainage. 3. Place sod strips with staggered end joints. 4. Water and roll sod immediately after placement. 5. Complete repair of sodded areas as directed within 5 days after placement. 6. Stake sod on slopes to prevent displacement. F. Placing Erosion Mats: 1. Polypropylene Plastic Netting: a. Place immediately after mulch or sod has been placed. b. Overlap adjacent strips between 2 inches and 4 inches with upstream strip placed on top. c. Secure netting with wire staples, placed 2 to 3 feet apart. 329230-2 COTTG 114409 2. Wood Fiber Blankets: a. Place blankets within 24 hours after seeding. b. Overlap strip ends 10 -inch minimum with upgrade strip on top. c. Bury upgrade end of each strip minimum 6 inches into soil. d. Secure with wire staples placed at maximum 3 -foot spacing. 3.03 CLEANUP AND PROTECTION A. Sweep up spilled fertilizer. B. Do not apply water to spilled fertilizer. END OF SECTION Turf Restoration COTTG 114409 329230-3 This Page Left Blank Intentionally SECTION 33 16 30 DISINFECTION OF WATER STORAGE FACILITIES PART 1 GENERAL B. Cleaning: 1. Remove all materials from the facility 1.01 SUMMARY interior. 2. Thoroughly clean all interior surfaces A. Section Includes: using a high pressure water jet. This may 1. Disinfection materials. be performed coincidental to Method 2 2. Facility preparation. disinfection. 3. Application of disinfectant. 3. Remove all water, dirt and foreign 4. Disposal of chlorinated water. material accumulated in the cleaning 5. Sampling and testing for bacteria. operation from the facility. B. Related Sections: 1. Section 09 97 13 - Coating Systems for Water Storage Tanks 1.02 REFERENCES A. AWWA C652 - Disinfection of Water Storage Facilities 1.03 SUBMITTALS A. Post Construction - Contract Close -Out: Submit certified bacteriological and chlorine residual test results. PART2 PRODUCTS 2.01 MATERIALS A. Sodium Hypochlorite - Liquid B. Calcium Hypochlorite - Granular or Tablet PART 3 EXECUTION 3.01 PREPARATION 3.02 APPLICATION A. Chlorinate facility in accordance with AWWA C652 Method 2 as follows: 1. General: Apply a 200 mg/1 available chlorine solution directly to all interior contact surfaces below the overflow elevation. 2. Method of Application: a. Apply solution with suitable brushes or spray equipment. b. Thoroughly coat all surfaces including inlet and outlet piping. c. Apply in separate drain piping to produce solution of not less than 10 mg /1 when filled with water. d. Not required in overflow piping. 3. Retention: a. Keep solution in contact with surfaces for at least 30 minutes. b. Purge chlorinated water from drain piping. c. Admit potable water and fill to overflow. d. Provide acceptable bacteriological testing. e. Deliver water to distribution system. A. Screens: 1. Prior to cleaning, remove all vents and overflow screens. 2. Verify that screens are in satisfactory condition. 3. After cleaning is completed replace all screens. COTTG 114409 B. Chlorinate facility in accordance with AWWA C652, Method 3 as follows: 1. Add water and chlorine to the facility in the following amounts: a. Water: Fill to 5 percent of the total storage volume. b. Chlorine: Add to provide a 50 mg/1 (available chlorine) solution. Disinfection of Water Storage Facilities 331630 -1 2. Hold the solution in the facility for a minimum of 6 hours. 3. Admit potable water and fill to overflow. 4. Hold facility full for a minimum of 24 hours. 5. Purge highly - chlorinated water from drain piping. 6. Verify that a free - chlorine residual of not less than 2 mg/1 is present. 7. Provide acceptable bacteriological testing. 8. Deliver water to distribution system. C. Disposal of Water: 1. Prior to discharge or purging of chlorinated water, advise Owner of the time, quantity and concentration. 2. If the concentration exceeds 10 mg/l, neutralize in accordance with Appendix B of AWWA C652 prior to discharge. 3.03 FIELD QUALITY CONTROL A. Provide bacteriological sampling and testing as follows: 1. Obtain samples from sample tap connected to storage facility or outlet piping at 24 hour intervals. 2. Perform coliform and chlorine residual tests on samples by a certified laboratory. 3. Obtain 2 successive negative coliform test results prior to placement of facility in service. 4. Rechlorinate in accordance with 3.02 A if samples test positive for coliform, or if a 2 mg/l residual cannot be maintained. I — ►01 93 IXOI Il-CI]11 Disinfection of Water Storage Facilities 331630-2 COTTG 114409 SECTION 33 16 40 REPAIR AND MODIFICATIONS TO STEEL WATER STORAGE TANKS PART1 GENERAL 1.01 SUMMARY A. Tank Information: 1. Capacity: 1MG gallons. 2. Style: Standpipe B. Section Includes: 1. Installation of new tank components. 1.04 SUBMITTALS A. Shop Drawings: Provide scaled Drawings showing the dimensional and material requirements of each component to be installed. B. Calculations: Provide structural calculations sealed by a licensed Professional Engineer for each load- bearing component. C. Related Sections: 1. Section 09 9150- Shop Painting 2. Section 09 97 13 - Coating Systems for Water Storage Tanks 3. Section 0133 00 - Submittal Procedures C. Certificates: For each welder providing Work, provide certificate verifying that the welder has satisfactorily passed AWWA qualification tests for the type of work to be performed. 1.02 REFERENCES A. ASME - Section IX B. AWWA: 1. D 100 - Welded Steel Tanks for Water Storage 2. D 101 - Inspecting and Repairing Steel Water Tanks, Standpipes, Reservoirs and Elevated Tanks for Water Storage C. NACE RPO 178 - Fabrication Details, Surface Finish Requirement and Proper Design Considerations for Tanks and Vessels to be Lined for Immersion Service 1.03 DESIGN REQUIREMENTS A. All components to meet the structural and design requirements of 1. AWWA D100. 2. OSHA 29 CFR. I�� W-M 93IlIff If"I 2.01 MANUFACTURERS A. Power Process Equipment, Eden Prairie, MN. 1. Manway Replacement Gaskets. B. Fall Arrest System (Rail): 1. Suretrack Climbing and Fall Protection System as manufactured by Miller Fall Protection Products, or approved equal 2. Required components: a. Rail — Aluminum vertical rail W/ hardware, 8631. b. Trolley — for vertical rail and ladder, 8630-1. c. Accessories — 48" removable extension, 8641. d. Bodywear — (2) belt w /front D -ring, 8644. B. Design and install all components as shown on Drawings. C. Shop prime all steel fabrications and components in accordance with Section 0991 50. C. Sika Corporation www.sikausa.com 1. Elastomeric Sealant: Sika -Flex IA. Repair and Modifications to Steel Water Storage Tanks COTTG 114409 331640-1 PART 3 EXECUTION 3.01 PREPARATION A. Grind smooth and/or radius all welds. B. Conform to NACE RPO 178. WINEM -1i 99I'll[Q.11 A. Apply Elastomeric Sealant: 1. Along roof radial lap seams and /or support angles having intermittent welds. 2. On angles to within 1 foot of the high water line. 3. Along seam of the contact point of the roof and outer roof stiffener ring. B. Remove erection bracket scab marks by air are gouging, cutting torch, or grinding. 1. Remove all weld spatter and other surface imperfections. C. Replace all manway gaskets and bolts, as applicable (Incidental). D. Install new 24 -inch diameter by 18 -inch deep floor sump. 1. Location as determined by the engineer. 2. Reference drawing No. kxl a Il W17 0 7 A. Remove the existing upper roof ladder and handrail. Install a new handrail assembly. 1. Reference drawing Nos. B. Remove the existing roof vent. Provide a new 24" diameter vent of frost - design. 1. Reference drawing No. C. Provide and install a new handrail system, with platform: 1. Remove the existing handrail system. 2. Remove the existing roof ladder. 3. Reference drawing Nos. D. Provide and install new access ladder with safety cage: 1. Remove the existing access ladder and cage. Repair and Modifications to Steel Water Storage Tanks 331640 -2 2. New ladder and cage should be constructed and installed in accordance with current AWWA and OSHA design standards. 3. Field verify all dimensions. 4. Provide and install ladder gate. 5. Reference drawing Nos. E. Install new (dual lamp) obstruction light, attach to the new handrail system. F. Clean out the existing overflow pipe at the discharge and replace the screen with a corrosion resistant screen (Incidental). G. Fall Arrest System (Rail): 1. Provide a complete and fully operational fall arrest system with rail restraint at access ladder. H. Provide new locks for all roof hatches. I. Provide and install new stainless steel hatch for valve vault. 1. Reference END OF SECTION COTTG 114409 SECTION 40 90 00 MISCELLANEOUS CONTROL REQUIREMENTS PART1 GENERAL 1.01 DESCRIPTION A. Bidding Requirements, Conditions of the Contract and pertinent portions of Sections in Division One of these Specifications apply to the Work of this Section as fully as though repeated herein. B. It is the intent of the Contract Documents that all equipment specified in this Section of the specification be supplied by a single source supplier i.e. a Systems Integrator. The supplier shall assume full responsibility along with the Contractor for furnishing, installing and start-up procedures so as to make the system operate per the intent of the Contract Documents. C. The work specified in this Section includes furnishing, installing, start-up, testing and adjusting of all required equipment, including instruments, equipment, hardware, software, wiring, accessory equipment, and training to provide a completely integrated part of the existing SCADA system. D. All equipment shall meet the requirements of NEMA standards and the latest edition of the National Electrical Code, where applicable. E. It shall be the responsibility of the Contractor and supplier to examine all new and existing equipment that is transmitting a signal to, or receiving a signal from, equipment specified in this Section. The Contractor shall be responsible for providing signal converters, buffer amplifiers, and isolation devices to make signal levels, reference to ground, etc. compatible between devices specified in this Section and existing equipment. A. Division 26. 1.03 SUBMITTALS A. The Contractor shall submit complete shop drawings, instruction manuals, and record drawings to the Engineer for review, approval and forwarding to the Owner. The quantity and general format shall be as defined in the General Conditions. The information shall include: 1. System schematic drawings. 2. Component schematic drawings. 3. Dimension drawings, wiring and /or piping drawings. 4. Equipment specification sheets. 5. Fabrication and nameplate legend drawings on panels and other enclosures. 6. Complete control panel layout, structural, panel and equipment locations. B. After installation and before the final acceptance of the equipment, bound books containing the record drawings in addition to complete information in connections with the assembly, operation, adjustments, maintenance and repair of all equipment, together with a detailed parts list with drawings and photographs shall be furnished to the Engineer for transmittal to the Owner. See Section 01784 - Operation and Maintenance Data. C. The shop drawings submittal shall conform to the requirements of the Section 01300. All wiring shall be terminated on barrier type terminal strips with the use of crimp type spade connectors. Where the contract documents show a nomenclature used on the terminal strips then the shop drawings and manufactured equipment shall also utilize the same nomenclature. Where none is 1.02 RELATED SECTIONS COTTG 114409 Elevated Storage Tank Controls 409000 -1 assigned the manufacturer shall generate a nomenclature. D. The Contractor shall not accept or install any equipment until he or she has received complete review for the drawings. The Contractor, manufacturer and supplier ac- cept total responsibility for any modifications to equipment or any costs incurred due to the removal and replacement of equipment that has not had shop drawing reviewed with no exceptions being taken. 1.04 BASIS OF BID A. In order to assure uniform quality, ease of maintenance, and minimal parts storage, it is the intent of the specification that all equipment called for under this section shall be supplied by manufacturers identical to the previously installed system equipment. B. No equipment shall be supplied by any manufacturer not regularly engaged in the manufacturing and production of municipal water distribution system controls. The manufacturer must have installed and had in satisfactory use for a period of not less than five (5) years a minimum of ten (10) installations of the size and type comparable to the units specified. C. Systems Integrator shall be Telemetry Process and Control of Stillwater, Minnesota. Contact person is: Nate Anderson (651)430 -0435 D. See Bid Form in Section 00410. PART2 PRODUCTS 2.01 External Devices/Instruments A. Temperature Switch, Ambient, Remote Sensing bulb. 1. Heavy duty, full voltage with remote sensing bulb; adjustable range from -30 to 100 F. 2. Contact rating: 24 to 240 Vac; Elevated Storage Tank Controls 409000-2 inductive rating — 120V =16A, 240V =8A. 3. Mount inside a NEMA 3R enclosure. See plans for additional mounting instructions. Whenever the temperature drops below a predetermined value, the deicing pump shall be started and allowed to run until the temperature rises above the set point plus deadband. 4. Approved Manufacturers: a. PEC #TRF115 -005 b. Allen Bradley 837 Series c. Engineer Approved Equal. A. Switch, Door Entry, Magnetic, Sealed Reed. 1. Furnish door entry switch as shown in plans. 2. Unit shall be of corrosion resistant construction plus factory pre -wired and sealed. Both magnet and switch to be totally enclosed by bare aluminum. 3. Operation shall occur via close proximity to matched magnet within 3" or less of contact. 4. Provide Normally Open contact: (contacts close on door /hatch closed) shall be rated Form A, 100V AC/DC Max, 0.5 A resistive, 7.5 W continuous max. 5. Factory provided "pigtail" cable shall be 3' long and be enclosed by Stainless steel armored sheath. 6. Mounting location and type of mounting bracket shall be coordinated with door manufacturer and Engineer. 7. Acceptable Manufacturers a. GE Sentrol Industrial, "Wide - Gap" series. b. No Substitutions. PART 3 EXECUTION 3.01 REQUIRED ASSISTANCE A. The Systems Integrator (SI) shall be a knowledge source to assist the electrical COTTG 114409 contractor in getting instruments /devices mounted correctly and connected to the proper terminals as the SI desires for functions required of the overall Owner's SCADA system. B. The SI shall coordinate his bid with the electrical contractor and contractor to facilitate, supervise and/or perform essential tasks in terminating wires to the SI's existing equipment and newly provided devices this contract. 3.02 SCADA Integration Requirements A. Update Owners Existing SCADA system: 1. Provide additional PLC programming for the existing Well #6 Control Panel to "relay" all status and alarms added this contract. 2. Provide additional programming to the existing HMI software program to facilitate graphics improvements for the purpose of Owner's operational personnel can be informed of the added VO points status plus provide historical archiving. 3.03 START -UP SERVICES A. Confirm proper operation of all features and functions. Demonstrate operation to Owner and Engineer. A. Provide one -trip, with 2 -hours onsite training to inform operations of the updated SCADA features. END OF SECTION Elevated Storage Tank Controls COTTG 114409 409000-3 This Page Left Blank Intentionally i SEH Multidisciplined. Single Source. Trusted solutions for more than 75 years. www.sehinc.com