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Signed Contracts_Catfish Lift Station Stand by Generator, Strand Associates
, = = 'D CD )--, lmi • eD O . owif g o 4 ft il C wl = = - Cr A & G ELECTRIC CONTRACT DOCUMENTS ENGINEER'S COPY CATFISH LIFT STATION STANDBY GENERATOR ADDITION CONTRACT 1-2009 CITY OF DUBUQUE, IOWA JULY 2010 JOB NO. 1154.005 PLAN HOLDER: o C PROJECT MANUAL CATFISH LIFT STATION STANDBY GENERATOR ADDITION CONTRACT 1 -2009 CITY OF DUBUQUE, IOWA Prepared by: STRAND ASSOCIATES, INC. 910 West Wingra Drive Madison, WI 53715 www.strand.com July 2010 Set No.: 53 STRAND ASSOCIATES, INC," ENGINEER S ` ,�' TONAL � c�t,, ���k �'2. -;$k, `..." z'1/4/: CHRISTOPHER P. % `a; HAASE 19448 . /O SEAL P % m` r. I hereby certify that prepared by me or under and that I am a duly licensed the laws of the State of FOR STRAN SOCIATES, this engineering document was my direct personal supervision Professional Engineer under Iowa. INC. Christo her R Haase, License Number 19448 P.E. Date My license renewal date is December 31, 2010 Specification sections covered by this seal: Section 11940 and Division 16. CERTIFICATION PAGE NO. 1 CATFISH LIFT STATION STANDBY GENERATOR ADDITION CONTRACT 1 -2009 CITY OF DUBUQUE, IOWA DIVISION 0— BIDDING AND CONTRACTING REQUIREMENTS NOTICE TO BIDDERS 3 INSTRUCTIONS TO BIDDERS 00200- 9 BID 00400- 7 BID BOND 00430- 2 AGREEMENT 00520 -10 NOTICE TO PROCEED 00550- 1 CONSTRUCTION PERFORMANCE BOND 00600- 3 CONSTRUCTION PAYMENT BOND 00600- 6 GENERAL CONDITIONS 00700 -41 SUPPLEMENTARY CONDITIONS 00800 -14 CERTIFICATE OF LIABILITY INSURANCE 1 SPECIAL PROVISIONS 1 INSURANCE SCHEDULE B 11 SALES AND USE TAX EXEMPTION CERTIFICATE 1 DIVISION 1— GENERAL REQUIREMENTS DIVISION 2 —SITE WORK DIVISION 3— CONCRETE SECTION 00010 TABLE OF CONTENTS Section 00010 -1 1154.005/1 -2009 Pages Through SUMMARY OF WORK 01010- 5 CONTRACT CONSIDERATIONS 01019- 1 COORDINATION, FIELD ENGINEERING, AND MEETINGS 01039- 2 CUTTING, PATCHING, AND ALTERATIONS 01045- 5 REGULATORY REQUIREMENTS 01060- 1 REFERENCE STANDARDS AND DEFINITIONS 01090- 6 SUBMITTALS 01300- 4 QUALITY CONTROL 01400- 2 TEMPORARY FACILITIES 01500- 2 TEMPORARY CONTROLS 01560- 2 MATERIALS AND EQUIPMENT 01600- 4 STARTING OF SYSTEMS 01650- 3 CONTRACT CLOSEOUT 01700- 3 EXCAVATION, FILL, BACKFILL, AND GRADING 02222- 4 CHAIN LINK FENCE 02831- 4 RESTORATION 02930- 2 CONCRETE 03300- 5 TABLE OF CONTENTS Continued Pages Through DIVISION 16— ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 16010- 8 CONDUIT 16110- 5 WIRE 16120- 5 BOXES 16130- 3 WIRING DEVICES 16141- 2 CABINETS AND ENCLOSURES 16160- 2 SUPPORTING DEVICES 16190- 2 ELECTRICAL IDENTIFICATION 16195- 2 STANDBY POWER SYSTEM 16230 -12 SERVICE ENTRANCE AUTOMATIC TRANSFER SWITCHES 16253- 4 TRANSIENT VOLTAGE SURGE SUPPRESSION (TVSS) 16412- 4 DISCONNECT SWITCHES 16440- 2 SECONDARY GROUNDING 16450- 4 END OF SECTION Section 00010 -2 1154.005/1 -2009 BIDDING AND CONTRACTING REQUIREMENTS NOTICE TO BIDDERS CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT CATFISH LIFT STATION STANDBY GENERATOR ADDITION Time and Place for Filing Sealed Proposals. Sealed bids for the work comprising each improvement as stated below must be filed before 2 P.M. on August 6, 2010, in the Office of the City Clerk, City Hall —First Floor, 50 West 13th Street, Dubuque, Iowa 52001. Time and Placed Sealed Proposals Will be Opened and Considered. Sealed proposals will be opened and bids tabulated at 2 P.M. on August 6, 2010, at City Hall— Conference Room B, 50 West 13 Street, Dubuque, Iowa, for consideration by the City Council (Council) at its meeting on August 16, 2010. The City of Dubuque, Iowa, reserves the right to reject any and all bids. Bid Security. Each bidder shall accompany its bid with a bid security as security that the successful bidder will enter into a contract for the work bid upon and will furnish after the award of contract a corporate surety bond, acceptable to the governmental entity, for the faithful performance of the contract, in an amount equal to one hundred percent of the amount of the contract. The bid security shall be in the amount of ten percent (10 %) of the amount of the contract and shall be in the form of a cashier's check or certified check drawn on a state - chartered or federally chartered bank, or a certified share draft drawn on a state - chartered or federally chartered credit union, or the governmental entity may provide for a bidder's bond with corporate surety satisfactory to the governmental entity. The bid bond shall contain no conditions excepted as provided in this section. Contract Documents. Bids are to be addressed to the City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001, and shall be marked "Sealed Bid — Catfish Lift Station Standby Generator Addition— Contract 1- 2009." Bidding Documents may be obtained from the Issuing Office which is Strand Associates, Inc., 910 West Wingra Drive, Madison, Wisconsin 53715. A deposit of $100 will be required (shipping and handling fees included). Overnight mailing of Bidding Documents will not be provided. The deposit will be refunded if the Bidding Documents are returned in good condition no later than thirty days after the day set for, receiving Bids. Bidding Documents may be examined at the offices of the City of Dubuque and are on file at the following locations: McGraw -Hill Construction- Dodge, 4075 N 124th St, Brookfield, WI 53005 -1832; (414) 259 -9800 Bid +Network, 4814 East Broadway, Madison, WI 53716 (608) 221 -3148 Reed Construction Data, 30 Technology Parkway South, Suite 500, Norcross, GA 30092 -2912, (800) 414 -3996 Bidders who submit a Bid must be Plan Holder of record at the Issuing Office. Bids from Bidders who are not on the Plan Holders List may be returned as not being responsive. Plan Holders are requested to provide an e-mail address if they wish to receive addenda and other information electronically. Plan Holders are requested to designate whether they are a prime contractor, subcontractor, or supplier if they want this information posted on the project Plan Holders List. No Bid will be received unless accompanied by a cashier's, certified or bank check or a Bid Bond equal to at least 10 percent of the maximum Bid, payable to the OWNER as a guarantee that after a Bid is accepted, Bidder will execute and file the Agreement and 100% Performance and Payment Bonds within 15 days after the Notice of Award. The bid security shall be in the amount of ten percent (10 %) of the amount of the contract and shall be in the form of a cashier's check or certified check drawn on a state - chartered or federally chartered bank, or a certified share draft drawn on a state - chartered or federally chartered credit union, or the governmental entity may provide for a bidder's bond with corporate surety satisfactory to the governmental entity. The bid bond shall contain no conditions excepted as provided in this section. The City of Dubuque reserves the right to reject any or all Bids, to waive any technicality, and to accept any Bid which it deems advantageous. All Bids shall remain subject to acceptance for 95 days after the time set for receiving Bids. Contract award shall be made based on the lowest responsive and responsible Bidder. The Strand Associates project manager is Chris Haase and can be contacted at Strand Associates, Inc., 910 West Wingra Drive, Madison, Wisconsin 53715, (608) 251 -4843 regarding the project. Preference for Iowa Products and Labor. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa statutes. Sales Tax. The bidder should not include sales tax in its bid. A sales tax exemption certificate will be available for all material purchased for incorporation in the project. General Nature of Public Improvement. CATFISH LIFT STATION STANDBY GENERATOR ADDITION The Work includes the addition of a 250 kW standby diesel generator, automatic transfer switch, and associated electrical feeder modifications. Published in the Telegraph Herald, July 9, 2010. SECTION 00200 INSTRUCTIONS TO BIDDERS A. These Instructions to Bidders establish requirements for Bidding and Award of Contract. B. These articles are not necessarily numbered consecutively. C. Table of Contents 1. Defined Terms 2. Copies of Bidding Documents 3. Qualifications of Bidders 4. Examination of Bidding Documents, Other Related Data and Site 5. Prebid Conference 6. Site and Other Areas 7. Interpretations and Addenda 8. Bid Security 9. Contract Times 10. Liquidated Damages 11. Substitute or "Or Equal" Items 12. Subcontractors, Suppliers, and Others 13. Bid 14. Basis of Bid; Evaluation of Bids 15. Submission of Bids 16. Modification and Withdrawal of Bids 17. Opening of Bids 18. Bids to Remain Subject to Acceptance 19. Award of Contract 20. Contract Security and Insurance 21. Signing of Agreement 22. Retainage 23. Wage Rate Determination 26. Laws, Ordinances, and Regulations ARTICLE 1— DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and the Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Issuing Office —The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ARTICLE 2— COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Notice to Bidders may be obtained from the Issuing Office. The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within thirty days after opening of Bids. Section 00200 -1 1154.00511 -2009 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3— QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below. 3.02 Bidder must be prepared to submit evidence of Bidder's qualifications to do business in the state where the Project is located prior to award of the Contract. 3.03 Bidders shall submit the documentation listed in Paragraph 7.01 of the Bid Form (Section 00400). ARTICLE 4— EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify, if any, 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A, which are not included with the Bidding Documents, will be made available by OWNER to any Bidder on request. Reports and drawings, whether included in the Bidding Documents or not, are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are 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, if any, those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, that ENGINEER has used in preparing the Bidding Documents. Section 00200 -2 1154.005/1 -2009 B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request in advance and after submittal of Bidder's evidence of insurance coverage meeting the requirements designated in the General and Supplementary Conditions, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents and 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, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly Section 00200 -3 1154.005/1 -2009 required by the Bidding Documents, and safety precautions and programs incident thereto (Bidder may want to engage the services of a specialist or specialists to help Bidder evaluate these physical conditions and their impact on the work enumerated above); 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 and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolution thereof by ENGINEER is 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— PREBID CONFERENCE 5.01 A prebid conference will not be held for the Project. 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 are to be obtained and paid for by CONTRACTOR. ARTICLE 7— INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Issuing Office as having received the Bidding Documents. 7.02 All requests for interpretation must be received at least five days prior to the day set for receiving Bids. Addenda will be mailed not later than three days prior to the day set for receiving Bids. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from Section 00200 -4 1154.005!1 -2009 any obligations under the Bid as submitted. All Addenda so issued shall become part of the Contract Documents. 7.03 Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.04 Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.05 Receipt of all addenda must be acknowledged in space provided in the Bid. ARTICLE 8 —BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of 10 percent of the Bidder's maximum Bid price and in the form of a cashier's, certified, or bank check or a Bid Bond (on form attached) 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. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of the Bidder will be forfeited. 8.03 Bid security of Bidders will be retained unless requested to be returned and will not be returned until after Contract has been awarded or until the Bid hold period expires. 8.04 Bidder shall review the Special Provisions at the end of Division 0 regarding bond requirements for out -of -state contractors. ARTICLE 9— CONTRACT TIMES 9.01 The numbers of days within which, or the dates by which, milestones, if any, are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). ARTICLE 10— LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11— SUBSTITUTE OR "OR EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or equal" items. Whenever it is specified or described in the Bidding Documents that an Equipment Alternative listed in the Lump Sum Base Bid or that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. ARTICLE 12— SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Section 00200 -5 1154.005/1 -2009 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, individuals, or entities if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in the Bid. 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 the forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity 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.B 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. 12.04 In contracts where the Contract Price is on the basis of cost -of- the -work plus a fee, the apparent successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the work that such Bidder proposes to subcontract and after the Notice of Award may only subcontract other portions of the work with OWNER's written consent. ARTICLE 13 —BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form must be completed by printing in ink or by typewriter and the Bid signed in ink. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item or unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or vice president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 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 below the signature. 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 below the signature. 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 below the signature. 13.08 All names shall be printed in ink below the signatures. Section 00200 -6 1154.005/1 -2009 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid form. 13.10 The address 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 covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also be shown on the Bid Form. 13.12 All Bids shall be signed in the presence of and be notarized by a Notary Public or other Officer authorized to administer oaths. ARTICLE 14 —BASIS OF BID; EVALUATION OF BIDS 14.01 Lump Sum A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. 14.02 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. Discrepancies between words and figures will be resolved in favor of the words. ARTICLE 15— SUBMISSION OF BIDS 15.01 Bids will be received for all divisions of the Specifications and all other provisions of the Bidding Documents. 15.02 Bidder is furnished one copy of the Bidding Documents with one separate unbound copy of the Bid Forms and the Bid Bond. The Bidding Documents may be retained by Bidder. The unbound copy of the Bid Forms is to be completed and submitted with the Bid security along with any data required by the Bidding Documents to be attached to and made a condition of the Bid. Additional copies may be obtained from the Issuing Office. 15.03 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Notice to Bidders and shall be enclosed in an opaque sealed envelope, plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If the Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to place indicated in the Notice to Bidders. No relief will be provided for a mailed Bid not being received by the prescribed time. No Bid will be considered which is received after the time set for receiving Bids. ARTICLE 16— MODIFICATION AND WITHDRAWAL OF BIDS 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time set for receiving Bids. Section 00200 -7 1154.005/1 -2009 ARTICLE 17— OPENING OF BIDS 17.01 Bids will be opened at the time and place set for receiving Bids indicated in the Notice to Bidders and, unless obviously nonresponsive, read aloud publicly. An abstract of the amounts of the base bids and major alternatives and components, if any, will be made available to Bidders after the opening of Bids. 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 without limitation the right to reject any or all Bids, to waive any and all informalities not involving price, time or changes in the work and to negotiate Contract terms with the Successful Bidder; and the right to accept or reject all incomplete, nonconforming, nonresponsive, unbalanced, obscure, or conditional Bids, or Bids which contain additions not called for, erasures, alterations, or irregularities of any kind, or which do not comply with the Instructions to Bidders. OWNER reserves the right to 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, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be nonresponsible. 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 alternatives, unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bids, 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. OWNER also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award. 19.05.1 OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and 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 to OWNER's satisfaction within the prescribed time. Bidder shall furnish to OWNER all such information and data for this purpose as OWNER may request. OWNER reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy OWNER that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the work contemplated therein. Section 00200 -8 1154.005/1 -2009 19.05.2 OWNER shall be satisfied that Bidder involved (1) maintains a permanent place of business, (2) has adequate plant and equipment to do the work properly and expeditiously, (3) has a suitable financial status to meet obligations incident to the work, (4) has appropriate technical experience, and (5) can submit a satisfactory performance record. 19.06 If a Contract is to be awarded, it will be awarded to the responsive and responsible Bidder with the lowest Bid whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 19.07 If a Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award within 60 days after the time set for opening Bids. 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 insurances. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment bonds and insurances. 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 all 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 ENGINEER with the required Bonds and insurances. Within 20 days after receipt of properly executed documents and Bonds and insurances which meet all requirements of the Contract Documents, ENGINEER will deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22— RETAINAGE 22.01 Provisions concerning retainage are set forth in the Agreement. ARTICLE 23 —WAGE RATE DETERMINATION 23.01 A wage rate determination is not a requirement of this Project. ARTICLE 26 —LAWS, ORDINANCES, AND REGULATIONS 26.01 Bidder must familiarize itself with all laws, ordinances, and regulations by federal, state, city, or other governmental agency, which by reason of being neglected or violated may affect the Work contemplated and must secure and pay the fee required for any permits which may be necessary unless such fees are otherwise indicated to be paid in the Bidding Documents. END OF SECTION Section 00200 -9 1154.005/1 -2009 A. Table of Contents ARTICLE 1 —BID RECIPIENT 1 This Bid is submitted to: ARTICLE 2— BIDDER'S ACKNOWLEDGEMENTS SECTION 00400 BID CATFISH LIFT STATION STANDBY GENERATOR ADDITION CONTRACT 1 -2009 CITY OF DUBUQUE, IOWA ARTICLE 1. BID RECIPIENT ARTICLE 2. BIDDER'S ACKNOWLEDGEMENTS ARTICLE 3. BIDDER'S REPRESENTATIONS ARTICLE 4. FURTHER REPRESENTATIONS ARTICLE 5. BASIS OF BID ARTICLE 6. TIME OF COMPLETION ARTICLE 7. ATTACHMENTS TO THIS BID ARTICLE 8. DEFINED TERMS ARTICLE 9. COMMUNICATIONS ARTICLE 10. BID SUBMITTAL 1.01 Bids to be received until 2 P.M., local time, August 6, 2010. City of Dubuque 50 West 13th Street Dubuque, IA 52001 1.03 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Notice to Bidders and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 95 days after the Bid opening or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 2.02 Bidder will sign and deliver the required number of counterparts of the Agreement with the bonds, insurance certificates and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award. Section 00400 -1 1154.005/1 -2009 ARTICLE 3— BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda (list addenda by addendum number and date), receipt of all which is hereby acknowledged: Date: Addendum Number: No Addendums Received B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in GC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions, if any, that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. Section 00400 -2 1154.005/1 -2009 J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. ARTICLE 4— FURTHER REPRESENTATIONS 4.01 Bidder further represents 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 agreement or rules of any group, association, organization, or corporation; 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 sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. ARTICLE 5 —BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): The following abbreviations may be used in this Bid: CIP Complete in Place LF Linear Foot CY Cubic Yard LS Lump Sum DI Ductile Iron LT Left DIA Diameter MBF Thousand Board Feet EA Each MH Manhole EST Estimate(d) RCP Reinforced Concrete Pipe EXCL Excluding RT Right FT Feet SF Square Foot GAL Gallon STA Station HERCP Horizontal Elliptical RCP SY Square Yard HRS Hours T Ton IN Inch VLF Vertical Linear Foot INCL Including W/ With LBS Pounds W/O Without BIDDERS SHOULD NOT ADD ANY CONDITIONS OR QUALIFYING STATEMENTS TO THIS BID OR THE BID MAY BE DECLARED IRREGULAR AS NOT BEING RESPONSIVE TO THE INSTRUCTIONS TO BIDDERS. Section 00400 -3 1154.005/1 -2009 LUMP SUM BID: BID CATFISH LIFT STATION STANDBY GENERATOR ADDITION CONTRACT 1 -2009 CITY OF DUBUQUE, IOWA Ninety Two Thousand One Hundred Dollars $ 92, 100.00 (Words) (Numbers) Section 00400 -4 1154.005/1 -2009 ARTICLE 6 -TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete on or before February 11, 2011 and will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before March 11, 2011. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. 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 Bond in the (Bond or Certified Check) amount of 107 Of Bid Dollars ($ ) as required by the Instructions to Bidders. ARTICLE 8- DEFINED TERMS 8.01 The terms used in this Bid with initial or all capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9- COMMUNICATIONS 9.01 Communications concerning this Bid shall be addressed to the address of Bidder indicated below: Name: Barney Grobstick - A & G Electric Street: 490 E. 14th St. City, State, Zip Code: Dubuque, Iowa 52001 Phone No.: 563- 588 -4253 Fax No.: 563- 588 -8043 E -mail: b.grobstick @dubuque.net or agelect @dubuque.net ARTICLE 10 -BID SUBMITTAL Submitted on 8/06/10 State Contractor License No. EL- 4366EC Section 00400 -5 1154.005/1 -2009 (if applicable). If Bidder is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business address: Phone No.: Fax No.: A Partnership Partnership Name: (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: Fax No.: A Corporation Corporation Name: A & G Electric (SEAL) State of Incorporation: Iowa Type (Gener ine, � Tonal, Service, Limited Liability): Electrical Contractor Name (typed'or printed): Title: President /Owner Attest (Signature of Corporate Secretary) Business address: 490 E. 14th St. - Dubuque, Iowa 52001 Phone No.: 563- 588 -4253 Fax No.: 563 - 588 -8043 Date of Qualification to do business is November 1983 Sworn and subscribed to before me this Notary Public or Other Officer day of • `►.5 , Authorized to Administer Oaths. My Commission expires: (Signature -- attach evidence of authority to sign) Rick Ackley Section 00400 -6 1154.00511 -2009 (CORPORATE SEAL) A Joint Venture Joint Venturer Name: (SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: Fax No.: Phone No., Fax No., and address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Sworn and subscribed to before me this day of (Signature -- attach evidence of authority to sign) Notary Public or Other Officer Authorized to Administer Oaths. My Commission expires: END OF SECTION Section 00400 -7 1154.005/1 -2009 BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID: BOND: BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. By: Attest: By: Attest: BID DUE DATE: PROJECT (Brief Description Including Location): SURETY BIDDER Surety's Name and Corporate Seal Signature and Title (Attach Power of Attorney) Signature and Title Signature and Title Signature and Title SECTION 00430 10% BID BOND SEE ATTACHED BID BOND (Seal) Bidder's Name and Corporate Seal (Seal) Above addresses are to be used for giving required notice. Section 00430 -1 1154.005/1 -2009 3. This obligation shall be null and void if: 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. Payment of penal sum is the extent of Surety's liability. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3.1 OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by OWNER, or 3.3 OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage prepaid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. END OF SECTION Section 00430 -2 1154.005/1 -2009 KNOW ALL BY THESE PRESENTS, that we A & G Electric Company as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Dubuque, Iowa as Obligee, hereinafter called the Obligee, in the sum of Ten percent of bid Dollars ($ 10% of bid ), for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Catfish Lift Station Standby Generator Addition Contract 1 -2009 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th CONT 0001 0899 day of (WITNESS) (WITNE ) UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407 -3909 319 - 399 -5700 (A Stock Company) BID BOND August ,20 10 A & G Electric Company (PRINCIPAL (TITLE) UNITED FIR CASUALTY COMPANY RETY) (Original on °file et Home Office of Company - See Certification }. KNOW ALL MEN BY THESE PRESENTS,,, the :UNITED FIRE &':CASUALTY COMPANY a corporation duly organized and existing under the laws of the State of Iowa, "and having its principal office in:Cedar Rapids; State of Iowa, does make, constitute and appoint JOHN E. GOODMAN,: .. INDIVIDUALLY: of DUBUQUE IA ` its true and lawful `Attorney(s) in -Fact with power and = :authority hereby conferred to -sign, seal and execute in its behalf all lawful_: bonds, undertakings and other obligatory instruments of similar. nature: as (allows 500,000:, 00 : and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the extent as if such instruments - were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given arehereby ratified and confirmed The : :Authority; hereby: granted is continuous and shalt remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY.: ,= This power of Attorney -is mad_ a and executed' pursuant to and .by authority of the following By -Law duly adopted by Board of Directors of the:Company on April 18 1073 • "Aiticle V = =.Su.rety Bonds and - Undertakings Section 2, Appointment of Attorney -in -Fact. The President or any Vice President, or any other officer of the Company may, from time to time,. appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds undertakings and other obligatory instruments of like nature. The signature of any officer authorized 'tierebyand the Corporate seal, may be affixed by facsimile to any power of .attorney or special power of attorney or - certification of >:;either authorized hereby; such signature and seal, when so used being adopted ° by the Company as the original. signature of such officer and the original seal of the Company, to be valid and binding upon the.Company with;the same force and:effect'as though manually affixed. Such attorneys -in fact, subject to the= limitations set forth: in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other offjeer of the Company may at any time revoke all power and authority previously giver) to any' attorney- in=fact tN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused .thes presents to be signed _by `\`cis %'1'�Ty. its vice president and its corporate seal to be hereto affixed this 15th day of January 2008 y: t oRPORnTE UNITED FIRE & CASUALTY COMPANY y� SEAL � State of lows County of Vice. President On 15th.day pf` January 20D8, before me personally came Dennis J. Richmann to -me known, who being .by me'duly sworn, did depose and say; that he resides in Cedar Rapids :State of Iowa that he is a :Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that , he knows the _seal of said corporation; that ..the seat : affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the $oard of Directors.; of--said corporation and that ie signed - his•:name thereto pursuant to like • authority, and : acknowledges same to bethe, act and deed of said corporation: M Iowa Nolsrial Seat: Commiosi"on number 1:93273. -:.' -- My Commission Expires 10/26/10 the undersigned office of the.. UNITED FIRE & CAS.UALTY_ COMPANY - ,do hereby` certify that I have compared the foregoing copy Of the Pow er of Attorney; and affidavit : .and the :copy of the Section of the by -laws :of said Company as : se t forth in said Power of Attorney, with the ORIGINAL S FILE IN THE HOME OFFICE OF 'SAID COMPANY; and that the same are - correct transcripts thereof and of _ the whole of-thesaid originals, and that; thesaid. -Power of Attorneyh'as not been revoked::and is now in full force and effect: � °I" ""//, r In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company ��� s c lsc 4�� ,'� r' -- this 4th - y daof - -Ai!gltst =. 2Q1t .. V".. ti - CO RP ORATE v ... -. -- r SEAL / . -/,,,.14.,A q /r I IV; u% %% - UNITED FIRE 4 CASUALTY COMPANY_:1 HOME OFFICE CEDAR-RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY By Notary Public Secretary THIS AGREEMENT is by and between CITY OF DUBUQUE, IOWA (hereinafter called OWNER) and A & G ELECTRIC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, 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: CATFISH LIFT STATION STANDBY GENERATOR ADDITION Article 2. THE PROJECT SECTION 00520 AGREEMENT 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: CONTRACT 1 -2009 Article 3. ENGINEER 3.01 The Project has been designed by Strand Associates, Inc.® (hereinafter called ENGINEER), who 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 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. Section 00520 -1 1154.005/1 -2009 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially complete on or before February 11, 2011 and will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before March 11, 2011. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 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 to OWNER the following daily charge: exhibit. Original Contract Amount From More Than To and Including Section 00520 -2 1154.005/1 -2009 Daily Charge Calendar Day $ $ 100,000 $ 500 100,000 500,000 800 500,000 1,000,000 1,000 1,000,000 3,000,000 1,200 3,000,000 5,000,000 1,500 5,000,000 2,000 The above liquidated damages shall be applied separately to each of the substantial and final completion dates as shown in Paragraph 4.02. Article 5. CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: NINETY TWO THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($92,100.00) A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an B. All specific cash allowances are included in the Contract Price and have been computed in accordance with Paragraph 11.02 of the General Conditions. Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as established at the preconstruction conference during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, OWNER will retain an amount equal to 5% of each progress payment application. 2. Upon Substantial Completion, in accordance with Iowa Code 26.13, CONTRACTOR may request the release of all or part of the retained funds owed. The request shall be accompanied by a sworn statement of CONTRACTOR that, ten calendar days prior to filing the request, notice was given as required to all known subcontractors, sub - subcontractors, and suppliers. 3. If at the time of the request for the release of the retained funds labor or material are yet to be provided, an amount equal to two hundred percent of the value of the labor or materials yet to be provided, as determined by ENGINEER, may be withheld until such labor or materials are provided. 4. CONTRACTOR shall release retained funds to subcontractor or subcontractors in the same manner as retained funds are released to CONTRACTOR by the governmental entity or the department. Each subcontractor shall pass through each lower tier subcontractor all retained fund payments from CONTRACTOR. 5. Prior to applying for release of retained funds, CONTRACTOR shall send a notice to all subcontractors, sub - subcontractors, and suppliers that provided labor or materials for the public improvement project. The notice shall be substantially similar to the following: "NOTICE OF CONTRACTOR'S REQUEST FOR EARLY RELEASE OF RETAINED FUNDS You are hereby notified that [name of CONTRACTOR] will be requesting an early release of funds on a public improvement project designated as [name of project] for which you have or may have provided labor or materials. The request will be made pursuant to Iowa Code section 26.13. The request may be filed with the [name of governmental entity or department] after ten calendar days from the date of this notice. The purpose of the request is to have [name of governmental entity or department] release and pay funds for all work that has been performed and charged to [name of governmental entity or department] as of the date of this notice. This notice is provided in accordance with Iowa Code section 26.13." Section 00520 -3 1154.005/1 -2009 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. HIERARCHY 7.01 In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: First: WRITTEN AMENDMENTS Second: AGREEMENT Third: CHANGE ORDERS Fourth: ADDENDA Fifth: SUPPLEMENTARY CONDITIONS Sixth: GENERAL CONDITIONS Seventh: SPECIFICATIONS Eighth: DRAWINGS Figure dimensions (numerical) on Drawings shall take precedence over dimensions measured utilizing a scale. Article 8. CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress and performance of the Work. D. CONTRACTOR has carefully studied (1) all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or accepts consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site that may affect the cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and Section 00520 -4 1154.005/1 -2009 procedures of construction expressly required by the Contract Documents and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 9. CONTRACT DOCUMENTS The Contract Documents consist of the following: 9.01 Contents 1. This Agreement (pages 00520 -1 through 00520 -10, inclusive); 2. Performance bond (pages to 00600 -1 through 00600 -3, inclusive); 3. Payment bond (pages 00600 -4 through 00600 -6, inclusive); 4. Other bonds a. N/A (pages N/A to N/A b. N/A (pages N/A to N/A c. N/A (pages N/A to N/A Section 00520 -5 1154.005/1 -2009 , inclusive); , inclusive); , inclusive); 5. General Conditions (pages 00700 -1 through 00700 -41, inclusive); 6. Supplementary Conditions (pages 00800 -1 through 00800 -14, inclusive); 7. Specifications as listed in the table of contents of the Project Manual; 8. Drawings— Sheets No. G0.1, G0.2, AND CE1.1 inclusive incorporated herein by reference with each sheet bearing the following general title: CATFISH LIFT STATION STANDBY GENERATOR ADDITION, CONTRACT 1 -2009, CITY OF DUBUQUE, IOWA as well as drawings listed in the table of contents that are bound at the back of these specifications. 9. Addenda (N /A ). 10. Exhibits to this Agreement (enumerated as follows:) a. Notice to Proceed (pages 00550 -1, inclusive); b. CONTRACTOR's Bid (pages 00400 -1 to 00400 -7); c. Supplemental Unit Prices are included as part of the Agreement except as noted: (N /A ); d. Documentation submitted by CONTRACTOR prior to Notice of Award (N /A ); e. (N /A ); 11. The following may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Work Change Directives; b. 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. Section 00520 -6 1154.005/1 -2009 Article 10. MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies 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 partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of 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. Section 00520 -7 1154.005/1 -2009 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER CITY OF DUBUQUE, IOWA ATTEST: By: By: Address for Giving Notices: Name: Street: City, State, Zip Code: Phone: Facsimile: E -mail: Designated Representative: Signature and Title Signature and Title Signature and Title Section 00520 -8 1154.005/1 -2009 (Seal) CONTRACTOR A & G ELECTRIC ATTEST: By: By: Address for Giving Notices: Name: Street: City, State, Zip Code: Phone: Facsimile: E -mail: Designated Representative: License No.: (Seal) Signature and Title Signature and Title Signature and Title ■ EL -'ALL -- (Where applicable) (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Section 00520 -9 1154.005/1 -2009 Approved as to OWNER's At orney Countersigned: Provision ha been made to pay the liability that will accrue under this Agreement: (0/0 (P/ OWN R's Comptrl6jr or Treasurer Date INSTRUCTIONS FOR EXECUTING CONTRACT The full name and business address of CONTRACTOR should be inserted and the Agreement should be signed with CONTRACTOR's official signature. Please have the name of the signing party printed under all signatures to the Agreement. If CONTRACTOR is operating as a partnership, each partner should sign the Agreement. If the Agreement is not signed by each partner, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers') authority to sign such Agreement for and on behalf of the partnership. If CONTRACTOR is an individual, the trade name (if CONTRACTOR is operating under a trade name) should be indicated in the Agreement and the Agreement should be signed by such individual. If signed by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power of attorney evidencing the signer's authority to execute such Agreement for and on behalf of CONTRACTOR. If CONTRACTOR is a corporation, the Secretary of the corporation should sign the certificate below. If the Agreement itself is signed by the Secretary of the corporation, the certificate below should be executed by some other officer of the corporation, under the corporate seal. In lieu of the following certificate, there may be attached to the Agreement copies of so much of the records of the corporation which will show the official character and authority of the officers signing, duly certified by the Secretary or Assistant Secretary under the corporate seal to be true copies. I, S \ -\-fe , certify that I am the R C mss c\.skra (Print Name) \ (Title of Officer Signing Certificate) of the corporation named as CONTRACTOR herein above; that - cT■ea -���� (Print Name of Offic r Signing Agreement) who signed the foregoing Agreement on behalf of CONTRACTOR was then c,_c■ of said corporation; that said Agreement was duly signed (Title of Officer Signing Agreement) for and on behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. END OF SECTION Section 00520 -10 1154.005/1 -2009 /Zr to Date TO: A & G ELECTRIC (CONTRACTOR) ADDRESS: 490 EAST 14TH STREET DUBUQUE, IA 52001 PROJECT: CATFISH LIFT STATION STANDBY GENERATOR ADDITION OWNER'S CONTRACT NO. 1 -2009 CONTRACT FOR CITY OF DUBUQUE, IOWA SECTION 00550 NOTICE TO PROCEED (Insert name of Contract as it appears in the Bidding Documents) Dated /i///co) CATFISH LIFT STATION STANDBY GENERATOR ADDITION You are notified that the Contract Time under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. Before you may start any work at the site, Paragraph 2.01.B. of the General Conditions provides that you and OWNER must each deliver to the other (with copies to ENGINEER and other identified additional insureds) certificates of insurance, copies of endorsements, and other evidence of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any work at the site, you must (Add Other Requirements) By: CITY OF DUBUQUE, IOWA (OWNER) /\e— C'.�'/ O DJi I/ P (Title) ') END OF SECTION Section 00550 -1 1154.005/1 -2009 C 6Ast r iAM - ' orized Signature) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): A & G Electric 490 E 14th St Dubuque IA 52001 OWNER (Name and Address): City of Dubuque 50 W. 13th St'= Dubuque IA 52001 CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): CONTRACTOR AS PRINCIPAL By: A & G Electric Contractor's Name Sig ' ature Rick Ackley Print Name President SECTION 00600 PERFORMANCE BOND September 7, $92,100.00 SURETY (Name, and Address United Fire & P 0 Box 73909 Cedar Rapids, 2010 Catfish Lift Station Standby BOND Bond Number: 54- 183336 Date (Not earlier than Effective Date of Agreement): September 7, 2010 Amount: $92,100.00 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. (Seal) Seal SURETY By: Section 00600 -1 1154.005/1 -2009 United Fire & Surety. Attest: IA 5240/ g . ture (Attach Power of Attorney) John E. Goodmann Print Name Title Attorney -in -Fact Si'arl of Principal Place of Business): Casualty Company Generator Addition alty Company Witness Title Note: Provide execution by additional parties, such as joint venturers, if necessary. �i! Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: Section 00600 -2 1154.005/1 -2009 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or d no e of Contra toe. Contract, actual damages caused by delayed p erformance or non 6. Surety shall not be liable to Owner Contract Price shall obligations obereduced off on account unrelated to the Contract, and the Balance of the 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 that this shall be construed statutory statutory shall be deemed incorporated herein. The intent and not as a common law bond. 11 Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Goodmann Insurance Services, PO Box 1088, Dubuque, IA 52004 -108 Owner's Re • resentative En • ineer or other • art : 56 Section 00600 -3 1154,005/1 -200 8 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): A & G Electric 490 E 14th Street Dubuque, IA 52001 OWNER (Name and Address): City of Dubuque 30 W. 13th Street Dubuque, IA 52001 CONTRACT Effective Date of Agreement: September 7, 2010 Amount: $92,100.00 Description (Name and Location): Catfish Lift Station Standby Generator Addition BOND Bond Number: 54- 183336 Date (Not earlier than Effective Date of Agreement): September 7, 2010 Amount: $92,100.00 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 By: A & G Electric (Seal) Contractor's Nye and Corporate Seal Sifnatur& Rick Ackley Print Name Title President SECTION 00600 PAYMENT BOND SURETY (Name, and Address of Principal Place of Business): United Fire & Casualty P 0 Box 73909 Cedar Rapids, IA 52407 By: Section 00600 -4 1154.00511 -2009 United Fire Com.an Surety's N Print Name Attorney -in -Fact Title I. t tach Power of Attorney John E Goodmann Note: Provide execution by additional parties, such as joint venturers, if necessary. Witness Title 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. Reserved. 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. 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. Section 00600 -5 1154,005/1 -2009 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: Goodmann Insurance Services, PO Box 1088, Dubuque, IA 52004 -108d Owner's Representative (Engineer or other): 563- 556 -3232 Section 00600 -6 1154.005/1 -2009 UNITED FIRE,& CASUALTY COMPANY HOME OF 7 :CEDAR.RAPIDS; -.IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company- See Certification): KNOW ALL MEN : THE5E PRESENTS That the UNITED FIRE & :CASUALTY COMPANY a corporation duly organized and existing under.the laws of the; State of Iowa; and having its principal office iri Cedar Rapids, State of Iowa, does. make, constitute and appoint JOHN`E. GOODMAN INDIVIDUALLY of DUBUQUE IA its true an d lawful :Attorney(s) in =Fact with power and - _authority hereby - conferred to. sign, seal arid execute. in its be a ll l • bonds undertakings and „other obligatory instruments of similar` nature as follows ; :`500, 000 00 ' and to bind UNITED FIRR & CASUALTY COMPANY thereby as fully and to the sarrie extent as if such' instruments were signed by the duly authorized officers of UNITED FIRE_ & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are. hereby,ratified and confirmed i .. - The :Authority hereby granted is ioritinuou and shall rermain m full force and effect until revoked by,.UNITED FIR CASUALTY COMPANY `: This power of Attorney is made,arid executed pur to and b y authority of the following By =Law duly adapted by.;8oard of D 175 tractors o f th C e ompan.y on A ptit , $ 19 "Article V »Surety Bonds •and Undertakings” Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Company may, : 'from .time to time :'appoint by written certificates attorneys -in -fact to act in behalf of the in the,, execution of policies of insurance, bonds undertakings and other obligatory instruments of like nature. The signature: of any officer authorized herebyand the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of: either. authorized hereby; such signature and seal, when so used being adopted b the Company as. the: ;original'signature_ of such officer and the original seal of the Company, to be valid and binding upon: the Company with. the: - same ':force and: effect''as though manually affixed. Such attorneys -in fact, subject to : :the :limitations set forth' . respective certifi of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach seal of the Company thereto. The President or any Vice President, .the Board of Directors or any other officer of the C ompany may at any time revoke all power and authority previously given to'any attorney in -fact. ;1 111! „ l.N WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has - caused these presents to be signed by president and its corporate seal to be hereto affixed this 15th day of January 2008 • 4.9 - CORPORATE • —•— _ UNITED FIRE & CASUALTY COMPANY - C , C SEAL 4 71 % 48' State of Iowa, County Oh 15th .of' Janiaryi : 2008, before me personally came Dennis J. Richmann to'rne: known who being by me' duly sworn, did depose and say; that he resides in Cedar Rapids;; State of Iowa that he is a;Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that lie knows the seal of said corporation; that...the seal : affixed to the said instrument ,is such corporate seal; that it was so affixed pursuant to auff ortty given by the Board of Directors... of said corporation and that'he signed his'.name whereto pursuant to like authority, and acknowledges_ same to beithe act and deedof. corporation: Mary A: Iowa Noiariai,Seei Comi"_nission nunmer ::'713273.;, •.:. My Commission Expires 10126,10 tfie undersigned officer of the UNITED: FIRE &'CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the :copy of the Section of the by laws:: of, said Company as. forth. in said Power of . ;Attorney, with the'ORIGINAL ON FILE iN..TH HOME OFFICE OF: SAID. and that: the ;same :are._correct trans thereof; ,and: the whole';of the`said originals': and` tha the sai i Pow of Attorney. h not been revoked :and is new.ln full force and • • effect Bpb A9oi90.7. 06 By ` G,st`itr, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company this, a ;” day of Sept erp Pr. 2p ' ° - CORPORATE , - . . • 11 SEAL} 11 111111U Notary Public Secretary This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. ACEC ASIIMIr'A!: (:OVw71. 41 tN(.INFtLLIVr: Coss •ANIrS STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of Professional Engineers Professional Engineers In Private Practice ASCE PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America and Knowledge for Creating and Sustaitai ning the Built Environment Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -1 American Society of Civil Engineers Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2 - PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times; Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 9 2.07 Initial Acceptance of Schedules 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 10 3.01 Intent 10 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 3.06 Electronic Data 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 13 ARTICLE 5 - BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 Contractor's Liability Insurance 15 5.05 Owner's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 17 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 6.02 Labor; Working Hours 18 6.03 Services, Materials, and Equipment 18 6.04 Progress Schedule 18 6.05 Substitutes and "Or- Equals" 19 6.06 Concerning Subcontractors, Suppliers, and Others 20 6.07 Patent Fees and Royalties 21 6.08 Permits 21 6.09 Laws and Regulations 21 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 6.13 Safety and Protection 22 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 3 Page 6.16 Emergencies 23 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 24 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 25 ARTICLE 7 - OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 26 7.03 Legal Relationships 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements; Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 28 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 28 10.01 Authorized Changes in the Work 28 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders 29 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 30 11.01 Cost of the Work 30 11.02 Allowances 31 11.03 Unit Price Work 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 33 12.03 Delays 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 33 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 34 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 35 13.09 Owner May Correct Defective Work 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 36 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 37 14.04 Substantial Completion 37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 14.05 Partial Utilization 38 14.06 Final Inspection 38 14.07 Final Payment 38 14.08 Final Completion Delayed 39 14.09 Waiver of Claims 39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 39 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate 40 ARTICLE 16 - DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 ARTICLE 17 - MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 41 17.04 Survival of Obligations 41 17.05 Controlling Law 41 17.06 Headings 41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 1.01 Defined Terms GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 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. 12. Contract Documents -- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price - -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times- -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor- -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work - -See Paragraph 11.01.A for definition. 17. Drawings - -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement - -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer- -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 6 20. Field Order - -A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition - -The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste - -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award- -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed- -A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner- -The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls. 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule - -A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project- -The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual- -The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material -- Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative- -The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values - -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings- -All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site - -Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications- -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder- -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions- -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, distributor, materiahnan, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities - -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. 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 51. Work - -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times 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 following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or 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). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," " instalI," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents 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 com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules.' Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During 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 any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and Regulations B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion 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 3. Engineer's written interpretation clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's 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; or SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet 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, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 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 Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -13 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 re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other 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 sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order . B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -17 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.O1.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. 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: 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, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: b) be similar in substance to that a. in the exercise of reasonable judgment specified, and Engineer determines that: c) be suited to the same use as that 1) it is at least equal in materials of specified; construction, quality, durability, appearance, strength, and design characteristics; 2) will state: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -19 a) perform adequately the functions and achieve the results called for by the general design, a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the 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 Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1 shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 22 ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings 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: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work 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 Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK. AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.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 actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 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 believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. 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. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 28 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.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.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 notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29 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.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 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 mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B. 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. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease m Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 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. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d, to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15. 02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until fmal payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The fmal Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of fmal 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 adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 1 complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.8 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or 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. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any 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. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 j SECTION 00800 SUPPLEMENTARY CONDITIONS A. These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. B. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below which are applicable to both the singular and plural thereof. C. Table of Contents SC- 1.01.A Defined Terms SC- 1.01.A.8 Bidding Requirements SC- 1.01.A.17 Drawings SC- 1.01.A.52 Work Change Directive SC -2.01 Delivery of Bonds and Evidence of Insurance SC -2.03 Commencement of Contract Times; Notice to Proceed SC -2.05 Before Starting Construction SC -2.07 Initial Acceptance of Schedules SC- 3.03.A Reporting SC -4.02 Subsurface and Physical Conditions SC -4.04 Underground Facilities SC -4.05 Reference Points SC- 4.06.A Hazardous Environmental Conditions SC -5.01 Performance and Payment Bonds SC- 5.02.A Insurers SC -5.03 Certificates of Insurance SC -5.04 CONTRACTOR's Liability Insurance SC- 5.04.B Additional Insureds Coverage SC -5.06 Property Insurance SC- 5.06.A.1 Additional Insureds SC- 5.06.A.4 Installation Floater Insurance SC- 5.06.A.6 Testing and Startup SC- 5.06.8 Boiler and Machinery and Additional Property Insurance SC- 5.06.D Deductible Provisions SC- 5.06.E Special Insurance SC -6.02 and 6.03 Working Hours, Limitations, Scheduling, Etc. SC- 6.03.8 Materials and Equipment Warranty SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.08 Permits SC -6.10 Taxes SC -6.12 Record Documents SC -6.14 Competent Person SC -6.17 Shop Drawings SC -6.20 Indemnification SC -9.03 Resident Project Representative SC -12.01 Change of Contract Price SC- 13.03.A Tests and Inspections SC- 14.02.A Applications for Progress Payment SC- 14.02.0 Payment Becomes Due SC -16.01 Methods and Procedures SC -16.02 Arbitration Section 00800 -1 1154.005/1 -2009 SC- 1.01.A Defined Terms Insert in the first sentence after the phrase "printed with initial capital letters" the following phrase: or with all capital letters" SC- 1.01.A.8 Bidding Requirements Delete Paragraph 1.01.A.8. of the General Conditions in its entirety and insert the following in its place: 8. Bidding Requirements —The Notice to Bidders, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. SC- 1.01.A.17 Drawings The following Drawings are part of the Contract Documents: Drawings titled "Catfish Lift Station Standby Generator Addition, Contract 1 -2009, City of Dubuque, Iowa," Sheets G0.1, G0.2, and CE1.1, prepared by Strand Associates, Inc. SC- 1.01.A.52 Work Change Directive Amend the phrase "and signed by OWNER" in the first sentence of Paragraph 1.01.A.52. of the General Conditions to read as follows: "and signed by OWNER and CONTRACTOR." SC -2.01 Delivery of Bonds and Evidence of Insurance Delete Paragraph 2.01.A of the General Conditions in its entirety and insert the following in its place: A. When CONTRACTOR delivers the executed counterparts of the Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such bonds, insurance certificates, insurance endorsements, and other documents as CONTRACTOR may be required to furnish. Delete Paragraph 2.01.B of the General Conditions in its entirety and insert the following in its place: B. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, OWNER- approved copies of certificates of insurance, copies of endorsements, and other evidence of insurance which either of them or any additional insured may reasonably request, which CONTRACTOR is required to purchase and maintain in accordance with Paragraphs 5.04 and 5.06. OWNER shall deliver to CONTRACTOR with copies to each additional insured identified in the Supplementary Conditions certificates of insurance, copies of endorsements, and other evidence of insurance which either of them or any additional insured may reasonably request, which OWNER is required to purchase and maintain in accordance with Paragraph 5.06. SC -2.03 Commencement of Contract Times: Notice to Proceed In the last sentence of Paragraph 2.03 of the General Conditions, change "sixtieth day" to "ninety -fifth day." Section 00800 -2 1154.005/1 -2009 SC -2.05 Before Starting Construction Add the following subparagraph to Paragraph 2.05.A of the General Conditions: 4. a proposed listing of subcontractors and major material and equipment suppliers. The list shall include any proposed substitutions in accordance with Paragraph 6.05 of the General Conditions. SC -2.07 Initial Acceptance of Schedules Add the following language to the end of Paragraph 2.07.A.2: The schedule for shop drawings shall show all submittals complete before 25% of completion of the Work and the schedule for maintenance manuals shall show all submittals complete before 50% of completion of the Work. SC- 3.03.A Reporting Add the following language at the end of Paragraph 3.03.A. of the General Conditions: 4. If CONTRACTOR proceeds with work that CONTRACTOR had actual knowledge or should have known that a conflict, error, ambiguity, or discrepancy existed as indicated above, correction of work constructed without such notification to ENGINEER shall be at CONTRACTOR's expense, (except in an emergency as authorized by Paragraph 6.16.A.). SC -4.02 Subsurface and Physical Conditions Add the following new paragraph(s) immediately after Paragraph 4.02.B: C. Explorations and tests of subsurface conditions at the Site were not conducted and reports and drawings of surface and subsurface structures were not utilized in the preparation of the Drawings and Specifications. CONTRACTOR shall conduct its own personal investigation to determine physical conditions at the Site which may affect the Work, including compliance with OSHA excavation and trenching requirements. SC -4.04 Underground Facilities CONTRACTOR is referred to the General Requirements for requirements for keeping records of Underground Facilities and allowing facility owners to inspect. SC -4.05 Reference Points CONTRACTOR is referred to the General Requirements for additional requirements for laying out the work. SC- 4.06.A 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 are known to OWNER or ENGINEER. B. Not Used. Section 00800 -3 1154.005/1 -2009 SC -5.01 Performance and Payment Bonds The forms of the performance and payment Bonds attached hereto shall be used for the Contract. Note instructions thereon as to the form applicable. Each form contemplates one corporate surety only. In case co- sureties or individual sureties will be furnished, proper forms therefore shall be obtained. Besides the stipulations of Paragraphs 5.01 through 5.03 of the General Conditions, the surety on the Bonds shall provide a certificate indicating surety is licensed to underwrite contracts in the jurisdiction of the project location which shall be attached to the Bonds. Every Bond must run to OWNER. If the principal is an individual, his /her full name and residence shall be inserted in the body thereof, and he /she shall sign the Bonds with his /her usual signature on the line opposite the scroll seal. If the principals are partners, their individual names shall appear in the body of the Bonds, with the recital that they are partners comprising a firm, naming it, and all the members of the firm shall execute the Bonds as individuals. The signature of a witness shall appear in the appropriate places, attesting the signatures of each individual party to the Bonds. If the principal is a corporation, the name of the state in which incorporated shall be inserted in the appropriate place in the body of the Bonds, and said instrument shall be executed and attested under the corporate seal as indicated on the form. If the corporation has no seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. This also applies to execution by surety. The date of the Bonds must not be prior to the date of the Contract for which given. A power of attorney, authorizing the execution of the Bonds by an attorney -in -fact, or agent, shall be attached to one executed counterpart of the Bonds. SC- 5.02.A Insurers Insurance is to be placed with insurance companies with a Best's rating of no less than A. SC -5.03 Certificates of Insurance Add the following new paragraphs immediately after Paragraph 5.03.B: C. Failure of OWNER or ENGINEER to demand such certificates or other evidence of full compliance with these insurance requirements or failure of OWNER or ENGINEER to identify a deficiency from evidence provided shall not be construed as a waiver of CONTRACTOR's obligation to maintain such insurance. D. By requiring such insurance and insurance limits herein, OWNER does not represent that coverage and limits will necessarily be adequate to protect CONTRACTOR, and such coverage and limits shall not be deemed as a limitation on CONTRACTOR's liability under the indemnities granted to OWNER in the Contract Documents. SC -5.04 CONTRACTOR's Liability Insurance Add the following new paragraphs 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. The types of insurance and the limits of liability indicated are the minimum Section 00800 -4 1154.005/1 -2009 required. Neither OWNER or ENGINEER warrant the adequacy of the types of insurance or the limits of liability required. Any policy exclusions shall be indicated on the insurance certificate. Insurance shall be provided on an occurrence form basis. CONTRACTOR shall provide verification of all coverages with or on the insurance certificate. 1. Workers' 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: Bodily Injury by Accident: Each Accident $ 100,000 Bodily Injury by Disease: Each Employee Policy Limit 2. CONTRACTOR's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions which shall be written on a commercial general liability form and 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. Policy Limits: 1) Each Occurrence Limit $ 1,000,000 (Bodily Injury and Property Damage) 2) Medical Expense Limit $ 5,000 (Any One Person) 3) Personal and Advertising Injury Limit $ 1,000,000 (Per Person /Organization) 4) General Aggregate Limit $ 2,000,000 (other than P -CO) 5) Products — Completed Operations $ 1,000,000 Aggregate Limit 6) Fire Damage Limits $ 50,000 (Any One Occurrence) b. Policy shall include as a minimum the following coverages: 1) Broad Form Property Damage Coverage. 2) An elimination of the exclusions with respect to property under the care, custody, or control of CONTRACTOR. In lieu of elimination of the Section 00800 -5 1154.005/1 -2009 $ 100,000 $ 500,000 4. Umbrella Coverage: exclusion, CONTRACTOR may provide Builder's Risk or Installation Floater coverage for property under the care, custody, or control of CONTRACTOR. 3) Explosion, Collapse, and Underground coverages where applicable under Property Damage Liability Insurance. 4) Contractual Liability Coverage. 5) Independent Contractor Coverage. 6) General Aggregate Limits specified above shall apply separately to this project by attachment of: "Amendment of Limits of Insurance — Designated Projects or Premises" Endorsement (ISO Form No. CG 25010798) or "Designated Construction Project(s) General Aggregate Limit" Endorsement (ISO Form CG 25030397) or equivalent endorsement coverage. 3. Commercial Automobile Liability under Paragraph 5.04.A.6. of the General Conditions: a. Combined Single Limit $ 3,000,000 (Bodily Injury and Property Damage) b. Policy shall include contractual liability coverage and coverage on all owned, non -owned and hired vehicles. a. Umbrella policy (pay on behalf form) with limits of $3,000,000 for bodily injury, personal injury and property damage on a combined basis shall be provided with the stated underlying limits of Paragraphs 5.04.C.1, 5.04.C.2, and 5.04.C.3. b. Policy shall include OWNER, ENGINEER, and any others required by Paragraph 5.04.B.1. of the General Conditions as additional insureds. c. The stated limits of Paragraphs 5.04.C.1, 5.04.C.2, and 5.04.C.3 can be obtained through individual policies or in conjunction with an umbrella policy (pay on behalf form) to arrive at the total limits requested. D. Regardless whether or not an Owners' and Contractors' Protective (OCP) policy or Project Management Protective Liability (PMPL) policy is furnished, insurance certificates for commercial general, automobile, umbrella, and builders risk shall specifically indicate by name the additional insureds which are to include OWNER and ENGINEER as well as other persons or entities so identified. Certificates shall be Acord 25 -S or equivalent. E. Additional Insured Endorsements /OCP policy /PMPL policy 1. CONTRACTOR shall purchase and maintain liability insurance, as described above, specifically naming as additional insureds OWNER and ENGINEER as well as other individuals or entities so identified (see the Supplementary Conditions), using Additional Insurance Endorsement Form CG 20 10 07 04, or equivalent form. General liability policies shall also be endorsed with Form CG 20 37 07 04 to include the "products- completed operations hazard." Section 00800 -6 1154.005/1 -2009 2. As an alternative to providing Form CG 20 10 07 04, CONTRACTOR may furnish to OWNER an OCP policy or a PMPL policy with OWNER as the named insured and ENGINEER as either an additional insured or a named insured. OCP policy or PMPL policy shall provide for bodily injury and property damage coverage equal to the sum of: the general aggregate limit for commercial general liability plus the amount specified for the umbrella coverage. OCP policy or PMPL policy shall provide coverage arising out of: i. operations performed by CONTRACTOR at the project location. ii. acts or omissions in connection with the general supervision, inspection and /or coordination of such operations. if an OCP or PMPL policy is provided, CONTRACTOR shall provide originals of the Final OCP or PMPL to all insured and additional insured parties. F. Endorsements, OCP policy, PMPL policy, or General Liability policy shall not exclude supervisory or inspection services. CONTRACTOR shall also provide an Additional Insured Endorsement for the automobile policy. G. The specimen Insurance Certificate bound at the end of this section has been prepared as a guide to assist CONTRACTOR and CONTRACTOR's Insurance Agent when preparing the insurance submittal. This specimen certificate is included as a representation of what acceptable documents will look like. Specific project information must be included when preparing the actual document. H. CONTRACTOR is also required to fulfill all requirements in Insurance Schedule B attached at the end of these Supplementary Conditions. Schedule B supersedes Section 5104 if there is a conflict between the two. SC-5.04.B Additional Insureds Coverage 5.04.B.1 Additional lnsureds Delete from the first sentence of Paragraph 5.04.B.1 of the General Conditions, the phrase "(subject to any customary exclusion regarding professional liability)." 5.04.B.3 and 5.04.B.7 Products and Completed Operations Insurance Amend in Paragraphs 5.04.6.3 of the General Conditions the phrase "completed operations insurance" to read "products and completed operations insurance." 5.04.B.5 Insurance Policies Delete the phrase "materially changed" and insert the following in its place: "materially changed with respect to coverage on the Project." SC -5.06 Property Insurance Add the following sentence after the first sentence of Paragraph 5.06 of the General Conditions: Insurance shall be completed value form. Section 00800 -7 1154.005/1 -2009 SC- 5.06.A.1 Additional Insureds Add the following at the end of Paragraph 5.06.A.1 of the General Conditions: (Insurance certificates shall specifically indicate by name the additional insureds which are to include CONTRACTOR and ENGINEER as well as other individuals or entities so identified.) SC- 5.06.A.2 Property Insurance Delete from the first sentence of Paragraph 5.06.A.2 of the General Conditions, the phrase "(other than caused by flood)" and insert the following in its place: "(including that caused by flood and hydrostatic pressure)" SC- 5.06.A.4 Installation Floater Insurance Delete the requirements of Paragraph 5.06.A.4 of the General Conditions and insert the following paragraph as Paragraph 5.06.A.8 of the General Conditions: 8. CONTRACTOR shall purchase Installation Floater Insurance of the all risk" type in the amount of the total value of the materials and equipment supplied under the Contract, which will include the interests of OWNER, CONTRACTOR, subcontractors, ENGINEER, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. Insurance certificate shall specifically indicate by name the additional insureds which are to include OWNER, subcontractors, and ENGINEER as well as other individuals or entities so identified. The materials and equipment shall be insured from the time CONTRACTOR takes possession of them until they are installed and tested by CONTRACTOR and the Project is accepted as complete by OWNER. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph shall comply with the requirements of Paragraph 5.06.C. SC- 5.06.A.6 Testing and Startup Delete the requirements of Paragraph 5.06.A.6 of the General Conditions in its entirety. SC- 5.06.B Boiler and Machinery and Additional Property Insurance Delete Paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: B. OWNER shall purchase and maintain boiler and machinery insurance or additional property insurance which will include the interests of OWNER, CONTRACTOR, subcontractors, ENGINEER, and other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. OWNER's insurance coverage will take effect after materials and equipment are installed and tested by CONTRACTOR and the project is accepted as complete by OWNER. CONTRACTOR shall purchase Builder's Risk, Installation Floater, or Boiler and Machinery Insurance or a combination thereof to protect CONTRACTOR's interest and interests of others as listed above in the materials and equipment until the Project is accepted as complete by OWNER. CONTRACTOR's coverage shall insure against at least the following perils: accidents, mechanical breakdown, electric arcing, and problems arising during testing because of defects. Section 00800 -8 1154.005/1 -2009 SC- 5.06.D Deductible Provisions OWNER's property insurance includes a $25,000 deductible for which CONTRACTOR shall be responsible. SC- 5.06.E Special Insurance Add the following to the beginning of Paragraph 5.06.E of the General Conditions: Prior to commencing work, CONTRACTOR shall obtain and review OWNER's insurance policies and advise OWNER of the adequacy of the policy to meet CONTRACTOR's requirements. Add the following to the end of Paragraph 5.06.E. of the General Conditions: If CONTRACTOR does not advise OWNER in writing of special insurance needs, CONTRACTOR relinquishes any claim against OWNER for any loss CONTRACTOR may incur during the course of completing the work. SC -6.02 and 6.03 Working Hours, Limitations, Scheduling, Etc. See the General Requirements for special requirements concerning working hours. SC- 6.03.B Materials and Equipment Warranty Add the following to the end of Paragraph 6.03.B of the General Conditions: Suppliers shall be deemed to impliedly warrant that their products and all component materials incorporated into them are suitable and fit for the intended use of such products and shall be free from defect in material, workmanship or design, such warranty to run to the benefit of OWNER and ENGINEER. The foregoing applies whether the products or their component materials are specified in the Contract Documents or are of Supplier's design. SC -6.06 Concerning Subcontractors, Suppliers and Others Add the following to Paragraph 6.06.A of the General Conditions: If OWNER or ENGINEER after due investigations has reasonable objections to any proposed Subcontractor, Supplier, or other individual or entity, either may request CONTRACTOR submit an acceptable substitute without an increase in Contract Price. Add the following new paragraph immediately after Paragraph 6.06.G of the General Conditions: H. OWNER or ENGINEER may furnish to any Subcontractor or Supplier to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor or Supplier. SC -6.08 Permits Delete last sentence of Paragraph 6.08.A and add the following in its place. See General Requirements and technical specification sections for utility charge provisions. Add Paragraph 6.08.B as follows: See General Requirements for additional permit information. Section 00800 -9 1154.005/1 -2009 SC -6.10 Taxes CONTRACTOR shall refer to Sales and Use Tax Exemption Certificate at the end of Division 0 for information regarding OWNER's tax exempt status. SC -6.12 Record Documents In Paragraph 6.12.A. delete last sentence and insert the following: Upon completion of the Work, these record documents, samples, and shop drawings shall be delivered by CONTRACTOR to OWNER. SC -6.14 Competent Person Add the following new paragraph at the end of Paragraph 6.14.A of the General Conditions: B. CONTRACTOR shall keep at the Site at all times during the progress of the Work a competent person to comply with OSHA trenching and excavation requirements. The competent person shall be one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions that are unsanitary, hazardous or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. SC -6.17 Shop Drawings Add the following new paragraphs immediately after Paragraph 6.17.E: F. CONTRACTOR shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. ENGINEER will record ENGINEER's time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and CONTRACTOR shall reimburse OWNER for ENGINEER's charges for such time. G. In the event that CONTRACTOR requests a substitution for a previously approved item, CONTRACTOR shall reimburse OWNER for ENGINEER's charges for such time unless the need for such substitution is beyond the control of CONTRACTOR. SC -6.20 Indemnification Add the following to the end of Paragraph 6.20.A of the General Conditions: In addition, CONTRACTOR shall indemnify, hold harmless, and pay for the defense of OWNER and ENGINEER from and against claims, losses, or damages in regard to any act or failure to act by OWNER or ENGINEER in connection with general supervision, inspection and /or coordination of CONTRACTOR's operations. CONTRACTOR shall, at its own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against any individual or entity indemnified hereunder in any such action, CONTRACTOR shall, at its own expense, satisfy and discharge same. CONTRACTOR expressly understands and agrees that any Letter of Credit or insurance protection required by the Contract, or otherwise provided by CONTRACTOR, shall in no way limit the responsibility to indemnify, keep and, save harmless, and defend any individual or entity indemnified hereunder as herein provided. Section 00800 -10 1154.005/1 -2009 Delete Paragraph 6.20.C.1 and 6.20.C.2. Insert new Paragraphs 6.20.C.1 and D: 1. the preparation of Drawings, Specifications, or Property Surveys. D. For any matter for which ENGINEER is indemnified under Paragraph •6.20.A, CONTRACTOR shall pay for ENGINEER's reasonable defense, 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 or awards until ENGINEER is found negligent. If ENGINEER is found negligent, ENGINEER shall reimburse CONTRACTOR for the prorata extent of ENGINEER's negligence for the cost of ENGINEER's reasonable defense. SC -9.03 Resident Project Representative The duties and responsibilities of the resident project representative include the following: 1. Review schedules as required in Paragraph 2.05.A of the General Conditions and amendment thereto. 2. Attend conferences and meetings with CONTRACTOR. 3. Serve as liaison between ENGINEER and CONTRACTOR and help ENGINEER serve as liaison between OWNER and CONTRACTOR. 4. Conduct on -site observation of the work. 5. Observe tests, equipment, and system startups. 6. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed. Consider, evaluate, and report to ENGINEER, CONTRACTOR's requests for modification. 7. Maintain orderly records, keep a daily log (when on a part -time basis, keep log for days visiting site), and furnish periodic reports to ENGINEER of the progress of the Work. 8. Before project completion, prepare final list of items to be completed or corrected and make recommendations to ENGINEER concerning acceptance of the Work. The resident project representatives shall not: 1. Authorize any deviation from the Contract Documents or substitutions of materials or equipment. 2. Exceed limitations of ENGINEER's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of CONTRACTOR, Subcontractor, 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 construction. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the Work. 6. Accept shop drawing or sample submittals from anyone other than CONTRACTOR. Section 00800 -11 • 1154.005/1 -2009 7. Authorize OWNER to occupy the Project in whole or in part. 8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. SC -12.01 Change of Contract Price Clarification of Paragraph B.2: The overhead and profit allowance for lump sum work shall be in accordance with Paragraph 12.01.C.2 unless OWNER and CONTRACTOR agree that these allowances are not appropriate for the Work involved. Delete Paragraph C.2.e and insert the following: 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; and SC- 13.03.A Tests and Inspections Add the following to the beginning of Paragraph 13.03.A of the General Conditions: All Work is subject to testing to indicate compliance with Contract Document requirements. Duplicate copies of test results of all tests required shall be submitted to ENGINEER. Testing laboratories are subject to the approval of ENGINEER. Tests and inspection of work may be conducted by OWNER or an independent laboratory employed by OWNER. Tests may also be performed in the field by ENGINEER as a basis for acceptance of the Work. Add the following to the end of Paragraph 13.03.A. of the General Conditions: Samples required for testing shall be furnished by CONTRACTOR at no cost to OWNER. In the event that completed Work does not conform to specification requirements during the initial test, the Work shall be corrected and retested for conformance. The entire cost of retesting completed Work shall be borne by CONTRACTOR. This shall include the extra cost for inspection to OWNER which will be deducted from the final amount due CONTRACTOR. SC- 14.02.A Applications for Progress Payment Add the following paragraph after Paragraph 14.02.A.3 of the General Conditions: 4. CONTRACTOR shall submit with each pay request CONTRACTOR's partial waiver of lien for the full amount of the requested - payment. Beginning with the second pay request, and with each succeeding pay request, CONTRACTOR shall submit partial waivers of lien for each Subcontractor and Supplier showing that the amount paid to date to each is at least equivalent to the total value of Subcontractor's or Supplier's work, less retainage, included on the previous pay request. CONTRACTOR shall submit with each pay request a signed Waiver of Lien Log clearly documenting the following: a. The names of all Subcontractors /Suppliers on the project. b. Contract amounts for each Subcontractor /Supplier. c. Amount paid to date to each Subcontractor /Supplier. Section 00800 -12 1154.005/1 -2009 d. Lien waivers provided with current pay application for previous month's payments. e. Amount to be paid to each Subcontractor /Supplier included in the pending pay request. f. Remaining balance for each Subcontractor /Supplier. 5. CONTRACTOR shall submit one original and one copy on 8 -1/2 by 11 paper of each lien waiver submitted. 6. CONTRACTOR shall submit four copies of each pay request for approval. 7. No advanced payment for shop drawing preparation will be made. Shop drawing costs will be paid when equipment and materials are delivered and suitably stored on the site. 8. All stored equipment and materials for which payment is requested shall have two copies of invoices included with the pay request. Equipment shall be identified thoroughly on the invoices, including serial numbers. 9. Payment for the stored equipment and material which are on the site shall not exceed the invoiced amount for each item, Tess the Contract retainage. The overhead and profit for the stored items shall not be invoiced until the item is installed. 10. Payment for off -site storage is normally reserved for sensitive or very large pieces of equipment that in ENGINEER's opinion would not be practical to have stored on the site. Payment for off -site stored items shall be limited to 75% of the invoiced value of the item, less Contract retainage. CONTRACTOR. shall reimburse OWNER the cost of inspecting off -site stored items. When off -site storage is approved, CONTRACTOR shall provide Insurance Certificates and Document of Ownership to OWNER. SC -16.01 Methods and Procedures Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the Claim is not resolved by mediation, ENGINEER's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.0.3 or 10.05.D shall become final and bidding 30 days after termination of the mediation unless, within that period, OWNER or CONTRACTOR: SC -16.02 Arbitration 1. elects in writing to demand arbitration of the Claim, pursuant to Paragraph SC- 16.02; or 2. agrees with the other party to submit the Claim to another dispute resolution process. Add the following new paragraph immediately after Paragraph 16.01: A. All Claims or counterclaims, disputes, or other matters in question between OWNER and CONTRACTOR arising out of or relating o the Contract Documents or the breach thereof (except for Claims which have been waived by the making or acceptance of final payments as provided by Paragraph 14.09) including but not limited to those not resolved under the provisions of Paragraphs SC- 16.01.A and 16.01.B will be decided by arbitration in accordance with the rules of the American Arbitration Association, subject to the conditions and limitations of this Paragraph SC- 16.02. This Section 00800 -13 1154.005/1 -2009 agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC- 16.01.C, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including ENGINEER, and ENGINEER's consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties, in writing, and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by OWNER and CONTRACTOR. END OF SECTION Section 00800 -14 1154.005/1 -2009 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TP ADD'L NSRC TYPES)F INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM /DD/YYI POLICY EXPIRATION DATE 1MM /DD/YYI LIMITS INSURED X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY INSURER B: EACH OCCURRENCE $ 1,000,000 PREM PREMISES (Ea ocourence) $ 50,000 INSURER E: CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 T° I I Loc I ^ PRODUCTS - COMP /OP AGG $ 1,000,000 FIRE DAMAGE $ 50,000 X AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS COMBINED SINGLE LIMIT (Ea acoldent) $ 3,000,000 BODILY INJURY (Per person) $ BC (P DILY INJURY I , hilik I HIRED TOS NON 'WN.DALTO r a PF (P OPERTY r a DAMAO dant) • RAGE L BIL ANY AUT• L AL TO NLY - EA ACCIDE 0' HER THAN 1 �- AL • • ' • AGG $ X EXCESS X /UMBRELLA LIABILITY 1 OCCUR 1 1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? If es, describe under SI�ECIAL PROVISIONS below X I WC STATU- I I OTH- RYLIMITS ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER Installation Floater and /or Builder's Risk See -5.0 S C See V �+ VV DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Catfish Lift Station Standby Generator Addition, Contract 1 -2009, City of Dubuque, Iowa The City of Dubuque and Strand Associates, Inc. are additional insured with respect to General Liability, Automobile Liability, Excess /Umbrella Liability, and Installation Floater and /or Builder's Risk policies. In addition, see attached Additional Insured Endorsements for the General Liability and Automobile policies. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIOD/YYY)/) PRODUCER Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED I Contractor INSURER A: Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES CERTIFICATE HOLDER CANCELLATION Strand Associates, Inc. 910 West Wingra Drive Madison, WI 53715 City of Dubuque 50 West 13th Street Dubuque, IA 52001 (Provide separate certificate to each party.) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 SPECIAL PROVISIONS a. $1,000.00 b. 5% of the contract price SPECIAL PROVISIONS An out -of -State contractor, before commencing a contract in excess of $5,000.00, shall, pursuant to Iowa Code 91C.7(2), file a bond with the Division of Labor Services of the Department of Employment Services. The Surety Bond shall be executed by a Surety Company authorized to do business in the State of Iowa, and the bond shall be continuous in nature until canceled by the Surety with not less than 30 days written notice to the contractor and to the Division of Labor Services of the Department of Employment Services indicating the Surety's desire to cancel the bond. The bond shall be in the sum of the greater of the following amounts: Release of the bond shall be conditioned upon the payment of all taxes, including contributions due under the unemployment compensation insurance .system, penalties, interest, and related fees, which may . accrue to the State of Iowa or its subdivision on account of the execution and performance of the contract. If any time during the term of the bond the Department of Revenue and Finance determines that the amount of the bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its subdivision, the Department will require the bond to be increased by an amount the Department deems sufficient to cover the tax liabilities accrued and to accrue under the contract, as provided under Iowa Code 91C:7(2). If it is determined that this subsection may cause denial of Fed eral Funds which would otherwise be available, or would otherwise be inconsistent with requirements of Federal law, this section shall be suspended, but only the extent necessary to prevent denial of the funds or to eliminate the inconsistency with Federal requirements. INSURANCE SCHEDULE B ' INSURANCE SCHEDULE B INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non - contributing • b) Commercial General Liability additional insured endorsement -See Exhibit I c) Governmental• Immunities Endorsement , shall upon request, provide Certificates of Insurance for all • subcontractors and sub -sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required of 4. Each certificate shall be submitted to the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage /limits or greater if required by law or other legal agreement; as per Exhibit I. This coverage shall be written on an occurrence, not claims made form. Form CG 25 03 03 97 "Designated Construction Project (s) General Aggregate Limit" shall be included. All deviations or exclusions from the standard ISO commercial general liability form CG 001 shall be clearly identified. Governmental Immunity endorsement identical or equivalent to form attached. 1 of 3 January 2008 INSURANCE SCHEDULE B (Continued) INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE Additional Insured Requirement -- See Exhibit I. The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability Policies for all classes of contractors. Class A, B, and C Contractors shall include coverage for The City of Dubuque as an additional insured including ongoing and completed operations coverage equivalent to:ISO CG 20 10 07 04 *and CG 20 37 07 04. ** *ISO CG 20 10 0704 "Additional Insured- Owners, Lessees or Contractors — Scheduled Person or Organization" * *ISO CG 20 37 0704 "Additional Insured — Owners, Lessees or Contractors — Completed Operations" Completion Checklist Class A Contractors, Class B Contractors and Class C Contractors ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Construction Project(s) General Aggregate Limit CG 25 03 03 97 (2 pages) ❑ Additional Insured CG 20 10 07 04 ❑ Additional Insured CG 20 37 07 04 ❑ Governmental Immunities Endorsement 2 of 3 January 2008 ' INSURANCE SCHEDULE B (Continued) EXHIBIT I - Contractors Insurance Requirements CLASS C: General Contractors, Contractors, Trade Contractors, Subcontractors, Sub Sub Contractors who perform the following work: Acoustical Carpet & Resilient Flooring Caulking & Sealants General Cleaning Grass Cutting Janitorial General Liability (Occurrence Form Only) Commercial General Liability General Aggregate Products - Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments Automobile $1,000,000 (Combined Single Limit) Non Vehicular Snow & Ice Removal Office Furnishings Power Washing Tile & Terrazzo Flooring Window Cleaning $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Additional Insured - The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers shall be named as additional insured, including ongoing operations CG 2010 07 04 or equivalent, and completed operations CG 2037 07 04 or equivalent. See Specimens Standard Workers Compensation -with a waiver of subrogation to The City of Dubuque Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee- Disease $ 100,000 Policy Limit - Disease $ 500,000 3 of 3 January 2008 - ACDRD�, CERTIFICATE OF LIABILITY INSURANCE TI3 MM/pb/YYYY) ( MWOD 12/7/2007 INFORMATION CERTIFICATE EXTEND OR BELOW. PRODUCER (563)123 ^4567 Insurance Agency Street Address City ST St FAX ( 987 -6593 Zip_Cade Zip_ Code THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE POLICIES • INSURERS AFFORDING COVERAGE INSURER A: Insurance Company NAIC # INSURED Company Street City INSURERS' INSURER C: • INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD•L TR [NM* A A A x TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE a OCCUR GARAGE LIABILITY ANY AUTO GEM. AGGREGATE LIMIT APPLIES PER — 1 POLICY I X) 1 ,11 1 67 I I LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNEO AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS EXCESSIUMBRELLA LIABILITY 71 OCCUR l__J CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBER EXCLUDED? 11 yes. describe under SPECIAL PROVISIONS belay OTHER POLICY NUMBER P I) P DATE(MMIDD/YY N ) 8 1 EACH OCCURRENCE LIMITS DAMAGE (Ea MED EXP (Anyone person) PERSONAL& ADV INJURY GENERAL AGGREGATE $ 1,000 1 50,000 $ 5,000 $ 1,000,000 $ 2,000,000 PRODUCTS • COMPIOP AGO COMBINED SINGLE LIMIT (Ea ucldenl) BODILY INJURY (Par person) BODILY INJURY (Per aoctdenl) PROPERTY DAMAGE (Per accident) AUTO ONLY • EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGO EACH OCCURRENCE AGGREGATE EL. DISEASE • EA EMPLOYEE E.L. DISEASE • POLICY LIMIT $ 1,000,000 $ 1, $ $ $ 1 S 1 1 a 1 X FL•1:Tltifl ■ E.L EACH ACCIDENT 1 $ s 100,000 $ 100,000 1 500,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Dubuque is an additional insured on general liability policies including ongoing & completed operations coverage equivalent to 18u eG 2v.L0 0704 & Cr; 2057 0704. Cc era! 7,iahL1.1.Ly 1:= _:.aa I:. r.��:...:.:, :. :.:: :: ;ontribu lag. 17L,.:. CO 2503 0397 "Designated Projects" general liability aggregate limit is included. Governmental immunities endorsement I is included. Waiver of subrogation in favor of City of Dubuque on workers compensation is included. 11 CERTIFICATE HOLDER ACORD 25 (2001/08) 1NS025(oloa).oe AMS CANCELLATION City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE 10 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATI BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE VMP Mortgage Solutions, Ira (800)327.0545 ® ACORD CORPORATION 1888 Page 1012 ACORD 26 (2001108) INS026 (0108) 06 AMS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on This certificate does not confer rights to the certificate holder in 'lieu of such endorsement(s). DISCLAIMER The Certificate of. Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies Listed thereon. SP c s Cla ss Page 2of2 CG25030397 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: (If no entry appears above, information required to complete as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: • 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed .operations hazard ", and for medi- cal expenses under COVERAGE C regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Decla- rations nor shall they reduce any other this endorsement will be shown in the Declarations Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above, 4, The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, Instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION. I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General 'Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig nated Construction Project General Aggre- gate Limit. CG 25 03 03 97 Page 1 of 2 CG 25 03 03 97 • C. When coverage for liability arising out of the "products- completed operations hazard" Is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. Copyright, Insurance Services Office, Inc., 1996 D, If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or If the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 CG 25 03 03 97 Name Of Additional insured Person(s) • Or Organization(s): The City of Dubuque, including all its elected and appointed officials, . all its employees and volunteers,.all its boards, commissions and /or . authorities and their board members, employees and volunteers. • Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. POLICY NUMBER: • COMMERCIAL GENERAL LIABILITY CG 2010 07.04 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section 11 -- Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of tnose acting uri your behalf; CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION In the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these . additional insureds, the following additional exclu- sions apply: This Insurance does not apply to "bodily injury" or "property dart occ,.;ring a c;: Page 1 of 2 Page 2 of 2 1. All work, Including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its In- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. Ail terms and conditions of this policy apply unless modified by this endorsement. ISO Properties, Inc„ 2004 CG 2010 07 04 Name Of Additional Insured Person(s) • Or Organizatlon(s): The City o f Dubuque, including all its elected and appointed officials, all its . employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. • Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown In the. Declarations. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37'07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section II — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily iniurv" or "property damage" caused, in -whole or in part, by "your work" at CG 20 37 07 04 the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products- completed opera- tions hazard" All terms and conditions of this policy apply unless modified by this endorsement. © ISO Properties, Inc., 2004 Page 1 of 1 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa -shall b, responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 January 2008 SALES AND USE TAX EXEMPTION CERTIFICATE CITY OF DUBUQUE, IOWA SALES AND USE TAX EXEMPTION CERTIFICATE The City of Dubuque, as a designated exempt entity awarding construction contracts on or after January 1, 2003, may issue special exemption certificates to contractors and subcontractors, allowing them to purchase, or withdraw from inventory, materials for the contract free from sales tax pursuant to Iowa Code Sections: 422.42 (15) & (16), and 422.47 (5). This special exemption certificate may also allow a manufacturer of building materials to consume materials in the performance of a construction contract without owing tax on the fabricated cost of those materials. If the Jurisdiction, at its option, decides to utilize this exemption option, it will so state by special provision and publication in the Notice of Hearing and Letting. 1. Upon award of contract, the Jurisdiction will register the contract, Contractor, and each subcontractor with the Iowa Department of Revenue and Finance; and distribute tax exemption certificates and authorization letters to the Contractor and each subcontractor duly approved by the Jurisdiction in accordance with Section 1030, 1.10, B. These documents allow the Contractor and subcontractors to purchase materials for the contract free from sales tax. The Contractor and subcontractors may make copies of the tax exemption certificate and provide a copy to each supplier providing construction material. These tax exemption certificates and authorization letters are applicable only for the work under the contract. 2. At the time the Contractor requests permission to sublet in accordance with said Section 1030, 1.10, B, the Contractor shall provide a listing to the Jurisdiction identifying all subcontractors, including the Federal Employer Identification Number (FEIN) for .the Contractor and all subcontractors, as well as the name, address, telephone number, and a representative of the organization which will perform the work, a description of the work to be sublet, and the associated cost. 3. The Contractor and each subcontractor shall comply with said Iowa Code Sales Tax requirements, shall keep records identifying the materials and supplies purchased and verify that the were used on the contract, and shall pay tax on any materials purchased tax -free and not used on the contract. SPECIFICATIONS SECTION 01010 SUMMARY OF WORK PART 1— GENERAL 1.01 DIVISION ONE A. The requirements of Division 1 apply to all sections of the Contract(s). 1.02 PROJECT SCOPE A. CONTRACTOR shall provide all items, articles, materials, operations or methods mentioned or scheduled on the Drawings or herein specified: including all labor, supervision, equipment, incidentals, taxes, and permits necessary to complete the Work as described within the Contract Documents. CONTRACTOR shall install all items provided by OWNER as mentioned or scheduled on the Drawings or herein specified. 1.03 CONTRACT DOCUMENTS — INTENT AND USE A. Intent of Documents: 1. Singular notations and specifications shall be considered plural where application is reasonably inferred. 2. Mention or indication of extent of work under any division or Specification section is done only for convenience of CONTRACTOR and shall not be construed as describing all work required under that division or section. 3. Some individual sections may contain a list of related sections. The list of related sections in individual sections is provided for the convenience of CONTRACTOR and is not necessarily all- inclusive. CONTRACTOR may not rely upon this listing for determination of scope of work. Other sections of the Specifications not referenced in individual sections shall apply as required for proper performance of the Work. 4. Command type sentences may be used in the Contract Documents. These sentences refer to and are directed to CONTRACTOR. 5. Symbols for various elements and systems are shown on the Drawings. Should there be any doubt regarding the meaning or intent of the symbols used, a written interpretation shall be obtained from ENGINEER. B. Use of Documents: 1. CONTRACTOR shall examine all Specifications and Drawings for the Work, including those that may pertain to Work CONTRACTOR does not normally perform with its own forces. 2. CONTRACTOR shall use all of the Project Drawings and Specifications: a. For a complete understanding of the Project. b. To determine the type of construction and systems required. c. For coordination with other contractors. d. To determine what other work may be involved in various parts or phases. e. To anticipate and notify others when work by others will be required. f. And all other relevant matters related to the project. 3. CONTRACTOR is also bound by all requirements of the Contract Documents which are applicable to, pertain to, or affect its Work as may be shown or inferred by the entire set of Project Drawings and Specifications. Section 01010 -1 1154.005/1 -2009 1.04 CONSTRUCTION REQUIREMENTS A. General Information and Requirements: 1. The Catfish Lift Station operates 24 hours per day 7 days a week. The maximum outage during dry weather flows is 3 hours between 8 A.M. and 8 P.M. and, 4 1/2 hours between 8 P.M. and 8 A.M. No outages will be permitted during wet weather flows. If CONTRACTOR anticipates that the station outage will exceed durations specified above, CONTRACTOR shall provide a temporary standby generator capable of powering the complete station while the electrical service entrance is modified. CONTRACTOR shall provide all temporary cabling as required. Wastewater pumping during construction shall be continuous and shall be equal to that achieved prior to the start of construction. 2. It shall be the responsibility of CONTRACTOR not to impair in any way the normal treatment or operating efficiency of the facilities, regardless of the work underway. CONTRACTOR shall provide all temporary piping, bypass pumping, and temporary construction required to complete the Work. 3. Operation of existing facilities will be the responsibility of OWNER. CONTRACTOR shall cooperate with OWNER's staff at all times. CONTRACTOR shall notify OWNER in writing a minimum of 72 hours prior to making any process or electrical connections to existing facilities or modification or demolition of existing facilities. At the time of notification, CONTRACTOR shall submit a schedule for completion of the Work, including a description of measures that will be taken to minimize the impact to existing facilities. 4. Access: CONTRACTOR shall maintain roadways open at all times to meet OWNER's requirements, including access for maintenance vehicles. CONTRACTOR shall be responsible for maintaining roadways in driveable condition, including placement of temporary stone and gravel and providing drainage as necessary. All city -owned roadways around the maintenance facility shall be cleaned of construction site materials, soil, and debris as necessary. 5. Outage Plan: CONTRACTOR shall submit for review, a detailed outage plan which includes time scheduled for work activities necessary to add the standby generator and modify the electrical service entrance. The plan shall be in writing and also in the form of a bar graph. The outage plan shall be coordinated with the work construction schedule and shall be updated monthly. The length of time the station is out of service shall be minimized. To that end, all new equipment, tools, and materials required for the Work shall be readily available when outage is implemented to minimize down time of unit processes. B. Construction Sequence: 1. The following construction sequence is provided as a general guideline for the information and for the benefit of CONTRACTOR. This construction sequence is not intended to dictate means, method of construction, or direct construction activities. This construction sequence is a conceptual general construction sequence with minimum recommended outages and shutdowns. The general construction sequence is projected to allow the Work to be completed while maintaining conveyance of wastewater through the facility. It is not intended to be all inclusive and does not list all work elements or details that are required to complete the Work. CONTRACTOR shall be responsible for implementing any additional details required, including temporary piping, bypass pumping, or temporary construction at no additional cost to OWNER. 2. CONTRACTOR may propose alternate sequence or modifications to this sequence. OWNER will review the proposed modification and determine if such modification of Section 01010 -2 1154.005/1 -2009 the sequence interferes with the proper operation of the facility. Any modifications to this general construction sequence shall be proposed in writing and shall be approved by OWNER prior to their implementation. 3. Sequence: a. The standby generator foundation, genset, and electrical feeders shall be installed to the service entrance automatic transfer switch (ATS) location. b. The electrical service entrances shall be modified. The existing service entrance mast shall be modified to enter the top of the new ATS enclosure. Existing conductors shall be terminated on the main circuit breaker in the ATS. The ATS shall be connected to the generator and the existing service entrance disconnect in the MCC. 1.05 CONTRACTOR USE OF SITE A. General: 1. The "area of the site" referred to in these specifications shall be as shown on the Drawings. If the "area of the site" is not shown, OWNER's property lines, the project right -of -way, or the easements obtained for the project shall be considered the "area of the site." 2. Construction activities shall be confined within the "area of the site" limits. 3. From the start of work to completion, CONTRACTOR is responsible for the care of the site and the premises which are affected by operations of Work of this Contract. 4. `Except for permanent site improvements provided under the Contract, CONTRACTOR shall restore property disturbed during the Work to the conditions which previously existed. 5. Work in occupied spaces shall be restricted to specified Work and essential activities, such as making necessary connections and extending services or constructing temporary access ways. Such work shall be scheduled in advance with OWNER. B. Parking and Deliveries: 1. CONTRACTOR is responsible for control of traffic by vehicles and persons within the limits of its operations. 2. Parking for employees, subcontractors, and agents of CONTRACTOR shall be on the facility site. CONTRACTOR shall allow for OWNER maintenance vehicles to access site at all times. 3. Access to the site for delivery of construction material or equipment shall be subject to approval of OWNER. 1.06 EXISTING SERVICES, STRUCTURES, AND UNDERGROUND FACILITIES A. Interruption of existing services and systems including heating, ventilating, air conditioning, water, sanitary, lighting and power, and signal and security will not be permitted unless specifically indicated otherwise. Provide temporary facilities to maintain services. B. If deemed necessary by OWNER, such work shall be accomplished after OWNER's normal office hours. C. Work shall not commence until all labor, materials, and equipment are available so Work can continue without interruption or delay. D. Should uncharted or incorrectly charted piping or other utilities be encountered during installation, notify OWNER and consult with utility owner immediately for directions. Section 01010 -3 1154.005/1 -2009 E. Cooperate with OWNER and utility companies in keeping respective services and facilities in operation, and repair any damaged utilities to satisfaction of utility owner. F. CONTRACTOR shall not interrupt existing utilities serving facilities occupied and used by OWNER or others, except when permitted in writing by OWNER. G. Any accidental interruption of services shall be repaired immediately, including provision of temporary facilities until permanent repairs can be made. H. CONTRACTOR shall proceed with caution in the excavation and preparation of the Site so the exact location of structures and Underground Facilities can be determined. CONTRACTOR shall include in the Contract Price any costs for temporary or permanent relocations of such structures and Underground Facilities required to complete the Work unless specifically indicated otherwise in the Specifications. I. Prior to any excavation, demolition, or drilling on site, CONTRACTOR shall contact owners of the underground facilities in and near the construction area of the intent to excavate, demolish, or drill. As part of this notification requirement, CONTRACTOR shall contact "IOWA ONE CALL." CONTRACTOR shall be aware that not all owners participate in "IOWA ONE CALL." A call to this agency shall not absolve CONTRACTOR of the requirements for contacting owners of all underground facilities in and near the construction area. CONTRACTOR shall give reasonable advance notice to "IOWA ONE CALL" and other owners for the notification which shall not be less than the minimum advance notification required. J. CONTRACTOR shall keep an accurate and complete record of all such structures and Underground Facilities encountered and shall provide OWNER a copy of this record. The record shall include a description of the item encountered, opinion as to conditions, and adequate measurements and depths so that the item can be located in the future. K. CONTRACTOR shall inspect all structures and Underground Facilities for condition and soundness. Unsound conditions shall be reported to the facility owner immediately after exposing. CONTRACTOR shall not proceed with the work until the structure or facility owner has been notified. OWNER shall then be given time to inspect and correct, if required, the structure or Underground Facility. CONTRACTOR may make claim under the provisions of Articles 11 and 12 of the General Conditions should CONTRACTOR feel a price or time adjustment is justified. L. Any additional costs incurred because of failure of CONTRACTOR to report the condition of any and all existing structure or Underground Facility encountered shall be paid for by CONTRACTOR. M. Whenever ENGINEER feels it is necessary to explore and excavate to determine the location of existing structures and Underground Facilities, CONTRACTOR shall make explorations and excavations for such purposes. If CONTRACTOR is required to perform additional work in making the explorations and excavations, extra compensation will be allowed as provided for in the General Conditions. Section 01010 -4 1154.005/1 -2009 1.07 PROTECTION OF WORK AND IMPROVEMENTS A. CONTRACTOR shall protect the property of OWNER, existing improvements, and the Work installed by CONTRACTOR and others from abuse, damage, dust, debris, and other objectionable materials resulting from construction activities. B. CONTRACTOR shall provide suitable covers, partitions, or other dust and fume containment devices to suit construction operations. C. CONTRACTOR shall keep property, existing improvements, and the Work including structures, mains, fittings, and accessories free from dirt and foreign matter at all times. D. CONTRACTOR shall provide temporary plugging of openings, holes, and pipe ends that are existing or that CONTRACTOR has installed. E. Property, improvements, and Work damaged by CONTRACTOR shall be repaired or replaced by CONTRACTOR to the satisfaction of OWNER. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01010 -5 1154.005/1 -2009 SECTION 01019 CONTRACT CONSIDERATIONS PART 1— GENERAL 1.01 SUMMARY A. Work Included: Measurement and Payment—Lump Sum. 1.02 MEASUREMENT AND PAYMENT —LUMP SUM A. No separate measurement for payment will be performed for Lump Sum Work. B. CONTRACTOR shall estimate percentage of Work completed. ENGINEER will review CONTRACTOR's estimate of quantity of Work completed. C. Payment will be made based on the percentage of the Contract completed less retainage and /or liquidated damages. D. Unless noted otherwise, all Work described in the Specifications and /or shown on the Drawings shall be included in the Lump Sum Bid. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01019 -1 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Coordination. 2. Field engineering. 3. Progress meetings. 1.02 COORDINATION SECTION 01039 COORDINATION, FIELD ENGINEERING, AND MEETINGS A. CONTRACTOR shall coordinate scheduling, submittals, and work of the various sections of the work to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. See Section 01010 — Summary of Work for specific construction sequence. B. CONTRACTOR shall verify utility requirements and characteristics of operating equipment are compatible with building utilities and coordinate Work of various sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. C. CONTRACTOR shall coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on the Drawings and shall follow routing shown for pipes, ducts, and conduit as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. CONTRACTOR shall coordinate completion and clean up of Work of separate sections in preparation for substantial completion and for portions of Work designated for OWNER's occupancy. E. After OWNER occupancy of premises, CONTRACTOR shall coordinate access to Site for correction of defective Work and Work not in accordance with Contract Documents to minimize disruption of OWNER's activities. 1.03 FIELD ENGINEERING A. CONTRACTOR shall locate and protect property stakes, legal survey monuments, benchmarks, and survey control and reference points. CONTRACTOR shall pay for replacement of disturbed property stakes and legal survey monuments by a Registered Land Surveyor acceptable to OWNER and for replacement of benchmarks and survey control and reference points provided by ENGINEER. B. CONTRACTOR shall provide field engineering services as required to establish elevations, lines, and levels utilizing recognized engineering survey practices. Section 01039 -1 1154.005/1 -2009 C. CONTRACTOR shall be responsible for all lines, elevations, and measurements of buildings, structures, piping, utilities, and other work executed by CONTRACTOR under the Contract. CONTRACTOR must exercise proper precaution to verify figures before laying out the Work and will be held responsible for any error resulting from its failure to exercise such precaution. 1.04 PROGRESS MEETINGS A. Progress meetings will be held throughout progress of the Work at intervals agreed to by OWNER, ENGINEER, and CONTRACTOR. Interval will generally be monthly. B. CONTRACTOR's project manager, job superintendent, major subcontractors, and suppliers shall attend as appropriate to address agenda topics for each meeting. CONTRACTOR's representatives shall have authority to bind CONTRACTOR to decisions at the meetings. C. The project shall be updated monthly and shall be reviewed at each progress meeting. The Contractor shall provide the following information in written form at each meeting. 1. Construction progress, including: a. Activities completed this reporting period. b. Activities in progress this reporting period. c. Activities scheduled to commence this reporting period. 2. Description of problem areas. 3. Current and anticipated delays. a. Cause of the delay. b. Corrective action and schedule adjustments to correct the delay. c. Impact of the delay on other activities, on milestones, and on completion dates. 4. Changes in construction sequence. D. ENGINEER will prepare and distribute minutes to all attending parties. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01039 -2 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY SECTION 01045 CUTTING, PATCHING, AND ALTERATIONS A. Work Included: CONTRACTOR shall be responsible for all cutting, fitting, patching, and other alterations required to complete the Work as specified herein or to: 1. Make its several parts fit together properly. 2. Uncover portions of the Work to install improperly sequenced Work. 3. Remove and replace defective Work. 4. Remove and replace Work not conforming to requirements of the Contract Documents. 5. Provide penetrations of surfaces for installation of piping and electrical conduit. 6. Rehabilitate or renovate existing spaces. 1.02 REFERENCES A. ANSI A10 Safety Requirements for Construction and Demolition. 1.03 QUALITY ASSURANCE A. CONTRACTOR shall perform all cutting, patching, and alterations in strict accordance with pertinent requirements of these Specifications. B. Except as modified by governing codes, CONTRACTOR shall comply with the applicable provision and recommendations of ANSI A10. 1.04 SUBMITTALS A. CONTRACTOR shall submit a written request to OWNER well in advance of executing any cutting or alteration which affects the following: 1. Work of OWNER or any separate contractor. 2. Structural value or integrity of any element of the Project. 3. Integrity or effectiveness of weather - exposed or moisture - resistant elements or systems. 4. Efficiency, operational life, maintenance, or safety of operational elements. 5. Visual qualities of sight- exposed elements. B. The request shall include: 1. Description of affected work. 2. The necessity for cutting, patching, or alteration. 3. Effect on work of OWNER, any separate contractor, or on the structural or weather -proof integrity of the Project. 4. Description of proposed work to include: a. Scope of cutting, patching, or alteration. b. Trades who will execute the work. c. Products proposed to be used. d. Extent of refinishing to be done. Section 01045 -1 1154.005/1 -2009 5. Alternatives to cutting and patching. 6. Written permission of any separate contractor whose work will be affected. C. Submit written notice to OWNER designating the date and the time the Work will be uncovered or executed. 1.05 SCHEDULING AND COORDINATION A. All work under this section shall be coordinated with OWNER's work forces and those of other contractors and shall be accomplished at times acceptable to OWNER. B. Before starting any work relating to existing utilities (electrical, sewer, water, heat, gas, fire lines, etc.) that will temporarily discontinue or disrupt service to the existing building, notify ENGINEER and OWNER 72 hours in advance and obtain OWNER's approval before proceeding with this phase of the work. Temporary facilities, if required, shall be in place prior to disruption of service. PART 2— PRODUCTS 2.01 NEW MATERIALS A. For replacement of work removed, CONTRACTOR shall use materials which comply with the pertinent sections of these Specifications. B. All new materials for patching and extending work shall match existing products and work. C. CONTRACTOR shall determine type and quality of existing products by inspection and any necessary testing and workmanship by use of existing as the standard. 2.02 SALVAGEABLE MATERIAL A. Materials or items designated to be reinstalled or to become the property of OWNER shall be as specified or as shown on the Drawings. B. CONTRACTOR shall remove such items with care under the supervision of the trade responsible for reinstallation. C. CONTRACTOR shall store these materials (off -site if necessary) and protect from damage until they are incorporated into the new work. D. Items which are not to be reinstalled but are to become the property of OWNER shall be removed by CONTRACTOR with care, cleaned, and stored in a location at the Site to be approved by OWNER. E. Materials or items damaged in its removal shall be replaced by CONTRACTOR with similar new material at no additional cost to OWNER. F. Where existing equipment are indicated to be reused, CONTRACTOR shall repair such equipment and refinish as specified elsewhere. Section 01045 -2 1154.005/1 -2009 2.03 UNSALVAGEABLE MATERIALS A. Materials or items demolished and not designated to become the property of OWNER or not designated to be reinstalled shall become the property of CONTRACTOR and shall be removed from the site and legally and properly disposed of by CONTRACTOR. B. Materials shall be removed by CONTRACTOR in a manner that will avoid damage to materials or equipment to remain. PART 3— EXECUTION 3.01 INSPECTION A. CONTRACTOR shall inspect existing conditions including elements subject to movement or damage during cutting, patching, and other alterations. B. After uncovering the work, CONTRACTOR shall inspect conditions affecting installation of new products or performance of new work. C. CONTRACTOR shall report unsatisfactory or questionable conditions to ENGINEER in writing. D. CONTRACTOR shall not proceed with work until unsatisfactory or questionable conditions are resolved. E. Beginning of cutting, patching, and alterations work means acceptance of existing conditions by CONTRACTOR. 3.02 PREPARATION AND PROTECTION A. CONTRACTOR shall provide and maintain temporary protection of surface finishes, equipment, and adjacent work designated to remain where demolition, removal, and new work is being done, connections are being made, materials are being handled, or equipment is being removed. B. CONTRACTOR shall provide temporary partitions or barriers to contain all dust, dirt, and debris. C. CONTRACTOR shall provide waterproofing, weather protection, heat, and other facilities for that portion of the work which may be exposed by cutting and patching, demolition, or other alterations. D. CONTRACTOR shall cut, move, or remove items as necessary for access to alterations and renovations work and replace and restore at completion of work. E. CONTRACTOR shall prepare surfaces and remove surface finishes to provide for proper installation of new work and new finishes. F. CONTRACTOR shall be responsible for any damage to the existing structure or its contents directly or indirectly by its crews or those of its subcontractors. Section 01045 -3 1154.005/1 -2009 3.03 PERFORMANCE A. CONTRACTOR shall accomplish all work of cutting, removal, demolition, patching, or other alterations using only persons skilled in the appropriate trade. B. CONTRACTOR shall execute the work in a careful and orderly manner. C. CONTRACTOR shall execute cutting and demolition by methods which will prevent damage to other work and will provide proper surfaces to receive installation of repairs. D. CONTRACTOR shall execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances, and finishes. E. CONTRACTOR shall fit work airtight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. F. CONTRACTOR shall thoroughly clean and prepare all surfaces to receive new finish or covering to completely remove all dirt, dust, grease, oil, paint, loose materials, and soil. G. CONTRACTOR shall refinish entire surface as necessary to provide an even finish to match adjacent finishes: 1. For continuous surfaces, refinish to nearest intersection. 2. For an assembly, refinish entire unit. 3.04 DEMOLITION, CUTTING, AND REMOVAL A. Cutting and removal of construction shall be performed by CONTRACTOR so as not to cut or remove more than is necessary and so as not to damage adjacent work. B. CONTRACTOR shall cut out embedded anchorages and attachment items as required to properly provide for patching and repair of the respective finishes. C. CONTRACTOR shall not cut structural work in a manner resulting in a reduction of load- carrying capacity or load /deflection ratio. D. CONTRACTOR shall not cut operational elements and safety components in a manner resulting in decreased performance, shortened useful life, or increased maintenance. E. CONTRACTOR shall not cut work exposed to view (exterior or interior) in a manner resulting in noticeable reduction of visual qualities as determined by OWNER. F. Construction that is to remain that is loosened, cracked, or otherwise damaged or defaced as a result of careless cutting or demolition and is unsuitable for use intended shall be removed and replaced at no additional cost to OWNER. G. CONTRACTOR shall clean demolished areas and remove debris, waste, and rubbish from the building at the conclusion of each day's work. H. CONTRACTOR shall not let piled waste material endanger the structure. Section 01045 -4 1154.005/1 -2009 3.05 PATCHING, EXTENDING, AND MATCHING A. Patching work shall conform to the standards of the Specifications where applicable, and where not specified, work shall conform to the highest standards of the applicable trade. B. CONTRACTOR shall patch construction to match adjacent work unless noted otherwise. C. Patching or restoration shall be carried to natural breaks (e.g., corners) wherever possible. D. CONTRACTOR shall provide adequate support to substrate for patching finishes. E. Transitions: 1. Patched work shall match adjacent work in texture and appearance so as to make the patch or transition invisible to the eye at a distance of 3 feet. 2. Where masonry, tile, plaster, metal, or other finished surface is cut in such a way that a smooth transition is not possible, CONTRACTOR shall terminate the existing surface in a neat fashion along a straight line at a natural line of division and provide trim appropriate to the finished surface. 3. CONTRACTOR shall restore existing work that is damaged during patching operations to a condition equal to its construction at the time of the start of work. END OF SECTION Section 01045 -5 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. OSHA Requirements. 2. Permits. 3. Wage Rates. 1.02 OSHA REQUIREMENTS A. All work including site safety, equipment, materials, and fabricated items provided under the Contract shall comply with the provisions of the "Occupational Safety and Health Act." 1.03 PERMITS A. A building permit will be required from OWNER. However, OWNER will waive fees associated with the permit. 1.04 WAGE RATES A. A state wage rate determination is not a requirement of this Project. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE SECTION 01060 REGULATORY REQUIREMENTS END OF SECTION Section 01060 -1 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Reference Standards: a. Throughout the Contract Documents, reference is made to codes and standards which establish qualities and types of workmanship and materials, and which establish methods for workmanship and materials, and which establish methods for testing and reporting on the pertinent characteristics. b. Where materials or workmanship are required by these Contract Documents to meet or exceed the specifically named code or standard, it is CONTRACTOR's responsibility to provide materials and workmanship which meet or exceed that specifically named code or standard. c. It is also CONTRACTOR's responsibility, when so required by the Contract Documents, to deliver to ENGINEER all required proof that the material or workmanship, or both, meet or exceed the requirements of the specifically named code or standard. 2. Definitions: a. A substantial amount of specification language constitutes definitions for terms found in other Contract Documents, including the Drawings which must be recognized as diagrammatic in nature and not completely descriptive of requirements indicated thereon. b. Certain terms used in the Contract Documents are defined generally in this section to supplement definitions of the Agreement, General Conditions, Supplementary Conditions, and other general contract documents. c. Definitions and explanations of this section are not necessarily either complete or exclusive, but are general for the Work. B. Related Work Described Elsewhere: The specific naming of codes or standards occurs on the Drawings and in other sections of these Specifications. 1.02 QUALITY ASSURANCE SECTION 01090 REFERENCE STANDARDS AND DEFINITIONS A. Familiarity with Pertinent Codes and Standards: 1. It is CONTRACTOR's responsibility to verify the requirements of the specifically named codes and standards and to verify that the items procured for use in this Work meet or exceed the specified requirements. 2. When required by individual sections of these specifications, CONTRACTOR shall obtain a copy of each pertinent code or standard and maintain the copies at the job site during submittals, planning, and progress of the Work until Substantial Completion of the Work is attained. Section 01090 -1 1154.005/1 -2009 B. Overlapping or Conflicting Requirements: 1. Where compliance with two or more industry standards or sets of requirements are specified, and the overlapping of those standards or requirements establishes different or conflicting minimums or levels of quality, the most stringent requirement (which is generally recognized to be also most costly) is intended and will be enforced, unless more detailed language written directly into Contract Documents clearly indicates that a less stringent requirement is acceptable. 2. Refer all uncertainties to ENGINEER for decision before proceeding. 1.03 REFERENCE STANDARDS A. Applicable standards of the construction industry are made a part of the Contract Documents by reference as if copied directly into the Contract Documents, or as if published copies were bound herewith. See Article 3.02 of the General Conditions for additional provisions regarding references. B. Standards referenced directly in the Contract Documents or by governing regulation, have precedence over nonreferenced standards which are recognized in industry for applicability to the Work. C. Nonreference standards are hereby defined to have no particular applicability to the work except as a general measurement of whether the Work complies with standards recognized in the construction industry. D. Reference standards and codes listed in these specifications may include, but are not necessarily limited to, standards or codes published by the following agencies and organizations: 1. AA Aluminum Association 900 19th Street, NW, Washington, DC 20006 2. AAMA American Architectural Manufacturer's Association 1827 Walden Office Square, Schaumberg, IL 60173 3. AASHTO American Association of State Highway & Transportation Officials 444 North Capitol Street, NW, Washington, DC 20001 4. ACI 5. Al 6. AISC 7. AISI 8. ANSI American Concrete Institute 38800 Country Club Drive, Farmington Hills, MI 48331 Asphalt Institute Research Park Drive, P.O. Box 14052, Lexington, KY 40512 -4052 American Institute of Steel Construction One East Wacker Drive, Suite 3100, Chicago, IL 60601 -2001 American Iron and Steel Institute 1101 17th Street, NW, Suite 1300, Washington, DC 20036 American National Standards Institute 11 West 42nd Street, New York, NY 10036 Section 01090 -2 1154.005/1 -2009 9. APA American Plywood Association 7011 So. 19th, Tacoma, WA 98466 10. API American Petroleum Institute 12201 L Street, NW, Washington, DC 20005 -4070 11. ARI Air - Conditioning & Refrigeration Institute 4100 N. Fairfax Drive, Suite 200, Arlington, VA 22203 12. ASHRAE American Society of Heating, Refrigerating, and Air Conditioning Engineers 1791 Tullie Circle, NE; Atlanta, GA 30329 13. ASME 14. ASSE 15. ASTM 16. AWI 17. AWPA 18. AWS 19. AWWA 20. BHMA 21. BIA 22. CRSI 23. EJMA 24. FM American Society of Mechanical Engineers Three Park Avenue, New York, NY 10016 -5990 American Society of Sanitary Engineering 901 Canterbury, Suite A, Westlake, OH 44145 American Society for Testing and Materials 100 Barr Harbor Drive, West Conshohoken, PA 19428 -2959 Architectural Woodwork Institute 1952 Isaac Newton Square West, Reston, VA 20190 American Wood - Preserver's Association P.O. Box 388, Selma, AL 36702 -0388 American Welding Society 550 N.W. LeJune Road, Miami, FL 33126 American Waterworks Association 6666 West Quincey Avenue, Denver, CO 80235 Builder's Hardware Manufacturers Association 355 Lexington Avenue, 17th floor; New York, NY 10017 Brick Industry Association 11490 Commerce Park Drive, Reston, VA 20191 -1525 Concrete Reinforcing Steel Institute 9333 N. Plum Grove Road, Schaumburg, IL 60173 Expansion Joint Manufacturers Association 25 North Broadway, Tarrytown, NY 10591 Factory Mutual System FM Global Corporate Offices, 1301 Atwood Avenue, PO Box 7500, Johnston, RI 02919 25. FS Federal Specification (General Services Admin.) Bldg. 197, Washington Navy Yard; Washington, DC 20407 Section 01090 -3 1154.005/1 -2009 26. FTI 27. GA 28. GANA 29. IESNA 30. MIL 32. NCMA 33. NECA 34. NEMA 35. NFPA 36. NIS 37. NRCA 38. NSF 39. OSHA 40. PCA 41. PCI Facing Tile Institute Box 8880, Canton, OH 44711 Gypsum Association 810 1st St., NE, Washington, DC 20002 Glass Association of North America 2945 SW Wanamaker Drive, Suite A, Topeka, KS 66614 Illuminating Engineering Society of North America 120 Wall Street, Floor 17, New York, NY 10005 Military Specifications Naval Publications and Forms Center 5801 Tabor Avenue, Philadelphia, PA 19120 31. NAAMM National Association of Architectural Metal Manufacturers 8 South Michigan Avenue, Suite 1000, Chicago, IL 60603 National Concrete Masonry Association 13750 Sunrise Valley Drive, Herndon, VA 20171 -4662 National Electrical Contractors Association 3 Bethesda Metro Center, Suite 1100, Bethesda, MD 20814 National Electrical Manufacturers Association 1300 North 17th Street, Suite 1847, Rosslyn, VA 22209 National Fire Protection Association 1 Batterymarch Park, Quincy, MA 02169 -7471 National Institute of Standards (U.S. Department of Commerce), 100 Bureau Drive, Stop 3460 Gaithersburg, MD 20899 -3460 National Roofing Contractors Association 10255 W. Higgins Road, Suite 600, Rosemont, IL 60018 National Sanitation Foundation International P.O. Box 130140, 789 N. Dixboro Road, Ann Arbor, MI 48113 -0140 Occupational Safety & Health Administration 200 Constitution Avenue, NW, Washington, DC 20210 Portland Cement Association 5420 Old Orchard Road, Skokie, IL 60077 Prestressed Concrete Institute 209 W. Jackson Blvd., Chicago, IL 60606 -6938 Section 01090 -4 1154.005/1 -2009 42. SAE 43. SDI 44. SDI 45. SIGMA 46. SJI 48. SSPC 49. TCA 50. UBC 51. UL 1.04 SUBMITTALS 1.05 DEFINITIONS Society of Automotive Engineers SAE World Headquarters 400 Commonwealth Drive, Warrendale, PA 15096 -0001 Steel Deck Institute P.O. Box 25, Fox River Grove, IL 60021 Steel Door Institute 30200 Detroit Rd., Cleveland, OH 44145 -1987 Sealed Insulating Glass Manufacturers Assoc. 401 N. Michigan Avenue, Chicago, IL 60611 -4267 Steel Joist Institute 3127 10th Ave. North Ext., Myrtle Beach, SC 29577 -6760 47. SMACNA Sheet Metal and Air Conditioning Contractor's National Association 4201 Lafayette Center Drive, Chantilly, VA 20151 -1209 Society for Protective Coatings 40 24th Street, 6th Floor, Pittsburgh, PA 15222 -4656 Tile Council of America 100 Clemson Research Blvd., Anderson, SC 29625 Uniform Building Code 5360 Workman Mill Road; Whittier, CA 90601 -2298 Underwriters' Laboratories 333 Pfingston Road; Northbrook, IL 60062 A. For OWNER's records, CONTRACTOR shall submit copies of permits, licenses, certifications, inspection reports, and similar documents, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the Work. A. Indicated: 1. The term "indicated" is a cross - reference to details, notes, or schedules on the drawings, to other paragraphs or schedules in the specifications and to similar means of recording requirements in the Contract Documents. 2. Where terms such as "shown," "noted," "scheduled," and "specified" are used in lieu of "indicated," it is for the purpose of helping the reader locate cross - reference, and no limitation is intended except as specifically noted. Section 01090 -5 1154.005/1 -2009 B. Approve (or Words of Similar Nature): 1. Where used in conjunction with ENGINEER's response to submittals, requests, applications, inquiries, reports, and claims by CONTRACTOR, the meaning of the term "approve" will be held to the limitation of ENGINEER's responsibilities and duties as specified in Paragraph 1.02.B.1. of the General Conditions. 2. In no case will "approval" by ENGINEER be interpreted as a release of CONTRACTOR from responsibility to fulfill requirements of the Contract Documents. C. Minimum Requirements: 1. Indicated requirements are for a specific minimum acceptable level of quality or quantity, as recognized in the industry. 2. Actual work must comply with (or within specified tolerances) or exceed minimums. 3. CONTRACTOR shall refer uncertainties to ENGINEER before proceeding. D. Abbreviations: Abbreviations, where not defined in the Contract Documents, will be interpreted to mean the normal construction industry terminology. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01090 -6 1154.005/1 -2009 r PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Whenever possible throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined either by manufacturer's name and catalog number or by reference to recognized industry standards. 2. To facilitate CONTRACTOR's understanding of the design intent, procedures have been established for advance submittal of design data and for its review or rejection by ENGINEER. 3. The type of submittal requirements specified in this section include shop drawings, product data, samples, and other miscellaneous work related submittals. B. Related work described elsewhere: More detailed requirements for submittals are described in other sections of these specifications for some materials and equipment. They are to be considered additional requirements to supplement the requirements specified in this section. Submittals shall conform to Article 6 of the General Conditions. 1.02 IDENTIFICATION OF SUBMITTALS SECTION 01300 SUBMITTALS A. CONTRACTOR shall completely identify each submittal and resubmittal by showing at least the following information: 1. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. 2. Name and location of project and identification number. 3. Drawing number and specifications section number to which the submittal applies. 4. Include the date of each submittal or resubmittal. 1.03 GROUPING OF SUBMITTALS A. Unless otherwise specifically permitted by ENGINEER, CONTRACTOR shall make all submittals in groups containing all associated items so that information is available for checking each item when it is received. B. Partial submittals may be rejected as not complying with the provisions of the Contract Documents. 1.04 TIMING OF SUBMITTALS A. CONTRACTOR shall make all submittals far enough in advance of scheduled dates of installation to provide required time for reviews, for securing necessary approval, for possible revision and resubmittal, and for placing orders and securing delivery. Section 01300 -1 1154.005/1 -2009 1.05 SHOP DRAWINGS A. Shop drawings shall include specially prepared technical data for this project including drawings, diagrams, performance curves, data sheets, schedules, templates, patterns, reports, calculations, instructions, measurements, and similar information not in standard printed form for general application to a range of similar projects. Shop drawings shall be submitted for all manufactured or fabricated items. See individual technical sections for special requirements. B. CONTRACTOR shall make all shop drawings accurately to scale and sufficiently large to show all pertinent aspects of the item and its method of connection to the work. C. Shop drawings shall be checked, approved, and stamped by CONTRACTOR in accordance with the General Conditions before transmittal to ENGINEER for review and approval. D. Complete shop drawings and descriptive data shall be submitted on all manufactured or fabricated items prior to 25% completion of the Work. Applications for payment beyond 25% of the contract amount will not be recommended for payment until all shop drawings are submitted or a revised schedule for any remaining submittals is agreed to by OWNER and ENGINEER. Except as noted, six copies of shop drawings and descriptive data shall be submitted to ENGINEER for approval. Three copies of these will be returned to CONTRACTOR if approved. If shop drawings are not approved or if they are stamped "Approved as Noted - Resubmit," two corrected copies will be returned to CONTRACTOR for use in resubmittal. If CONTRACTOR desires more than three approved copies, submitted quantity shall be increased accordingly. E. Shop drawings shall be submitted in 3 -ring binders or 3 -tab report covers. F. Shop drawings submitted to ENGINEER will be reviewed and stamped "Approved," "Approved as Noted," "Approved as Noted - Resubmit," or "Not Approved." CONTRACTOR shall resubmit the above number of corrected shop drawings for all shop drawings stamped "Approved as Noted - Resubmit" and "Not Approved" and will .continue this process until shop drawings are stamped "Approved" or "Approved as Noted." If drawings are stamped "Approved as Noted- Resubmit," fabrication may proceed in accordance with the marked -up shop drawings. Installation shall not proceed until shop drawings have been resubmitted and stamped "Approved" or "Approved as Noted." G. If shop drawings are stamped "Approved as Noted" or "Approved as Noted - Resubmit" and CONTRACTOR does not agree with revisions or cannot conform with revisions, fabrication shall not proceed and shop drawings shall be resubmitted with explanation of CONTRACTOR's position. H. All shop drawings used for construction site activities shall bear the "Approved" or "Approved as Noted" stamp of ENGINEER. I. Arrangements may be made between CONTRACTOR and ENGINEER to provide additional copies of "Approved" shop drawings for field activity purposes. J. Shop drawings shall include verification that the item meets applicable codes and standards such as NFPA 30, ASTM, OSHA, and others. Section 01300 -2 1154.005/1 -2009 1.06 PRODUCT DATA A. CONTRACTOR shall provide product data as required to supplement shop drawings. B. Product data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by CONTRACTOR to illustrate a material, product, or system for some portion of the work. C. CONTRACTOR shall collect required product data into one submittal for each unit of work or system. D. CONTRACTOR shall include manufacturer's standard printed recommendations for application and use, compliance with standards, performance characteristics, wiring and piping diagrams and controls, component parts, finishes, dimensions, required clearances, and other special coordination requirements. E. CONTRACTOR shall mark each copy of standard printed data to identify pertinent products, models, options, and other data. F. CONTRACTOR shall supplement manufacturer's standard data to provide information unique to the work. 1.07 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by ENGINEER. B. Shop Drawings and Product Data: 1. Revise initial drawings or data and resubmit as specified for initial submittal. 2. Itemize in a cover letter any changes which have been made other than those requested by ENGINEER. 1.08 MANUFACTURER'S DIRECTIONS A. Manufactured articles, materials, and equipment shall be stored, commissioned, operated, applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer, unless specified to the contrary. B. Wherever specifications call for work to be performed or materials to be installed in accordance with the manufacturer's printed instructions or directions, CONTRACTOR shall furnish copies as required for shop drawings of those instructions or directions to ENGINEER before installing the material or performing the work. 1.09 MAINTENANCE MANUAL A. Prior to 50% completion of the Contract or at a minimum of 45 days prior to the scheduled start -up date of any individual item of equipment, whichever is earlier, CONTRACTOR shall furnish to ENGINEER four complete copies of a maintenance manual for all equipment furnished. Applications for payment beyond 50% of the contract amount will not be recommended for payment until all maintenance manuals are submitted or a revised schedule for remaining maintenance manuals is agreed to by OWNER and ENGINEER. Section 01300 -3 1154.005/1 -2009 B. The manuals shall include manufacturer's instructions for maintenance and operation for each item of mechanical and electrical equipment. Manuals shall be specific for the equipment as installed; provide project specific inserts as required. Manuals shall contain: operation instructions, lubrication schedules, types and quantities, preventative maintenance program, spare parts list, parts lists, I.D. No. and exploded views, assembly instructions, parts supplier location, trouble shooting and startup procedures and, where applicable, test data and curves. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01300 -4 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY SECTION 01400 QUALITY CONTROL A. Work Includes; 1. Quality Assurance — Control of Installation. 2. Tolerances. 3. Manufacturers' Field Services and Reports. 1.02 QUALITY ASSURANCE— CONTROL OF INSTALLATION A. CONTRACTOR shall monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to produce Work of specified quality. B. CONTRACTOR shall comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, CONTRACTOR shall request clarification from ENGINEER before proceeding. D. CONTRACTOR shall comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Work shall be performed by persons qualified to produce workmanship of specified quality. F. CONTRACTOR shall secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. 1.03 TOLERANCES A. CONTRACTOR shall monitor tolerance control of installed products to produce acceptable work and shall not permit tolerances to accumulate. B. CONTRACTOR shall comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, CONTRACTOR shall request clarification from ENGINEER before proceeding. C. CONTRACTOR shall adjust products to appropriate dimensions; position before securing products in place. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A. When specified in individual specification sections or when requested by ENGINEER, CONTRACTOR shall require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, and quality of workmanship. Section 01400 -1 1154.005/1 -2009 B. CONTRACTOR shall submit qualifications of observer to ENGINEER 30 days in advance of required observations. C. CONTRACTOR shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. CONTRACTOR shall submit report in duplicate within 30 days of observation to ENGINEER for information. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01400 -2 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Temporary utilities. 2. Removal of temporary facilities. SECTION 01500 TEMPORARY FACILITIES B. CONTRACTOR shall arrange for and provide temporary facilities as required for proper and expeditious prosecution of the Work. C. CONTRACTOR shall pay all costs, except as otherwise specified, until final acceptance of the Work unless OWNER makes arrangements for use of completed portions of the Work after substantial completion in accordance with the provisions of the General Conditions. D. CONTRACTOR shall make all temporary connections to utilities and services in locations acceptable to OWNER and local authorities having appropriate jurisdiction. 1. Furnish all necessary labor and materials. 2. Make all installations in a manner subject to the acceptance of such authorities and OWNER. 3. Maintain such connections. 4. Remove temporary installation and connection when no longer required. 5. Restore services and sources of supply to proper operating conditions. 1.02 TEMPORARY UTILITIES A. Temporary Toilets: CONTRACTOR shall provide and maintain sanitary temporary chemical toilets located where approved by OWNER and in sufficient number required for the work force employed by CONTRACTOR. B. Temporary Electrical Services: 1. CONTRACTOR shall make all necessary arrangements, furnish, install, and maintain necessary temporary electrical services at the Site. CONTRACTOR shall remove all temporary services when Project is complete. 2. All utility charges for installation of the temporary services shall be paid for by CONTRACTOR. 3. No permanent electrical equipment or wiring shall be used without express written permission of OWNER. Such approval, if given, shall not affect guarantee period. C. Weather Protection and Temporary Heat: CONTRACTOR shall provide weather protection to protect the Work from damage because of freezing, rain, snow, and other inclement weather. D. Temporary Fire Protection: CONTRACTOR and Subcontractor(s) shall provide and maintain in operating order a minimum of one fire extinguisher. More extinguishers shall be provided as necessary. Fire extinguishers shall be minimum dry chemical, nonfreezing -type, UL rating 2A -30BC, with 10 -pound capacity for Class A, B, and C fires. Section 01500 -1 1154.005/1 -2009 1.03 REMOVAL OF TEMPORARY FACILITIES A. Remove temporary materials, equipment, services, and construction as soon as practicable but no later than just prior to substantial completion inspection. B. Clean and repair damage caused by installation or use of temporary facilities and restore existing facilities used during construction to specified, or to original, condition. C. Minor temporary facilities which interfere with OWNER's operations shall be removed at the end of each Work period. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01500 -2 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY SECTION 01560 TEMPORARY CONTROLS A. Work Included: 1. Dust Control. 2. Water, Erosion, and Sediment Control. 3. Site Security. 4. Daily Cleanup. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION 3.01 DUST CONTROL A. CONTRACTOR shall execute the Work by methods to minimize raising dust from construction operations. B. CONTRACTOR shall provide positive means to prevent airborne dust from dispersing into atmosphere. 3.02 WATER, EROSION, AND SEDIMENT CONTROL A. CONTRACTOR shall grade site to drain and shall maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. CONTRACTOR shall protect Site from puddling or running water. C. CONTRACTOR shall provide erosion control measures as necessary to control discharge of sediment laden water to surface waters and wetlands. D. Except as provided for in the document, overland discharge of water from dewatering operations shall not be allowed. Depending on water quality, such water shall either be piped directly to the surface water or shall be directed to sedimentation basins or other such structures or features prior to discharge to surface waters so as not to cause damage to existing ground and improvements, erosion, or deposition in the discharge area. E. CONTRACTOR shall use jute or synthetic netting, silt fences, straw bales, dikes, channels, and other applicable measures to prevent erosion of soils disturbed by its construction operation. Section 01560 -1 1154.005/1 -2009 F. Restoration of the Site shall proceed concurrently with the construction operation. See Drawings and Specifications for erosion control measures in addition to that which may be required above. G. Erosion control measures shall comply with Iowa Construction Site Erosion Control Manual issued by the Iowa Department of Natural Resources. 3.03 SITE SECURITY A. CONTRACTOR shall have the sole responsibility of safeguarding the Site perimeter to prevent unauthorized entry to the Site throughout the duration of the Project. CONTRACTOR shall at all times provide such permanent and temporary fencing or barricades or other measures as may be necessary to restrict unauthorized entry to its construction area including construction in public rights -of -way or easements. Site security measures shall include safeguards against attractive nuisance hazards as a result of construction activity. B. CONTRACTOR shall at all times be responsible for the security of the Work including materials and equipment. OWNER will not take any responsibility for missing or damaged equipment, tools, or personal belongings. CONTRACTOR shall have the sole responsibility of safeguarding the Work and the Site throughout the duration of the Project. 3.04 DAILY CLEANUP A. CONTRACTOR shall clean up the Site and remove all rubbish on a daily basis. END OF SECTION Section 01560 -2 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY SECTION 01600 MATERIALS AND EQUIPMENT A. Work Included: CONTRACTOR shall be responsible for the delivery, handling, storage and protection of all material and equipment required to complete the Work as specified herein. B. Related Sections and Divisions: Specific requirements for the handling and storage of material and equipment are described in other sections of these Specifications. 1.02 PRODUCTS A. Components required to be supplied in quantity within a Specification section shall be the same, and shall be interchangeable. CONTRACTOR shall not use materials and equipment removed from existing construction, except as specifically required, or allowed, by the Contract Documents. C. When any construction deviations from the Drawings and /or Specifications necessary to accommodate equipment supplied by CONTRACTOR, result in additional costs to CONTRACTOR or other contractors, such additional costs shall be borne by CONTRACTOR. CONTRACTOR shall also pay any additional costs necessary for revisions of Drawings and /or Specifications by ENGINEER. D. Each major component of equipment shall bear a nameplate giving the name and address of the manufacturer and the catalogue number or designation. 1.03 TRANSPORTATION AND HANDLING A. Materials, products and equipment shall be properly containerized, packaged, boxed, and protected to prevent damage during transportation and handling. B. CONTRACTOR shall not damage other construction by careless transportation, handling, spillage, staining or impact of materials. C. CONTRACTOR shall provide equipment and personnel to handle products, including those provided by OWNER, by methods to prevent soiling and damage. D. CONTRACTOR shall provide additional protection during handling to prevent marring and otherwise damaging products, packaging, and surrounding surfaces. E. CONTRACTOR shall handle product by methods to avoid bending or overstressing. Lift large and heavy components only at designated lift points. Section 01600 -1 1154.005/1 -2009 1.04 DELIVERY AND RECEIVING A. CONTRACTOR shall arrange deliveries of products in accordance with the Progress Schedule, allowing time for observation prior to installation. B. CONTRACTOR shall coordinate deliveries to avoid conflict with the Work and conditions at the Site; work activities of OWNER; limitations on storage space; availability of personnel and handling equipment and OWNER's use of premises. C. CONTRACTOR shall deliver products in undamaged, dry condition, in original unopened containers or packaging with identifying labels intact and legible. D. CONTRACTOR shall clearly mark partial deliveries of component parts of equipment to identify equipment and contents to permit easy accumulation of parts and to facilitate assembly. E. Immediately on delivery, CONTRACTOR shall inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Accessories, and installation hardware are correct. 4. Containers and packages are intact and labels legible. 5. Products are protected and undamaged. 1.05 STORAGE AND PROTECTION A. General: 1. CONTRACTOR shall store products, immediately on delivery, in accordance with manufacturer's instructions, with all seals and labels intact and legible. 2. Available storage space at the Site is limited. Any additional off -site space required shall be arranged by CONTRACTOR. 3. CONTRACTOR shall allocate the available storage areas and coordinate their use by the trades on the job. 4. CONTRACTOR shall arrange storage in a manner to provide access for maintenance of stored items and for observation. B. In enclosed storage, CONTRACTOR shall: 1. Provide suitable temporary weather tight storage facilities as may be required for materials that will be damaged by storage in the open. 2. Maintain temperature and humidity within ranges stated in manufacturer's instructions. 3. Provide ventilation for sensitive products as required by manufacturer's instructions. 4. Store unpacked and loose products on shelves, in bins, or in neat groups of like items. 5. Store solid materials such as insulation, tile, mechanical and electrical equipment, fittings, and fixtures under shelter, in original packages, away from dampness and other hazards. 6. Store liquid materials away from fire or intense heat and protect from freezing. C. At exterior storage, CONTRACTOR shall: 1. Store unit materials such as pipe and conduit off ground, out of reach of dirt, water, mud and splashing. 2. Store tools or equipment that carry dirt outside. 3. Store large equipment so as not to damage the Work or present a fire hazard. Section 01600 -2 1154.005/1 -2009 4. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet material and provide ventilation to avoid condensation. 5. Completely cover and protect any equipment or material which is prime coated or finish painted with secured plastic or cloth tarps. Store out of reach of dirt, water, mud and splashing. 6. Store loose granular materials on clean, solid surfaces such as pavement, or on rigid sheet materials, to prevent mixing with foreign matter. 7. Provide surface drainage to prevent erosion and ponding of water. 8. Remove all traces of piled bulk materials at completion of work and return site to original or indicated condition. 1.06 MAINTENANCE OF STORAGE A. CONTRACTOR shall periodically inspect stored products on a scheduled basis. B. CONTRACTOR shall verify that storage facilities comply with manufacturer's product storage requirements, and verify that manufacturer required environmental conditions are maintained continually. C. CONTRACTOR shall verify that surfaces of products exposed to the elements are not adversely affected and that any weathering of finishes is acceptable under requirements of Contract Documents. D. CONTRACTOR shall perform scheduled maintenance of equipment in storage as recommended by the manufacturer. A record of the maintenance shall be kept and turned over to ENGINEER when the equipment is installed. 1.07 INSTALLATION REQUIREMENTS A. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the respective manufacturers, unless otherwise specified. B. After installation, CONTRACTOR shall protect all materials and equipment against weather, dust, moisture, and mechanical damage. C. CONTRACTOR shall be responsible for all damages that occur in connection with the care and protection of all materials and equipment until completion and final acceptance of the Work by OWNER. Damaged material and equipment shall be immediately removed from the Site. 1.08 CONCRETE EQUIPMENT BASE A. Cast -in -place concrete equipment bases shall be provided for all new and relocated equipment including electrical control panels, standby generators, etc. Concrete equipment bases shall be provided by CONTRACTOR except where specifically noted to be provided by others. Bases shall be 3 -1/2 inch minimum height and shall be a minimum of 3 inches larger than equipment being supported. Grouting of equipment bases shall be as recommended by equipment manufacturer. B. Concrete and grout shall meet applicable sections of the specifications. Section 01600 -3 1154.005/1 -2009 C. Provide all anchor bolts, metal shapes and templates to be cast in concrete or used to form concrete for support of equipment. PART 2— PRODUCTS NOT APPLICABLE PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01600 -4 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Starting equipment and systems. 2. Demonstration and instructions. 3. Start-up and testing. SECTION 01650 STARTING OF SYSTEMS B. CONTRACTOR shall perform the Work described in the following subsections. 1.02 STARTING EQUIPMENT AND SYSTEMS A. Coordinate schedule for start-up of various equipment and systems. B. Notify ENGINEER and OWNER a minimum of seven days prior to start -up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or for other conditions that may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start -up under supervision of applicable manufacturer's representative and CONTRACTOR's personnel in accordance with manufacturers' instructions. G. Require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or system installation prior to start -up and to supervise placing equipment or system in operation. H. Equipment manufacturer shall provide a written report covering checkout, testing, inspections, and start-up and shall identify any deficiencies noted. Report shall be submitted to ENGINEER. CONTRACTOR shall be responsible for correcting all deficiencies noted in report. I. Provide lubricants as recommended by manufacturer appropriate for start -up conditions. 1.03 DEMONSTRATION AND INSTRUCTIONS A. Demonstrate operation and maintenance of products to OWNER's personnel. B. For all mechanical equipment or systems, demonstrate project equipment and instruct in a classroom environment at a location acceptable to the OWNER and instructed by qualified manufacturers' representative who is knowledgeable about the Project. Section 01650 -1 1154.005/1 -2009 C. For equipment or systems requiring seasonal operation, perform demonstration for noncurrent season at start of noncurrent season. D. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with OWNER's personnel in detail to explain all aspects of operation and maintenance. E. Demonstrate start-up, operation, control, adjustment, troubleshooting, servicing, maintenance, and shutdown of each item of equipment at agreed time at equipment location. F. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. G. Supervision and Start -up: Installation of all equipment furnished under this Contract shall be supervised as required by a qualified representative of equipment manufacturer. All equipment shall be placed in operation by a qualified representative of the equipment manufacturer and the staff shall be trained to the satisfaction of OWNER by a qualified representative of the equipment manufacturer. OWNER may videotape training presentations given by manufacturer's representatives. Final payment for various items of equipment will not be made by OWNER until the equipment is operating to OWNER's satisfaction. 1.04 START -UP AND TESTING A. Prior to acceptance of any portion of the Work, start-up and testing of all equipment and testing of all materials furnished on the Project by CONTRACTOR shall have been conducted in the presence of representatives of CONTRACTOR, OWNER, and ENGINEER and also manufacturer if requested by OWNER or ENGINEER. B. CONTRACTOR shall provide whatever temporary installations and conditions are necessary in order to perform start-up and testing operations on all equipment and materials furnished under the Contract. Temporary connections and equipment necessary during start -up and testing operations shall include, but not be limited to, temporary piping and electrical equipment and devices, temporary connection from various parts of the systems and any other labor, materials, fuel, devices, or items that may be required for start-up and testing operations. Temporary conditions shall include filling with water, if necessary, to check equipment and materials. C. All temporary installations and conditions shall be removed by CONTRACTOR upon completion of start-up and testing. PART 2— PRODUCTS NOT APPLICABLE Section 01650 -2 1164.005/1 -2009 PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01650 -3 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY 1.02 CLOSEOUT PROCEDURES 1.03 FINAL CLEANING 1.04 ADJUSTING 1.05 PROJECT RECORD DOCUMENTS SECTION 01700 CONTRACT CLOSEOUT A. Work Included: 1. Closeout procedures. 2. Final cleaning. 3. Adjusting. 4. Project record documents. 5. Warranties. 6. Spare parts and maintenance materials. A. CONTRACTOR shall provide submittals to ENGINEER that are required by governing or other authorities. B. CONTRACTOR shall comply with General Conditions and Supplementary Conditions and complete the following before requesting ENGINEER's observation of the Work or designated portion thereof for substantial completion. 1. Submit executed warranties, workmanship bonds, maintenance agreements, inspection certificates, and similar required documentation for specific units of Work, enabling OWNER's unrestricted occupancy and use. 2. Submit record documentation, maintenance manuals, tools, spare parts, keys, and similar operational items. 3. Submit consent of surety (if surety required in Contract). 4. Complete final cleaning, touch -up work of marred surfaces, and remove temporary facilities and tools. A. It is CONTRACTOR's responsibility to completely clean up the inside and outside of all buildings and the construction site at the completion of the Work. A. CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operation. A. CONTRACTOR shall maintain on Site one set of the following record documents to record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change orders and other modifications to the Contract. Section 01700 -1 1154.005/1 -2009 5. Reviewed shop drawings, product data, and samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. CONTRACTOR shall ensure entries are complete and accurate, enabling future reference by OWNER. C. CONTRACTOR shall store record documents separate from documents used for construction. D. CONTRACTOR shall record information concurrent with construction progress. E. Specifications: CONTRACTOR shall legibly mark and record at each Product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by addenda and modifications. F. Record Documents and Shop Drawings: CONTRACTOR shall legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish floor datum. 2. Measured horizontal and vertical locations of underground utilities and appurtenances referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of the work. 4. Field changes of dimension and detail. 5. Details not on original Contract drawings. 1.06 WARRANTIES A. CONTRACTOR shall provide warranties beyond project one -year warranty as required by technical sections and as follows. B. Submit warranty information as follows: 1. Provide notarized copies. 2. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers, and provide Table of Contents and assemble in three -ring binder with durable cover. 3. Submit with request for certificate of Substantial Completion. 4. For items of work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance listing date of acceptance as start of warranty period. 1 07 SPARE PARTS AND MAINTENANCE MATERIALS A. CONTRACTOR shall provide spare parts, maintenance, and extra materials in quantities specified in individual specification sections. PART 2— PRODUCTS NOT APPLICABLE Section 01700 -2 1154.005/1 -2009 PART 3— EXECUTION NOT APPLICABLE END OF SECTION Section 01700 -3 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: Excavating, filling, backfilling, and grading for this work includes, but is not necessarily limited to: 1. Excavating for footings, foundations, roads, and utilities. 2. Placing and compacting all fill and backfill. 3. Placement of crushed stone mat below structures where required. 4. Rough and finish grading prior to paving, seeding, etc. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. ASTM D1557 —Test Methods for Moisture Density Relations of Soils and Soil— Aggregate Mixtures using 10 pound Rammer and 18 -inch drop. B. Standard Specifications: Unless otherwise indicated, Standard Specifications within this section shall refer to the Iowa Department of Transportation, Standard Specifications for Highway and Bridge Construction, current edition, including all issued supplemental specifications. 1.03 SUBMITTALS A. CONTRACTOR shall submit samples of materials proposed for use as fill to soils testing laboratory for analysis of their suitability and for recommendations on moisture content during compaction, compaction methods, or other appropriate information. B. CONTRACTOR shall submit sufficient samples of each different type or classification of soil to obtain representative values. 1.04 JOB CONDITIONS A. No soil borings were made for this project. CONTRACTOR shall conduct its own investigation to determine physical conditions at the site which may affect the work. PART 2— PRODUCTS 2.01 COMPACTED FILL 1 SECTION 02222 EXCAVATION, FILL, BACKFILL, AND GRADING A. All fill and backfill material designated to be compacted fill shall be granular with no stones larger than 4 inches and shall be reasonably well graded throughout the particle size range. Of that portion of the material passing the No. 4 sieve, not more than 25% shall pass the No. 200 sieve, and material shall have less than 5% clay content. When placing Section 02222 -1 1154.005/1 -2009 fill during wet weather or in wet areas, this requirement shall be modified to not more than 5% passing the No. 200 sieve. Adequately dewatered areas are not defined as wet areas. B. Native material may be used as compacted fill if it meets the above specification. CONTRACTOR shall determine whether native material meets the above specification. CONTRACTOR shall provide all needed fill material whether from on -site or off -site at no additional cost to OWNER. 2.02 CRUSHED STONE MAT A. Crushed stone mat below tank slabs, manholes, vault slabs and basement floors shall be 3/4 -inch clear crushed stone and shall meet all requirements of ASTM C33 Size No. 67. PART 3— EXECUTION 3.01 GENERAL A. Prior to all excavating, CONTRACTOR shall become thoroughly familiar with the site and site conditions. 3.02 PROTECTION A. CONTRACTOR shall provide all necessary sheeting and shoring including all labor, material, equipment, and tools required or as necessary to maintain the excavation in a condition to provide safe working conditions, to permit the safe and efficient installation of all items of Contract work, and to protect adjacent property. CONTRACTOR shall be held liable for any damage which may result to property from excavation or construction operations. Sheet piling and timbers in excavations shall be withdrawn in a manner so as to prevent subsequent settlement of structures. B. Nothing in this specification shall be deemed to allow the use of protective systems less effective than those required by the Occupational Safety and Health Administration (OSHA) and other applicable code requirements. 3.03 UTILITIES A. Before starting excavations, CONTRACTOR shall locate existing underground utilities in all areas of the work. B. If utilities are to remain in place, CONTRACTOR shall provide adequate means of protection during earthwork operations. C. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult utility owner immediately for directions. D. Cooperate with OWNER and utility companies in keeping respective services and facilities in operation, and repair any damaged utilities to satisfaction of utility owner. E. CONTRACTOR shall not interrupt existing utilities serving facilities occupied and used by OWNER or others except when permitted in writing by OWNER. Section 02222 -2 1154.005/1 -2009 F. CONTRACTOR shall demolish and completely remove from the site existing underground utilities indicated to be removed after utility has been capped and sealed. G. CONTRACTOR shall accurately locate and record abandoned and active utility lines rerouted or extended on project record drawings. 3.04 FINISH ELEVATIONS AND LINES A. CONTRACTOR is responsible for setting and establishing finish elevations and lines. 3.05 EXCAVATION A. All excavated material that does not meet the specification for compacted fill or embankment fill or meets the specification but is not required for backfill or fill shall be classified as excess material and shall be removed from the site and disposed of at CONTRACTOR's expense. B. Excavation for all footings, foundation walls, pits, etc., shall be large enough to provide adequate clearance for the proper execution for the work within them. C. No footings or slabs shall bear on the top 2 feet of existing soil. Where planned subgrade is within 2 feet of existing grade, remove soils to 2 feet below existing grade and backfill with compacted fill up to subgrade elevation. D. When excavations reach subgrade elevations as shown on the drawings, or as specified herein, the Project Soils Engineer will observe the bottom material. Where, in the opinion of the Project Soils Engineer, unsuitable foundation material is found at the level of the subgrade, original material below the excavation necessary for construction according to grades shown or specified, shall be removed and replaced with material and placing methods as specified under compacted fill and backfill. E. Excavations that are undercut beneath the foundation shall extend beyond the perimeter of the foundation one foot plus a distance at least equal to the depth of undercut below footing grade. F. CONTRACTOR shall backfill and compact all overexcavated areas. 3.06 PREPARATION OF SUBGRADE A. After the site has been cleared, stripped, and excavated to subgrade, thoroughly compact subgrade to the requirements specified for compacted fill below. Scarify and moisture condition the subgrade as recommended by the Project Soils Engineer. B. Remove all ruts, hummocks, and other uneven surfaces by surface grading prior to placement of fill. 3.07 COMPACTED FILL AND BACKFILL A. All fill and backfill, except as otherwise specified, shall be compacted fill placed to within 4 inches of the bottom of the topsoil or to the bottom of the structure or other improvement. Section 02222 -3 1154.005/1 -2009 B. Unless otherwise noted, structures with a top slab shall not be backfilled until the slab is in place and has reached its specified 28 -day strength. C. In fill areas above existing grade around structures, compacted fill shall be placed within a minimum of 10 feet from the structure. D. No fill shall be placed under water or over unsuitable subgrade conditions. E. All fill and backfill, except embankment fill and clay fill, shall be compacted as follows: 1. Class 1 Compaction: This class of compaction shall apply to all fill areas under buildings, structures, piping, bituminous roadway and parking areas, curb and gutter, and backfill within ten feet of structure walls. All compacted material shall be placed in uniform layers not exceeding 8 inches in loose thickness prior to compaction. Each layer shall be uniformly compacted to a dry density at least 95% of the maximum dry density as determined by a laboratory compaction test at the optimum moisture content (ASTM Test Designation D1557). Compaction shall be obtained by compaction equipment appropriate for the conditions. 2. Class 2 Compaction: This class of compaction shall be used in excavated areas beyond 10 feet of structures without any piping or adjacent foundations. Material for backfill shall be granular material as specified above. The material shall be deposited, spread, and leveled in layers generally not exceeding 12 inches in thickness before compaction. Each layer of the fill shall be compacted to at least 90% of the maximum dry density (testing same as Class 1). Compaction shall be obtained by compaction equipment appropriate for the conditions. F. No frozen material shall be placed nor shall any material be placed on frozen ground. G. Four inches of clay fill shall be placed and compacted to at least a firm consistency in areas to be seeded or sodded prior to placement of topsoil. 3.08 GRADING A. CONTRACTOR shall perform all rough and finish grading required to attain the elevations shown on the drawings. B. Grading Tolerances: 1. Rough Grade: Buildings, parking areas, and sidewalks — ±0.1 feet. 2. Finish Grade: Granular cushion or crushed stone mat under concrete slabs — ±0.03 feet. 3. Lawn areas away from buildings, parking areas, and sidewalks — ±0.25 feet. END OF SECTION Section 02222 -4 1154.005/1 -2009 SECTION 02831 CHAIN LINK FENCE PART 1— GENERAL 1.01 SUMMARY A. Work includes providing all chain link fencing, complete, as shown on the drawings. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. ASTM Al21— Zinc - Coated (Galvanized) Steel Barbed Wire. B. ASTM Al23 —Zinc (Hot Dip Galvanized) Coatings on Iron and Steel Products. C. ASTM A153 —Zinc Coating (Hot -Dip) on Iron and Steel Hardware. D. ASTM A181— Forgings, Carbon Steel for General Purpose Piping. E. ASTM A392 —Zinc- Coated Steel Chain -Link Fence Fabric. F. ASTM A428— Weight of Coating on Aluminum- Coated Iron or Steel Articles. G. ASTM A446 —Steel Sheet, Zinc - Coated (Galvanized) by the Hot -Dip Process, Structural (Physical) Quality. H. ASTM A491— Aluminum- Coated Steel Chain Link Fence Fabric. I. ASTM A569— Steel, Carbon (0.15 Maximum Percent), Hot - Rolled Sheet and Strip Commercial Quality. J. ASTM A585— Aluminum- Coated Steel Barbed Wire. K. ASTM A641— Zinc - Coated (Galvanized) Carbon Steel Wire. L. ASTM F567— Installation of Chain -Link Fence. M. ASTM F669— Strength Requirements of Metal Posts and Rails for Industrial Chain Link Fence. N. ASTM F1083 —Pipe, Steel, Hot - Dipped Zinc - Coated (Galvanized) Welded, for Fence Structures. O. ASTM F1234— Protective Coatings on Steel Framework for Fences. P. Chain Link Fence Manufacturers' Institute (CLFMI)— Product Manual. Section 02831 -1 1154.005/1 -2009 PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. The chain link fence shall be USS Cyclone, Century Fence, or equal. 2.02 POSTS, RAILS AND BRACES A. Construction: 1. All posts and rails shall be either Type 1 Schedule 40 pipe with 1.8 ounce per square foot zinc coating conforming to ASTM Specification F -1083; or Type II pipe manufactured from steel conforming to ASTM A -569 Cold- Formed, Electric Welded and Triple Coated with ounce ±0.1 ounce zinc per square foot, 30° 15 micrograms chromate, 0.5° 0.2 mils clear cross - linked polyurethane acrylic exterior coating. 2. Internal surface shall be given corrosion protection by 0.2 -inch rich based organic coating with 87% minimum zinc powder loading, with the capacity of withstanding 300 hours when subjected to Salt Spray Test ASTM B -117 with 5% maximum red rust. 3. Intermediate posts shall be 2.5 -inch O.D., round column Type 1 3.65 pounds per foot, Type II 3.12 pounds per foot, or 2.25 -inch by 1.7 -inch 11 gauge "C" Section. 4. All posts shall be braced with the same material as top rail and trussed to line posts with 3/8- inch - diameter rods and tightened. One brace assembly shall be provided with each end or gate post and two assemblies with each corner or pull post. 5. All end, corner, and pull posts shall be 2 7/8 -inch O.D. standard weight pipe, Type 1 5.79 pounds per linear foot, or Type II 4.64 pounds per foot. 6. Pipe posts shall have tops which exclude moisture. 7. Rails shall be 1 1/5-inch by 1 1/4-inch 14 gauge rolled formed section or 1 5/8 -inch O.D. Type 1 2.27 pound per foot, or Type II 1.84 pounds per foot pipe. 2.03 FABRIC A. Construction: 1. Fabric to be No. 9 gauge steel wire or aluminum- coated steel wire woven in a 2 -inch mesh; top selvage to have barbed finish, bottom selvage to be knuckled. 2. Galvanized coating of wire surface shall be in accordance with A392 -68T. Zinc coating shall be Class 2, minimum of 2 oz. of zinc per square foot of wire surface. The weight of coating shall be determined by the strip test, ASTM A -428. Aluminum coating shall conform to ASTM A491 and shall be 0.40 oz/sq ft minimum. 3. Fabric height shall match existing. 2.04 ACCESSORIES A. General: All accessories, except tie wires and barbed wire, shall be galvanized to comply with ASTM A 153. B. Barbed Wire: 1. Provide 3 strands of barbed wire at top of fence. 2. Barbed wire shall be 2- strand, 12 1/2 -gauge wire with 14- gauge, 4 -point round barbs spaced approximately 5 -inch o.c. 3. Finish shall be galvanized to meet ASTM A 121, Class 3 or aluminized to meet ASTM A 585, Class 2. Section 02831 -2 1154.005/1.2009 C. Barbed Wire Supporting Arms: 1. Arms shall be heavy pressed steel complete with provisions for anchorage to tubular end, corner, and pull posts attaching 3 rows of barbed wire to each arm. 2. Arms not required on roll- formed terminal posts. 3. Single arms shall be integral with,a post top weather cap. 4. Intermediate arms shall have hole for passage of top rail. 5. Arms shall be capable of withstanding, without failure, 250 pounds of downward pull at outermost end of arm. D. Post Tops: 1. Material shall be pressed steel or malleable iron. 2. Top shall be weathertight. 3. Top shall permit passage of top rail. E. Stretcher Bars: 1. Stretcher bars required for tubular end, corner, pull, or gate posts. 2. Bars shall be one -piece lengths equal to full height of fabric with minimum cross section of 3/16 -inch by 3/4 -inch. 3. Provide one stretcher bar for each gate and end post and two stretcher bars for each corner and pull post. F. Stretcher Bar Bands: 1. Material shall be heavy pressed steel. 2. Spacing shall be 15 inches maximum o.c. to secure stretcher bar to tubular end, corner, pull, and gate post. G. Tension Wire: 7 gauge, zinc - coated steel wire. 2.05 CONCRETE A. Concrete shall be Type A or A -FA as specified in Section 03300 — Cast -in -Place Concrete. PART 3—EXECUTION 3.01 INSTALLATION A. Install framework, fabric, accessories, and gates in accordance with ASTM F567 and manufacturer's instructions. B. Place fabric on outside of posts and rails. C. Set posts plumb in concrete footings with top of footing 6 inches below finish grade. Concrete bases shall be crowned at the post and have a smooth troweled finish. Post footings shall be minimum 10 inches in diameter and shall extend 36 inches minimum below finish grade. D. Posts shall be provided at 10 feet on center maximum. E. Brace each corner post to adjacent line post with horizontal center brace rail and diagonal truss rods. Provide brace rail one bay from end and gate posts. Section 02831 -3 1154.005/1 -2009 F. Provide top rail through line post tops and splice with sleeves. G. Provide center bottom brace rail on corner gate leaves. H. Do not stretch fabric until concrete foundation has cured 14 days. I. Stretch fabric between terminal posts or at intervals of 100 feet maximum, whichever is less. J. Position bottom of fabric 2 inches above finished grade. K. Fasten fabric to top rail, line posts, braces, and bottom tension wire with tie wire at maximum 15 inches on centers. L. Attach fabric to end and corner posts with tension bars and tension bar clips. M. Provide bottom tension wire stretched taut between terminal posts. N. Provide support arms sloped outward and attach barbed wire; tension and secure. 3.02 ERECTION TOLERANCES A. Maximum Variation From Plumb: 1/4 inch. B. Maximum Offset From True Position: 1 inch. C. Components shall not infringe adjacent property lines. END OF SECTION Section 02831 -4 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Placement of topsoil. 2. Fertilizing. 3. Seeding. 4. Mulching. 5. Maintenance. 1.02 REFERENCES 1.03 QUALITY ASSURANCE PART 2— PRODUCTS 2.01 TOPSOIL SECTION 02930 RESTORATION B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. C. Payment: Payment for restoration shall be at the lump sum price bid. Costs for topsoiling, seeding, fertilizer, mulching, and maintenance of restored areas shall be included in the lump sum price bid. One percent of the total Contract price shall be retained following project completion until a uniform 2 -inch growth of vegetation is established over all restored areas. CONTRACTOR shall be responsible to make his own computations for area restoration. A. Standard Specifications: Unless otherwise indicated, Standard Specifications shall refer to the Iowa Department of Transportation, Standard Specifications for Highway and Bridge Construction, current edition, including all issued supplemental specifications. A. All work shall be in accordance with Standard Specifications, unless noted otherwise. A. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site; free of subsoil, stones greater than 3/4 -inch in size, clay or impurities, plants, weeds and roots; pH value of minimum 5.4 and maximum 7.0. B. Topsoil from the site may be used if it meets the above requirements. 2.02 SEED A. Seed mixture shall be as specified in the Standard Specifications. Section 02930 -1 1154.005/1 -2009 2.03 FERTILIZER A. Fertilizer shall be as specified in the Standard Specifications. PART 3— EXECUTION 3.01 TOPSOIL A. Placing topsoil shall be in accordance with the Standard Specifications. Topsoil shall be placed to a uniform depth of 6 inches in place. Topsoil placement shall be incidental to sodding or seed, fertilizer, and mulching. 3.02 SEEDING A. Seeding shall be performed in accordance with the Standard Specifications. B. Seed shall be applied at the rates specified in the Standard Specifications. 3.03 FERTILIZER A. Fertilizer shall be applied per the Standard Specifications. 3.04 MULCHING A. All areas receiving seed shall be mulched. B. Mulching shall be performed in accordance with the Standard Specifications. END OF SECTION Section 02930 -2 1154.005/1 -2009 SECTION 03300 CONCRETE PART 1— GENERAL 1.01 SUMMARY A. Work Included: Formwork, reinforcement, cast -in -place concrete, and accessories. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. ACI 211 -1— Selecting Proportions for Normal and Heavy Weight Concrete. B. ACI 301— Structural Concrete for Buildings. C. ACI 304 — Measuring, Mixing, Transporting, and Placing Concrete. D. ACI 305R —Hot Weather Concreting. E. ACI 306R —Cold Weather Concreting. F. ACI 315 — Manual of Standard Practice for Detailing Reinforced Concrete Structures. G. ACI 318 — Building Code Requirements for Reinforced Concrete. H. ACI 347 — Recommended Practice for Concrete Formwork. I. ASTM A82 —Cold —Drawn Steel Wire for Concrete Reinforcement. J. ASTM A185— Welded Steel Wire Fabric for Concrete Reinforcement. K. ASTM A615— Deformed and Plain Billet —Steel Bars for Concrete Reinforcement. L. ASTM C33— Concrete Aggregates. M. ASTM C94 —Ready Mixed Concrete. N. ASTM C143 —Slump of Portland Cement Concrete. O. ASTM C150— Portland Cement. P. ASTM C231 —Air Content of Freshly Mixed Concrete by the Pressure Method. Q. ASTM C260— Air - Entraining Admixtures for Concrete. R. ASTM C494— Chemical Admixtures for Concrete. Section 03300 -1 1154.005!1 -2009 S. ASTM D994— Preformed Expansion Joint Filler for Concrete (Bituminous Type). T. ASTM D1752— Performed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. U. CRSI — Manual of Standard Practice. 1.03 DESIGN A. All formwork shall be designed in accordance with ACI 347. B. CONTRACTOR shall assume the responsibility for the complete design and construction of the formwork. 1.04 SUBMITTALS A. Submit shop drawings in accordance with Section 01300 — Submittals. B. Reinforcing shop drawings shall be in accordance with ACI 315. C. Submit the following information: 1. Gradation of fine and coarse aggregate —ASTM C33. 2. Specific gravity and dry rodded density of each aggregate. 3. Test of deleterious substances in fine and coarse aggregate —ASTM C33. 4. Design mix of each individual concrete mix to be used. 5. Previous test results or trial batch results with 7- and 28 -day compressive strengths of each concrete mix proposed. 6. Certified mill test results for cement identifying brand, type, and chemistry of cement to be used. 7. Brand, type, principal ingredient, and amount of each admixture to be used. 1.05 QUALITY ASSURANCE A. Formwork shall comply with the requirements of ACI 301 and ACI 347. B. All concrete shall be in accordance with the referenced standards except as specified otherwise. PART 2— PRODUCTS 2.01 FORMWORK A. Forms shall be of wood, plywood, steel, fiberboard lined, or other approved materials which will produce concrete which meets the specified requirements. The type, size, quality, and shape of all materials of which the forms are made are subject to the review of ENGINEER. B. Internal wall ties shall contain positive stops at the required wall thickness. The exterior clamp portions of the tie shall be adjustable in length. Ties shall provide a positive disconnection on both ends 1 to 1 1/2 inches inside the finished face of the concrete. Section 03300 -2 1154.005/1 -2009 C. Provide commercial formulation form - coating compounds that will not bond with, stain, nor adversely affect concrete surfaces requiring bond or adhesion, nor impede the wetting of surfaces to be cured with water or curing compounds. D. Provide 3/4 -inch by 3/4 -inch wood or plastic chamfer strips at all exposed corners, except as noted. 2.02 REINFORCEMENT A. Reinforcing bars shall comply with ASTM A615, Grade 60. Steel wire shall .comply with ASTM A82. Welded wire fabric shall comply with ASTM A185. B. Reinforcing shall be bent cold in shop and all bends shall conform to ACI standards. Heating of reinforcement will not be permitted, and reinforcement shall not be bent or straightened in any manner that will injure the steel. Fabrication tolerances shall comply with CRSI Manual. Unless otherwise shown on the plans, all end hook dimensions shall conform with "ACI Standard Hooks." 2.03 CONCRETE A. All cement used shall be Portland Cement Type 1 conforming to requirements of ASTM C150. The aggregate shall be well graded from coarse to fine. The maximum size aggregate shall be 1 1/2 -inch for concrete pours thicker than 10 inches and 3/4 -inch for pours 4 inches to 10 inches thick. All aggregate shall meet the requirements of ASTM C33. Water shall be clean and free from injurious amounts of oil, alkali, and organic matter. B. Concrete shall have a 28 -day minimum compressive strength of 4,000 psi, minimum cement content of six sacks per cubic yard, and a maximum of 5.5 gallons of total water per sack. The slump of the concrete shall be within the range of 2 to 31/2 inches. An air - entraining admixture conforming to ASTM C260, equal to "Darex," shall be used in all concrete to obtain 4% to 7% air content. A water reducer meeting ASTM C494 Type A requirements shall be included in the mix. Mixes shall be designed in accordance with ACI 211.1. PART 3— EXECUTION 3.01 FORMWORK A. Forms shall conform to the shape, line, grade, and dimensions as shown on the drawings. They shall be mortar -tight and sufficiently rigid to prevent displacement or sagging between supports and shall support the loads and pressures without deflection from the prescribed lines. They shall be properly braced or tied together so as to maintain position and shape and insure safety to workmen and passersby. B. Variations from plumb shall not exceed 1/4 -inch in 10 feet, and variation in linear lines shall not exceed 1/2 -inch in 20 feet. These and other tolerances specified in ACI 347 shall be considered a part of this specification. Section 03300 -3 1154.005/1 -2009 C. Supporting forms and' shoring shall not be removed until the member has acquired sufficient strength to support its own weight and the construction live loads on it. All form removal shall be accomplished in such a manner that will prevent injury to the concrete and will insure complete safety of the structure. 3.02 REINFORCEMENT A. Comply with the specified standards for details and methods of placing reinforcement and supports. Clean reinforcement to remove loose rust, mill scale, earth, and other materials which reduce or destroy bond with concrete. B. Splices in reinforcement shall be avoided wherever possible. Splices shall be Class B, Category 1 in accordance with ACI 318. Welded wire fabric shall be lapped at least one full mesh. C. After reinforcement is placed, and before placing concrete over it, ENGINEER shall be allowed sufficient time to observe the reinforcing. All reinforcing must be securely positioned prior to placing concrete. D. Minimum Reinforcing: Where reinforcing is not shown, provide a minimum of #4 at 8 -inch centers each way in members 10 inches or less in thickness and #5 at 12 -inch centers each way in each face in members greater than 10 inches thick. 3.03 CONCRETE A. Before placing concrete, all equipment, forms, ground, reinforcements, and other surfaces with which the concrete will come in contact are to be thoroughly cleaned of all debris, ice, and water. Ground shall be wetted prior to placement of concrete on it. B. Ready mixed concrete shall be batched, mixed, and delivered in accordance with ASTM C94 and ACI 304. C. Concrete shall be deposited in approximately horizontal layers not to exceed 18 inches in thickness. Each layer shall be well worked into the preceding layer while both layers are still soft. All concrete shall be compacted with mechanical vibration equipment. D. Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The maximum allowable lateral movement of the concrete after being deposited is 3 feet. When concrete placement is started, it shall be carried on as a continuous operation until the placing of the section or panel is completed. E. All concrete shall be maintained in a moist condition for seven days by free water, wet covering, or curing compound. F. When atmospheric temperature exceeds 80 °F during concrete placement, the provisions of ACI 305 shall be followed. G. Cold weather concreting shall conform to all requirements of ACI 306.1. Cold weather is defined as a period when, for more than 3 successive days, the average daily temperature drops below 40 °F. The average daily temperature is the average of the highest and lowest temperature during the period from midnight to midnight. When temperatures above 50 °F Section 03300 -4 1154.005/1 -2009 occur during more than half of any 24 -hour period, the period will no longer be regarded as cold weather. H. After the curing period, the temperature of the concrete shall be reduced uniformly at a rate not to exceed 20 °F per 24 hours. The use of salt or other chemical admixtures for the prevention of freezing is prohibited. I. The top surfaces of floor slabs shall be screeded, floated, and then steel troweled to a smooth, dense finish. Exterior slabs shall then be broomed. All concrete surfaces shall have all fins, burrs, etc. removed by grinding, wire brushed, or tapping off with a hammer as required to be left in a smooth condition. J. CONTRACTOR shall make and have tested three test cylinders for each pour less than 25 cubic yards, four test cylinders shall be made for each pour between 25 and 100 cubic yards, and eight test cylinders made for each pour in excess of 100 cubic yards. CONTRACTOR shall perform one slump test and one air test for each set of 4 cylinders. In no case shall a given concrete mix be represented by less than four cylinders for the entire job. A slump test conforming to ASTM C143 shall be performed for each set of cylinders. An air test conforming to ASTM C231 (pressure method) shall be made for each set of cylinders. All costs of additional testing and sampling of fresh or hardened concrete needed because of suspected or actual violation of the specifications shall be borne by CONTRACTOR. Acceptance of cast -in -place concrete will be based on performance of material tests to those specified. Concrete not meeting the specified range of slump and /or air will be rejected at the site. Concrete not meeting compressive strength requirements as demonstrated by test cylinders may be subject to removal or reduction in payment. ENGINEER shall receive a copy of the test results. All concrete testing costs shall be borne by CONTRACTOR. END OF SECTION Section 03300 -5 1154.005/1 -2009 SECTION 16010 PART 1— GENERAL 1.01 SUMMARY A. Work includes general requirements for all electrical work. 1.02 REFERENCES A. ANSI /NFPA 70— National Electric Code. B. ANSI /IEEE C2. 1.03 CONTRACT DOCUMENTS GENERAL ELECTRICAL REQUIREMENTS B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. A. Any device roughed in improperly and /or not positioned on implied centerlines or as dictated by good practice shall be repositioned at no cost to OWNER. B. The drawings are generally diagrammatic, and CONTRACTOR shall coordinate the work so that interferences are avoided. Provide all offsets in conduit, fittings, etc., necessary to properly install the work. All offsets, fittings, etc., shall be provided without additional expense to OWNER. 1.04 REGULATORY REQUIREMENTS A. Conform to ANSI /NFPA 70. B. Conform to ANSI /IEEE C2. C. The rules and regulations of the federal, state, local, civil authorities, and utility companies in force at the time of execution of the Contract shall become a part of this specification. D. Obtain electrical permits and inspections from authority having jurisdiction. Costs for permits and inspections shall be by CONTRACTOR. 1.05 CODES AND ORDINANCES A. CONTRACTOR is expected to know or to ascertain, in general and in detail, the requirements of all codes and ordinances applicable to the construction and operation of systems covered by this Contract. CONTRACTOR shall know or ascertain the rulings and interpretations of code requirements being made by all authorities having jurisdiction over the work to be performed by them. Section 16010 -1 1154.005/1 -2009 B. In preparing Bid, CONTRACTOR shall include the cost of all items and procedures necessary to satisfy the requirements of all applicable codes, ordinances, and authorities, whether or not these are specifically covered by the drawings and specifications. All cases of serious conflict or omission between the drawings, specifications, and codes shall be brought to ENGINEER's attention as herein before specified. CONTRACTOR shall carry out work and complete construction as required by applicable codes and ordinances and in such a manner as to obtain approval of all authorities whose approval is required. C. When requested by ENGINEER, CONTRACTOR shall provide written calculations to show compliance with applicable codes or the Contract Documents. This shall include, but not be limited to, conduit and wire sizing, junction and pull box fill and sizing, manhole sizing, conductor derating, and voltage drop. CONTRACTOR shall indicate calculation method used as well as compliance with applicable code, drawing, or specification. 1.06 EQUIPMENT PROVIDED UNDER OTHER DIVISIONS A. Included in this Contract are electrical connections to equipment provided under other divisions. CONTRACTOR shall refer to final shop drawings for equipment being furnished under other divisions, for exact location of electrical equipment, and the various connections required. 1.07 ELECTRICAL DISTRIBUTION SYSTEM A. Provide a complete electrical distribution system consisting of components indicated on the drawings or specified herein, including but not limited to: 1. All miscellaneous equipment coordination and related appurtenances required by power company. 2. 480 volt, 3 phase, 4 wire service entrance conductors. 3. Feeders, branch wiring, and electrical distribution equipment. 4. All control wiring. 5. Access panels and access doors for access to equipment installed by Division 16. 6. Wiring between system components if equipment is not prewired. 7. Support system design and supports for electrical raceways. 8. Code - required disconnects. B. Provide a standby power system consisting of components indicated on the drawings. (See Section 16230 - Standby Power System and Section 16253 - Service Entrance Automatic Transfer Switch.) C. CONTRACTOR shall connect the equipment furnished by other Divisions specified herein. D. Provide balancing and adjusting of electrical loads. E. CONTRACTOR shall instruct OWNER's representative in the operation and maintenance of all equipment. The instruction shall include a complete operating cycle on all apparatus. F. Provide miscellaneous items for a complete and functioning system as indicated on the drawings and specified herein. G. A partial list of work not included in Division 16 is as follows: Painting (except as otherwise specified herein). Section 16010 -2 1154.005/1 -2009 1.08 NOISE A. Eliminate any abnormal noises which are not considered by ENGINEER to be an inherent part of the systems as designed. Abnormal buzzing in equipment components will not be acceptable. 1.09 DRAWINGS A. The drawings indicate approximate locations of the various items of the electrical systems. These items are shown approximately to scale and attempt to show how these items should be integrated with building construction. Locate all the various items by on-the-job measurements in conformance with Contract Documents and cooperation with other trades. B. In certain instances, electrical devices and equipment, may be relocated. Where relocation is within 10 feet of location shown on drawings, and when CONTRACTOR is informed of necessary relocation before work is begun on this portion of the job, the relocation shall be at CONTRACTOR's expense. C. The drawings are schematic in nature and are not intended to show exact locations of conduit but rather to indicate distribution, circuitry, and control. 1.10 EXISTING UNDERGROUND UTILITIES A. Record drawings of existing underground electrical utilities are not available for this facility. CONTRACTOR shall excavate and verify the location of all underground electrical prior to installing new electrical equipment. This shall include, but not be limited to, feeders to structures and equipment, branch circuit wiring, phone and communication cabling, instrument wiring, and control wiring. CONTRACTOR shall temporarily relocate existing underground electrical to keep the existing facility in operation and for any new construction, and all costs for relocating existing electrical shall be included in the Bid. 1.11 SUBMITTALS A. CONTRACTOR shall submit to ENGINEER for approval prior to beginning work, shop drawings on the equipment and materials proposed to be furnished and installed. See Section 01300 — Submittals for requirements. B. CONTRACTOR shall, in addition, submit drawings and /or diagrams for review and for job coordination in all cases where deviation from the Contract Drawings are contemplated because of job conditions, interference or substitution of equipment, or when requested by ENGINEER for purposes of clarification of CONTRACTOR's intent. CONTRACTOR shall also submit detailed drawings, rough -in sheets, etc., for all special or custom -built items or equipment. Drawings and details under this section shall include, but not be limited to, the following, where applicable to this project: Electrical interconnection wiring diagrams; see Section 16230 — Standby Power Systems. C. These drawings and diagrams shall show all electrical switch and breaker sizes as well as the manufacturer's name and catalog number for each piece of equipment used. Section 16010 -3 1154.005/1 -2009 D. Equipment and material submittals must show sufficient data to indicate complete compliance with Contract Documents as follows: 1. Proper sizes and capacities. 2. That the item will fit in the available space in the manner that will allow proper service. 3. Construction materials and finishes. E. When the manufacturer's reference numbers are different from those specified, provide correct cross reference number for each item. The shop drawings shall be clearly marked and noted accordingly. F. When equipment and items specified include accessories, parts, and additional items under one designation, shop drawings shall be complete and include all components. G. See additional requirements of shop drawings under Division 1— General Requirements. PART 2—PRODUCTS 2.01 STANDARD PRODUCTS A. All equipment shall be UL and NEMA approved. B. Unless specified otherwise, major distribution equipment such as panelboards, switchboards, switchgear, motor control centers, motor starters, TVSS units, transformers, etc., shall each be by the same manufacturer. C. All equipment and wiring shall be selected and installed for conditions in which it will perform (e.g., general purpose, weatherproof, rain - tight, dust - tight, or any other special type). 2.02 SUBSTITUTION OF MATERIALS AND EQUIPMENT A. While it is not the intention of OWNER to discriminate against any manufacturer of equipment which may be equivalent to specified equipment, a strict interpretation of such equivalency will be exercised in considering any equipment offered as a substitute for specified equipment. CONTRACTOR shall submit with each request for approval of substitute material or equipment, sufficient data to show conclusively that it is equivalent to that specified in the following respects: 1. Performance: a. Capacity at conditions and operating speeds scheduled shall be equal to or greater than that of the specified equipment. b. Energy consumption at the point of rating shall not exceed that of the specified equipment. c. Vibration and noise production at the point of rating shall not exceed that of the specified equipment. 2. Materials of construction. 3. Gauges, weights, and sizes of all portions and component parts. 4. Design arrangements, methods of construction, and workmanship. 5. Coatings, finishes, and durability of wearing parts. 6. National reputation of the manufacturer as a producer of first quality equipment of the type under consideration. Section 16010 -4 1154.005/1 -2009 7. Availability of prompt, reliable, and efficient service facilities franchised by or affiliated with the equipment manufacturer. This shall include the maintenance of local stocks of critical replacement parts equal to those maintained for the specified equipment. B. Requests for substitution shall include CONTRACTOR's reason for the request. C. If ENGINEER does not consider the items equivalent to those specified, CONTRACTOR shall provide those specified. D. See General Conditions for additional requirements. PART 3— EXECUTION 3.01 CONTINUITY OF SERVICE A. CONTRACTOR shall provide and maintain continuous services (power, controls, alarms, etc.) during the entire construction period. B. No service shall be interrupted or changed without permission from OWNER. Written permission shall be obtained before any work is started. C. When interruption of service is required, all persons concerned shall be notified and a prearranged time agreed upon. Notice shall be a minimum of 72 hours prior to the interruption. 3.02 CLEANING UP AND REMOVAL OF RUBBISH A. All MCCs, enclosures, junction boxes, and pullboxes shall be cleaned of debris and wires neatly arranged with surplus length cutoff prior to installation of covers. B. Equipment shall be thoroughly cleaned of all stains, paint spots, dirt, and dust. All temporary labels not used for instruction or operation shall be removed. 3.03 CONCRETE WORK A. All cast -in -place concrete for new electrical equipment bases shown on the drawings shall be provided by CONTRACTOR except where specifically noted to be provided by others. Pads shall be 3 inches larger than equipment being supported. B. Concrete shall comply with Section 03300— Cast -In -Place Concrete. C. Provide all anchor bolts, metal shapes, and templates to be cast in concrete or used to form concrete for support of electrical equipment. 3.04 PAINTING A. All painting of electrical equipment shall be done by CONTRACTOR unless equipment is specified to be furnished with factory - applied finish coats. B. All electrical equipment shall be provided with factory - applied prime finish, unless otherwise specified. Section 16010 -5 1154.005/1 -2009 C. If the factory finish on any equipment furnished by CONTRACTOR is damaged in shipment or during construction, the equipment shall be refinished by CONTRACTOR to the satisfaction of ENGINEER. D. One can of touch -up paint shall be provided for each different color factory finish which is to be the final finished surface of the product. 3.05 CAULKING A. Caulk with a caulking sealant where indicated on the electrical drawings or hereinafter specified. B. Caulking sealant shall be silicone construction sealant as manufactured by General Electric or two -part polysulfide conforming to the requirements and bearing the seal of the Thiokol Chemical Corporation. C. Caulking sealant shall contain no acid or ingredients which will stain stone, corrode metal, or have injurious effect on painting. It shall be colored to match adjacent surroundings. D. Caulking shall be performed by craftsman skilled at such work. 3.06 BUILDING ACCESS A. CONTRACTOR shall arrange for the necessary openings in the building to allow for admittance of all apparatus. B. When the installation requires openings and access through existing construction and the openings are not provided, CONTRACTOR shall provide the necessary openings. 3.07 COORDINATION A. Provide wiring for all motors and all electrically powered or electrically controlled equipment. B. CONTRACTOR's drawings and specifications shall show numbers and ratings of all electrical devices being provided. Should any change in size or rating be made to any electrical equipment after the Contract is awarded, any additional costs because of these changes shall be the responsibility of CONTRACTOR. C. CONTRACTOR shall provide all line voltage power and control wiring (above and below 100 volts) for operation, control, and supervision of all motorized equipment including wiring between electrical equipment and control devices all herein specified and as shown on the drawings. CONTRACTOR shall provide raceways for ALL low voltage wiring. D. CONTRACTOR shall connect and wire all apparatus according to approved wiring diagrams furnished by the various trades. 3.08 EXCAVATION AND BACKFILL A. Backfilling of all trenches beneath concrete floor and stair slabs within building shall be accomplished with gravel fill and shall be specially compacted to same density as Section 16010 -6 1154.005/1-2009 surrounding area. Backfill of exterior trenches shall be compacted granular fill, unless otherwise noted. Compaction shall meet the requirements of Section 02222 — Excavation, Fill, Backfill, and Grading. B. Care shall be taken to insure no disturbance of bearing soil under foundations. C. CONTRACTOR shall follow underground pipe runs where possible to avoid additional rock excavation. See Division 2 for rock excavation requirements. 3.09 EQUIPMENT ACCESS AND LOCATION A. CONTRACTOR shall coordinate work of this division with that of other divisions so that all systems, equipment, and other components of the building will be installed at the proper time, will fit the available space, and will allow proper service access to those items requiring maintenance. This means adequate access to all equipment not just that installed under this division. Any components for the electrical systems which are installed without regard to the above shall be removed and relocated as required to provide adequate access at CONTRACTOR's expense. B. Where various items of equipment and materials are specified and scheduled, the purpose is to define the general type and quality level, not to set forth the exact trim to fit the various types of ceiling, wall, or floor finishes. Provide materials which will fit properly the types of finishes actually installed. C. All equipment, junction and pull boxes, and accessories shall be installed to permit access to equipment for maintenance. Any relocation of conduits, equipment, or accessories to provide maintenance access shall be accomplished by CONTRACTOR at no additional cost. D. Electrical equipment, devices, hardware, etc. shall be installed with ample space allowed for removal, repair, calibration or changes to the equipment. Ready accessibility to equipment and wiring shall be provided without moving other equipment which is to be installed or which is already in place. E. Locate electrical outlets and equipment to fit the details, panels, decorating, or finish of the space. ENGINEER shall reserve the right to make minor position changes of the devices before the work has been installed. 3.10 WORKMANSHIP A. Install work using procedures defined in NECA Standard of Installation. B. Location of equipment as shown on the drawings is approximate. C. Utilization equipment and control devices required under these specifications shall be mounted in a code - approved manner. D. Locations of utilization equipment and control devices as shown on drawings are within 10 feet of actual positions. Any mounting of this equipment within this 10 -foot distance will be performed at no additional cost to OWNER. Section 16010 -7 1154.005/1 -2009 E. Unless otherwise noted, equipment shall be fastened to building structure or equipment framework and not placed on the floor. F. Where materials, equipment apparatus, or other products are specified by manufacturer, brand name, and type or catalog number, such designation is to establish standards of desired quality and style and shall be the basis of the bid. G. Materials and equipment of the types for which there are National Board of Fire Underwriters' Laboratories (UL) listing and label service shall be so labeled and shall be used by CONTRACTOR. 3.11 AREA CLASSIFICATION A. As noted on the drawings. 3.12 MODIFICATIONS TO EXISTING CONSTRUCTION A. Alterations: 1. Alter, extend, and reconnect conduits as necessary. 2. Reconnect existing conduits which were reused, cut, or exposed because of construction as quickly as possible. 3. Where wiring is involved, new wires shall be "pulled -in" between the nearest available accessible reused outlets to the extent allowed by the governing code. 4. Furnish and install new conduits for wires if they cannot be "pulled -in" to existing conduits. 5. All new conduits, wiring, and electrical items shall be connected to the existing systems so as to function as a complete unit. 6. Where existing electrical equipment, devices, fixtures, electrically operated items, etc., interfere with any remodeling work, they shall be removed and reinstalled in another location to avoid such interferences. All existing and relocated equipment shall be left in good operating condition. B. CONTRACTOR shall remove all conduit and wiring associated with items specified herein and /or shown on the drawings to be removed. C. Include in Bid removal of existing electrical material and equipment as specified hereinafter, as noted on the drawings, or as needed by field conditions. END OF SECTION Section 16010 -8 1154.005/1 -2009 PART 1—GENERAL 1.01 SUMMARY SECTION 16110 CONDUIT A. Work Included: 1. Rigid metal conduit and fittings. 2. PVC externally and internally coated galvanized rigid metal conduit. 3. Polyvinyl chloride conduit and fittings. 4. Liquid -tight flexible metal conduit and fittings. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. ANSI C80.1 —Rigid Steel Conduit, Zinc - Coated. B. ANSI /NEMA FB 1— Fittings and Supports for Conduit and Cable Assemblies. C. NEMA RN 1 —PVC Externally and Internally Coated Galvanized Rigid Steel Conduit. 1.03 QUALITY ASSURANCE A. Manufacturers of Raceways: Firms regularly engaged in the manufacture of electrical raceways of the types and capacities required whose products have been in satisfactory use in similar service for not Tess than 5 years. B. Installer: A firm with at least 5 years of successful installation experience on projects with electrical wiring installation work similar to that for the project. C. Code Compliance: Comply with National Electrical Code (NFPA 70) and any and all local codes as applicable to construction and installation of electrical wiring devices, material, and equipment herein specified. D. UL Labels: Provide electrical cable, raceways, wire, connectors, outlets, switches, etc., which have been listed and labeled by Underwriters Laboratories. E. Prior to shipment to the site, all conduit provided shall be new, unused material, and may not have been stored outdoors or exposed to weather. F. NECA Standard: Comply with applicable portions of National Electrical Contractor's Association's "Standard of Installation." 1.04 SUBMITTALS A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. Section 16110 -1 1154.006/1 -2009 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING A. Provide color -coded thread protectors on the exposed threads of threaded rigid metal conduit. B. Handle conduit carefully to prevent end damage and to avoid scoring the finish. C. Store conduit inside and protect from weather. When necessary to store outdoors, elevate well above grade and enclose with durable, waterproof wrapping. PART 2— PRODUCTS 2.01 RIGID METAL CONDUIT AND FITTINGS A. Rigid Steel Conduit: ANSI C80.1. Heavy wall seamless tubing with hot - dipped galvanized coating. B. PVC coated conduit and fittings shall be internally and externally hot dipped galvanized rigid metal conduit with hot galvanized threads and PVC coating. PVC coating shall be UL listed with rigid metal conduit as the primary means of corrosion protection for the conduit, and PVC coating shall have an external 40 mil thickness with an internal 2 mil red urethane coating. Acceptable manufacturers shall be Plasti -bond RedH by Robroy Industries, Permacote Industries Supreme Conduit System, or equal. PVC coated conduit and fittings shall meet the following listings and manufacturing standards, and shall bear the ETL Verified PVC -001 label to signify conformance to the adhesion performance standard. 1. Federal Specification WW -C -581 E 2. ANSI C80.1 3. UL6 and UL 514B 4. ETL verified to Intertek ETL SEMKO high temperature water PVC coating adhesion test procedure. C. Conduit bodies for PVC coated rigid conduit shall be as manufactured by Plasti -bond RedH by Robroy Industries, Perma -Cote Industries Supreme Conduit System, or equal, and have a 40 mil PVC exterior coating and 2 mil red urethane interior coating. Conduit bodies shall be Form 7 style or pulling elbow and include domed, gasketed covers and stainless steel screws. CONTRACTOR shall select body style and size per application. D. Fittings and Conduit Bodies: ANSI /NEMA FB 1; threaded -type, material to match conduit. 2.02 LIQUID -TIGHT FLEXIBLE METAL CONDUIT AND FITTINGS A. Conduit: Electro- galvanized single strip steel with PVC coating and integral grounding conductor. Liquid -tight conduit installed in exterior locations shall be sunlight resistant. B. Fittings and Conduit Bodies: ANSI /NEMA FB 1. Section 16110 -2 1154.005/1 -2009 2.03 POLYVINYL CHLORIDE CONDUIT (PVC) AND FITTINGS A. Conduit: Heavy wall rigid, Schedule 40, UL listed for underground, encased, and above - ground applications. PVC conduit installed in exterior locations shall be UV resistant. B. Fittings and Conduit Bodies: ANSI /NEMA FB 1. 2.04 CONDUIT SUPPORTS AND SPECIAL FITTINGS A. Supports in NEMA 4X areas shall be 316 stainless steel. B. Conduit Clamps, Straps, and Supports: Galvanized or stainless steel, according to area classification. See Section 16190 - Supporting Devices for additional requirements. C. Watertight Hubs: Die -cast, insulated, and gasketed, rated for wet or dry locations, indoors or outdoors. Water tight hubs shall be Appleton HUB, Crouse -Hinds Meyers Hubs, or equal. PART 3— EXECUTION 3.01 CONDUIT SIZING, ARRANGEMENT, AND SUPPORT A. Size conduits for branch circuit conductors and control wires so as to have not Tess than 25% spare capacity after installation; 3/4 -inch minimum size. Minimum size for liquid -tight flexible metal conduit is 1/2 -inch. B. Maintain at least 1 inch of separation between conduit sizes to 1 1/2 inches and 2 inches between conduits 1 1/2 inches or larger. Maintain 1 foot of separation between signal conduits (below 100 volts) and power conduits (100 volts and above). 3.02 CONDUIT INSTALLATION A. Provide for the proper application, installation, and location of inserts, supports, and anchor bolts for a satisfactory raceway system. Where any component of the raceway system is damaged, replace or provide new raceway system. B. Run conduits concealed to avoid adverse conditions such as heat and moisture, to permit drainage, and to avoid all materials and equipment of other trades. Maintain a minimum clearance of 6 inches from high - temperature piping or duct work. C. Conduit shall run exposed. Run exposed conduit grouped and parallel or perpendicular to construction. Do not route exposed conduits over boilers or other high - temperature machinery nor in contact with such equipment. D. Conduits shall be attached to building surfaces and not suspended unless installed in a unistrut type conduit rack as specified herein. Individual conduits shall not be suspended. Clevis hangers are not allowed. E. Center conduit in structural slabs (other than topping), clear of reinforcing steel and spaced on centers equal or exceeding three times the conduit diameter. Outside diameter of Section 16110 -3 1154.005/1 -2009 conduit shall not exceed 1/3 the slab thickness for each run of conduit 1 1/4 -inch or larger. Provide shop drawings when it will be installed in structural slabs. F. All conduits that protrude from poured concrete shall be PVC coated rigid conduit. Conduit shall extend a minimum of four feet beyond the poured concrete (both sides). G. Conduits passing through masonry, concrete, or similar construction shall be cast -in -place using PVC coated rigid conduit extending completely through the construction. H. Where above -grade conduits pass through cores in existing structures or through masonry walls, grout openings between conduit and walls or floors with sand - cement mortar consisting of one part Portland cement and three parts sand, by volume. Add sufficient water to make a stiff, placeable mortar. I. Conduit shall not be run in slabs -on -grade or structural topping slabs. J. Ream conduit smooth at ends, cap upon installation, rigidly attach to structural parts of the building, and securely fasten to all outlet boxes, panel cabinets, junction boxes, pull boxes, splicing chambers, safety switches, and all other components of the raceway system. K. Independently support or attach the raceway system to structural parts of construction in accordance with good industry practice. Conduits through roofs shall be equipped with pitch pockets. L. Provide all empty raceways 2 1/2 -inch and over with #10 galvanized fishwire, and nylon cord for conduits smaller than 2 1/2 -inch. Empty raceways and fishwire /nylon cord shall be identified with permanent label, and label shall include conduit termination point. All empty conduits shall be threaded, capped and flush with finished floor. Exposed conduits shall be threaded and capped. M. Provide conduit raceway for exposed cables that are not sunlight resistant. This shall include, but not be limited to, instrument wiring, motor terminators, etc. N. Conduit attached to building surfaces which may be damp shall be spaced out to avoid rust and /or corrosion using fittings approved for the use. Use back - straps on all conduit in damp or wet locations or mount conduit with Unistrut straps, or equal. Watertight hubs, shall be used in all damp locations. Damp locations shall include, but not be limited to, all basement areas, tunnel areas, exterior locations, garage areas, all wet wells and dry wells, all areas below grade, and any wash -down areas. 0. Conduit seals shall be provided where conduits pass from the interior to exterior of the building, where conduits enter a room which at any time is a low or high temperature room, where conduits enter a room which at any time is subject to internal air pressures above or below normal, and any conduit entering a NEMA 4X area. P. Conduits shall be securely fastened to building structure at intervals not exceeding 8 feet or closer, if necessary, with one -hole malleable straps. Where hangers are necessary, 3/8 -inch rod /eyelets /rings /or trapeze -type in Unistrut channel and pipe clamps shall be used. Wire or perforated strap iron is not acceptable. PVC conduit shall be securely fastened to building structure at intervals not exceeding 3 feet. Section 16110 -4 1154.005/1 -2009 Q. Liquid -tight flexible conduit shall be installed in such a manner that liquids tend to run off the surfaces and not drain toward the fittings. R. All runs of flexible conduit to equipment and devices shall be as short as practicable, of the same size as the conduit it extends, and with enough slack to reduce the effects of vibration to a minimum. A minimum of 18 inches of flexible conduit shall be installed for each motor. S. Where fittings are brought into an enclosure with a knock -out, a gasket assembly consisting of an "0" ring and retainer shall be installed on the outside. Fittings shall be insulated throat -type. T. All conduit installed below grade shall be buried a minimum of 2 feet 0 inches. U. Conduit bends for PVC conduit shall be made using a hot box, heat blanket, or glycol bender. Open flame or point heat sources of any type are not allowed. 3.03 CONDUIT INSTALLATION SCHEDULE A. The following schedule lists specific conduit types allowed in designated areas. Those areas not listed under a specific conduit type shall not have that type of conduit installed. 1. Rigid steel: a. Utility Mast Raceway (if required). b. All exposed interior locations. 2. PVC coated rigid steel: a. Conduits protruding from concrete. b. Earth. c. Within 6 feet of building or structure footing, wall or manhole. d. All exposed exterior locations. 3. PVC: Earth, except within 6 feet of a building or structure footing, wall, or manhole, and under pavement or roadways (Schedule 80 only). 4. Liquid -tight flexible metal conduit not over 4 feet in length for final connections to: a. Equipment in wet locations. b. Equipment with sliding bases or flexible positioning. c. Equipment with vibration isolation mounting. d. Equipment housing ferromagnetic cores or with integral moving components capable of generating noise or vibrations, including transformers and motors. END OF SECTION Section 16110 -5 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY SECTION 16120 WIRE A. Work Included: 1. Wire. 2. Terminal blocks and accessories. 3. Wiring connections and terminations. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 QUALITY ASSURANCE A. Manufacturers of Wire: Firms regularly engaged in the manufacture of electrical wire products of the types and ratings needed whose products have been in satisfactory use in similar service for not less than 5 years. B. Installer: A firm with at least 5 years of successful installation experience on projects with electrical wiring installation work similar to that in this project. C. Code Compliance: Comply with National Electrical Code (NFPA 70) and any and all local codes as applicable to construction and installation of electrical wiring devices, material, and equipment herein specified. D. UL Labels: Provide electrical raceways, wire, connectors, outlets, switches, etc., which have been listed and labeled by Underwriters Laboratories. E. NECA Standard: Comply with applicable portions of National Electrical Contractor's Association's "Standard of Installation." 1.03 SUBMITTALS A. Submit shop drawings and product data under the provisions of Section 01300 — Submittals. B. Submit shop drawings for wiring system including layout of distribution devices, branch circuit conduit and cables, circuiting arrangement, and outlet devices. C. Submit manufacturer's instructions. 1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Provide factory- wrapped, waterproof, flexible barrier material for covering wire on wood reels, where applicable; and weather - resistant fiberboard containers for factory- packaging of wire, connectors, outlets, boxes, lamps, fuses, etc., to protect against physical damage in transit. Do not install damaged wire or other material; remove from project site. Section 16120 -1 1154.005/1 -2009 2.01 WIRE B. Store wire and other material in factory- installed coverings in a clean, dry, indoor space which provides protection against the weather. PART 2— PRODUCTS A. All wire for permanent installation shall be new XHHW -2 type insulation, stranded copper, delivered to project in unopened cartons or reels, except where specifically noted and be UL listed for the use intended. No wire smaller than 12 AWG shall be used unless specifically noted. The use of multi- conductor cable is NOT ALLOWED. B. All available colors shall be used; however, green shall be used only for equipment grounds. Where color -coded wire in larger sizes is not available, one wrap of 1- inch -wide, colored, self- adhesive tape at each terminal end shall be used for identification. Initial phase color shall be used throughout the run, even for switch legs. Colors must meet code requirements for each class voltage. Do not duplicate colors, including neutral, on different voltages. C. Color Coding: D. Circuits 150 feet or over shall be sized for a maximum 2% voltage drop. 2.02 WIRING CONNECTIONS AND TERMINATIONS A. Stranded conductors may only be terminated with UL or ETL Listed type terminations or methods: e.g. stranded conductors may not be wrapped around a terminal screw but must be terminated with a crimp type device. B. Provide insulated, silicone - filled spring wire connectors with plastic caps for 8 AWG conductors and smaller. Connectors shall be King Silicone - Filled Safety Connectors, or equal. Spring wire connectors shall only be allowed in junction, outlet, or switch boxes. C. Provide in -line splices for all conductor connections, 6 AWG and larger. Splice crimp component shall be Burndy copper compression splice long barrel, beveled entry, type YS, or equal. Splice shall be made with crimp tool by manufacturer that allows expanded conductor ranges. Splice insulation component shall be Raychem heavy -wall, low voltage tubing, type WCSM, or equal. No splices will be allowed unless approved by ENGINEER. Section 16120 -2 1154.005/1-2009 120/208V 277/480V A Phase Black Brown B Phase Red Orange C Phase Blue Yellow Neutral White Gray Travelers Yellow Orange Equipment Ground Green Green 2.01 WIRE B. Store wire and other material in factory- installed coverings in a clean, dry, indoor space which provides protection against the weather. PART 2— PRODUCTS A. All wire for permanent installation shall be new XHHW -2 type insulation, stranded copper, delivered to project in unopened cartons or reels, except where specifically noted and be UL listed for the use intended. No wire smaller than 12 AWG shall be used unless specifically noted. The use of multi- conductor cable is NOT ALLOWED. B. All available colors shall be used; however, green shall be used only for equipment grounds. Where color -coded wire in larger sizes is not available, one wrap of 1- inch -wide, colored, self- adhesive tape at each terminal end shall be used for identification. Initial phase color shall be used throughout the run, even for switch legs. Colors must meet code requirements for each class voltage. Do not duplicate colors, including neutral, on different voltages. C. Color Coding: D. Circuits 150 feet or over shall be sized for a maximum 2% voltage drop. 2.02 WIRING CONNECTIONS AND TERMINATIONS A. Stranded conductors may only be terminated with UL or ETL Listed type terminations or methods: e.g. stranded conductors may not be wrapped around a terminal screw but must be terminated with a crimp type device. B. Provide insulated, silicone - filled spring wire connectors with plastic caps for 8 AWG conductors and smaller. Connectors shall be King Silicone - Filled Safety Connectors, or equal. Spring wire connectors shall only be allowed in junction, outlet, or switch boxes. C. Provide in -line splices for all conductor connections, 6 AWG and larger. Splice crimp component shall be Burndy copper compression splice long barrel, beveled entry, type YS, or equal. Splice shall be made with crimp tool by manufacturer that allows expanded conductor ranges. Splice insulation component shall be Raychem heavy -wall, low voltage tubing, type WCSM, or equal. No splices will be allowed unless approved by ENGINEER. Section 16120 -2 1154.005/1-2009 2.03 TERMINAL BLOCKS AND ACCESSORIES A. Terminal Blocks: ANSI /NEMA ICS 4: UL listed. B. Power Terminals: Unit construction -type, closed- back -type, with tubular pressure screw connectors, rated 600 volts. C. Signal and Control Terminals: Modular construction -type, channel mounted; tubular pressure screw connectors, rated 300 volts. D. Manufacturer and Model Number: Phoenix Contact UK 5 N, or equal. PART 3—EXECUTION 3.01 INSPECTION A. Examine the areas and conditions under which the work is to be installed and notify CONTRACTOR of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected. 3.02. GENERAL WIRING METHODS A. Install electrical wire and connectors in accordance with the manufacturer's written instructions; applicable requirements of the NEC, the National Electrical Contractors Association's "Standard of Installation "; and in accordance with recognized industry practices to ensure that products serve the intended functions. B. Place an equal number of conductors for each phase of a circuit in same raceway. C. Splice only in junction or outlet boxes. Splicing is not allowed in manholes. Avoid splices between terminals of interconnecting power and control wiring. D. Spring wire connectors shall only be used in junction, outlet, or switch boxes. Equipment wireways (e.g. motor control centers, switchgear, etc.) and control panels shall not have any spring wire connectors installed; all terminations shall be on terminal strips. E. Neatly train, lace, and tie wrap all wiring inside boxes, equipment, MCCs, and panelboards. F. Make conductor lengths for parallel circuits equal. G. The same color shall be used for each numbered wire throughout its entire length. H. Terminate all wiring on terminal blocks in control panels, starter cubicles, and similar equipment. I. Provide preprinted adhesive or heat shrink -type wire numbering labels at all terminations and splices. Wire numbering preprinted on the conductor, flag -type labels, and individual wraparound numbers (e.g. Brady labels) are not acceptable. J. Use appropriate wiring methods and materials for the equipment or environment. Section 16120 -3 1154.005/1 -2009 K. Do not use a pulling means which can damage the raceway. L. Signal wiring (below 100 volts) must be in a conduit separate from power and /or control wiring (over 100 volts). Signal wire shall include, but not be limited to, loop powered devices, voice and data communications, and communication wiring (i.e. DeviceNet, RS- 232, etc.). M. Control wiring (e.g., internal thermal overloads, lockout stops, etc.) to motors utilizing VFDs shall be in a conduit separate from motor power wiring. N. Provide junction or pull boxes to facilitate the "pulling in" of wires or to make necessary connections. All raceways and apparatus shall be thoroughly blown out and cleaned of foreign matter prior to pulling in wires. O. Thoroughly clean wires before installing lugs and connectors. P. Make splices, taps, and terminations to carry full capacity of conductors without perceptible temperature rise. Q. Terminate spare conductors with electrical tape, label as "SPARE," and indicate where the conductors terminate. Refer to Section 16195 - Electrical Identification, for additional requirements. 3.03 WIRING INSTALLATION IN RACEWAYS A. Pull all conductors into a raceway at the same time. Use UL- listed wire - pulling lubricant for pulling 4 AWG and larger wires. Yellow 77 pulling lubricant is not allowed. B. Install wire in raceway after interior of building is enclosed, watertight, dry, and all mechanical work likely to injure conductors has been completed. C. Completely and thoroughly swab raceway system before installing conductors. D. Conductors #6 AWG and larger shall be pulled in to conduits utilizing a tugger with built -in tension meter. CONTRACTOR shall provide a report to ENGINEER for each pull indicating maximum tension reached during the pull along with manufacturer's maximum pulling tension. Motorized machines of any type are NOT ALLOWED for any wire pulling. E. Conductors shall be installed in conduit system in such a manner that insulation is not damaged, conductors are not overstressed in pulling, and walls are not damaged. No splices are permitted except in junction boxes or outlet boxes. F. CONTRACTOR shall observe code limitation on the number and size of wires in an outlet box. CONTRACTOR shall either lay out work so that the wires do not exceed the particular box limitation, or provide larger boxes approved for additional capacity. G. Panel riser feeder conductors shall be identified with colored tape at panel lugs. The same phase relation shall be maintained throughout. H. Circuiting is indicated diagrammatically on the drawings. Section 16120 -4 1154.005/1 -2009 3.04 FIELD QUALITY CONTROL A. Inspect wire for physical damage and proper connection. B. Torque test conductor connections and terminations to manufacturer's recommended values. C. Prior to energizing, check conduit, raceways, outlet boxes, and wire for continuity of circuitry and for short circuits. Correct malfunction when detected. D. Subsequent to wire hook -ups, energize circuitry and demonstrate functioning in accordance with these specifications. E. Perform continuity test on all power and equipment branch circuit conductors. Verify proper phasing connections. F. Perform field inspection and testing according to provisions of this section. 3.05 ACCEPTANCE TESTS A. CONTRACTOR shall furnish all materials, labor, and equipment necessary for the acceptance tests specified herein. Acceptance tests shall be performed in the presence of OWNER or OWNER's representative and must be passed before final acceptance of the work. B. CONTRACTOR shall be responsible for powered tests of each field installed device unless specifically noted otherwise. CONTRACTOR shall be responsible for device operation as powered from its power source and signals as received at the I/O modules. C. Operation Test —By operational testing, OWNER will give final acceptance of the wiring system when all of the wiring is considered a complete system. All equipment shall function and operate in the proper manner as indicated in the details of the specifications and on the drawings. All motors shall be properly connected to protective devices, and motor rotation shall be in the correct direction. D. At the request of OWNER's representative, demonstrate by test the compliance of the installation with these specifications and drawings, the National Electrical Code, and the accepted standards of good workmanship. These tests shall include operation of equipment, continuity of the conduit system, grounding resistance and insulation resistance. E. A written record of performance tests on electrical and control and instrumentation systems and equipment shall be supplied to OWNER. Such tests shall show compliance with governing codes. 3.06 WIRE INSTALLATION SCHEDULE A. Install all wiring in raceways except as otherwise noted. This includes all low voltage wiring such as temperature control, instruments, etc. END OF SECTION Section 16120 -5 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Wall and ceiling outlet boxes. 2. Pull and junction boxes. SECTION 16130 BOXES B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. ANSI /NEMA OS 1— Sheet -Steel Outlet Boxes, Device Boxes, Covers, and Box Supports. B. ANSI /NEMA OS 2— Nonmetallic Outlet Boxes, Device Boxes, Covers, and Box Supports. C. NEMA 250 — Enclosures for Electrical Equipment (1000 Volts Maximum). 1.03 QUALITY ASSURANCE A. Manufacturers of switches, outlets, boxes, lamps, fuses, lugs, etc.: Firms regularly engaged in the manufacture of these products, of the types and ratings required, whose products have been in satisfactory use in similar service for not less than 5 years. B. Installer: A firm with at least 5 years of successful installation experience on projects with electrical wiring installation work similar to that in this project. C. Code Compliance: Comply with National Electrical Code (NFPA 70) and any and all local codes as applicable to construction and installation of electrical wiring devices, material, and equipment herein specified. D. UL Labels: Provide electrical cable, boxes, raceways, wire, connectors, outlets, switches, etc., which have been listed and labeled by Underwriters Laboratories. E. NECA Standard: Comply with applicable portions of National Electrical Contractor's Association's "Standard of Installation." 1.04 SUBMITTALS A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. Section 16130 -1 1154.005/1 -2009 PART 2— PRODUCTS 2.01 SWITCH AND OUTLET BOXES A. Cast Boxes: Aluminum or cast feraloy, deep -type, gasketed cover, threaded hubs, Crouse -Hinds FD Series, or equal. B. NEMA 4X Boxes: PVC or FRP, Carlon FS Series, or equal with proper cover and gasket. 2.02 PULL AND JUNCTION BOXES A. Cast Boxes: NEMA 250; Type 4, flat - flanged, surface- mounted junction box, UL- listed as watertight. Cast aluminum or feraloy box and cover with ground flange, neoprene gasket, and stainless steel cover screws, Crouse -Hinds WCB Series, or equal. B. NEMA 4X Boxes: PVC or FRP, Carlon NS Series, or equal with proper cover and gasket. C. Boxes Larger Than 12 Inches in Any Dimension: Hinged enclosure in accordance with Section 16160— Cabinets and Enclosures. D. Boxes specified in this section are not allowed to have knockouts and are not allowed to be used as enclosures for control panels. PART 3— EXECUTION 3.01 COORDINATION OF BOX LOCATIONS A. Provide electrical boxes as shown on drawings and as necessary for splices, taps, wire pulling, cable bending radii, equipment connections, and code compliance. B. Electrical box locations shown on drawings are approximate. Verify location and size of floor boxes and outlet boxes in all work areas prior to rough -in. C. Where dedicated raceways are provided for different voltage systems or wiring, (e.g. motor power wiring and motor space heaters), separate boxes shall also be provided unless approved by ENGINEER. Where approved by ENGINEER, combined boxes shall be physically divided to separate the wiring. D. Locate and install boxes to allow access. Where installation is inaccessible, coordinate locations and sizes of access doors. E. Locate and install to maintain headroom and to present a neat appearance. F. All boxes attached to building surfaces which may be damp shall be spaced out to avoid rust and /or corrosion. All boxes in damp locations shall be on 1 -inch standoffs. Damp locations shall include, but not be limited to, exterior locations, and all areas below grade. Section 16130 -2 1154.005/1 -2009 3.02 SWITCH AND OUTLET BOX INSTALLATION A. Provide knockout closures for unused openings. B. Support boxes independently of conduit. C. Switch and outlet boxes provided for branch circuits and feeders shall not contain control wiring. Control wiring shall have dedicated pull and junction boxes provided. Wiring for different voltage systems (e.g. 24V, 120V, 480V) shall have dedicated pull and junction boxes for each voltage. D. For weatherproof switches, devices, and exterior fixtures use cast boxes with proper cover and gasket. E. All exterior outlet boxes shall be NEMA 4X. F. All interior exposed wall and ceiling outlet boxes shall be cast boxes, unless otherwise noted. G. Boxes shall be of a depth to accommodate wires and splices and shall be equipped with both fixture hanging studs and tapped fixture ears. Boxes shall be installed so they will support the weight of the fixture. Conduit will not be considered as adequate supports. H. Cast boxes with 3/4 -inch hubs and aluminum fittings and enclosures may be used with all conduit types. 3.03 PULL AND JUNCTION BOX INSTALLATION A. Support pull and junction boxes independent of conduit. B. All junction boxes shall be labeled with permanent labels (not adhesive type). Permanent labels shall include painted stencil -type labels or engraved laminated nameplates. Labels shall indicate circuit or load served, as well as power source. C. All interior exposed junction and pull boxes shall be cast -type with cover, unless noted otherwise. D. All exterior junction and pull boxes shall be NEMA 4X. Boxes in areas subject to damage shall be stainless steel. END OF SECTION Section 16130 -3 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Receptacles. 2. Cover plates. SECTION 16141 WIRING DEVICES B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. NEMA WD 1— General- Purpose Wiring Devices. B. NEMA WD 5— Specific - Purpose Wiring Devices. C. Drawings —Bill of Materials. 1.03 QUALITY ASSURANCE A. Manufacturers of switches, outlets, boxes, lamps, fuses, lugs, etc.: Firms regularly engaged in the manufacture of these products, of the types and ratings required, whose products have been in satisfactory use in similar service for not Tess than 5 years. B. Installer: A firm with at least 5 years of successful installation experience on projects with electrical wiring installation work similar to that in this project. C. Code Compliance: Comply with National Electrical Code (NFPA 70) and any and all local codes as applicable to construction and installation of electrical wiring devices, material, and equipment herein specified. D. UL Labels: Provide electrical cable, raceways, wire, connectors, outlets, switches, etc., which have been listed and labeled by Underwriters' Laboratories. E. NECA Standard: Comply with applicable portions of National Electrical Contractor's Association's "Standard of Installation." 1.04 SUBMITTALS A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. B. Provide product data showing configurations, finishes, dimensions, and manufacturer's instructions. Section 16141 -1 1154.005/1 -2009 PART 2— PRODUCTS 2.01 RECEPTACLES A. 20 ampere, 125 volt, NEMA 5 -20R, Industrial specification grade, straight blade, 3 -wire duplex grounded outlets, one of the following: Cooper 5362, Leviton 5362, Pass and Seymour 5362 -A. 208 volt receptacles shall be grounded -type, rated same as circuit indicated on the drawings. Provide ivory coloring. B. Outdoor Receptacle: Pass and Seymour 2095, brown receptacle with Leviton Catalog No. M5979 cover and mounted vertically on nonferrous box. C. GFCI Receptacles: Pass and Seymour 2094, Cooper XGF20, duplex convenience receptacle with integral ground fault current interrupter. GFCI receptacles shall not be series wired. 2.02 COVER PLATES A. Surface boxes shall have plates to match Crouse - Hinds, Appleton, or equal cast boxes. B. NEMA 4X and weatherproof switch covers shall be Carlon, Industrial Gray, toggle switch cover, Model E98TSCN -CAR, or equal. Interior NEMA 4X receptacle covers shall be Leviton Catalog No. 5976, or equal. PART 3— EXECUTION 3.01 INSTALLATION A. Install wall switches 48 inches above floor (top of box), "Off' position down, except as otherwise noted. B. Convenience Receptacles: Specification grade self - grounding. C. Install devices and cover plates flush and level. D. Backwiring shall not be used in wet locations, boiler rooms, or outside. Backwiring of switches and receptacles in conjunction with spring loaded wire connections is not allowed. Wires shall be terminated with the device screw terminal. END OF SECTION Section 16141 -2 1154.005/1.2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Hinged cover enclosures. 2. Cabinets. PART 2— PRODUCTS 2.01 HINGED COVER ENCLOSURES 2.02 CABINETS SECTION 16160 CABINETS AND ENCLOSURES B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. NEMA 250 — Enclosures for Electrical Equipment (1000 Volts Maximum). B. ANSI /NEMA ICS 1— Industrial Control and Systems. C. ANSI /NEMA ICS 6— Enclosures for Industrial Control Equipment and Systems. 1.03 SUBMITTALS A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. B. Show Drawings for Equipment Panels: Include wiring schematic diagram, connection diagram, outline drawing, and construction diagram as described in ANSI /NEMA ICS 1. A. Construction: NEMA 250, larger than 12 inches in any dimension. Acceptable manufacturers: Hoffman, B -Line, or equal. B. Covers: Continuous hinge, applicable NEMA rating with hasp and staple for padlock. C. Back Panel for Mounting Terminal Blocks or Electrical Components: 14 gauge steel, white enamel finish. D. All cabinets with double doors or that are free - standing shall have 3 -point latch. A. Construction: NEMA 250. Acceptable manufacturers: Hoffman, Saginaw, Lehman, or equal. Section 16160 -1 1154.005/1-2009 B. Cabinet Fronts: Steel, surface -type with screw cover front, concealed hinge and flush lock. Finish in white baked enamel. 2.03 FABRICATION A. Shop assembled enclosures and cabinets housing terminal blocks or electrical components in accordance with ANSI /NEMA ICS 6. B. Provide conduit hubs on all enclosures. C. Provide protective pockets inside front cover with schematic diagram, connection diagram, and layout drawing of control wiring and components within enclosure. D. Provide gasketed surfaces for all enclosure and cabinet doors and covers. 2.04 ENCLOSURE RATING A. Cabinets and enclosures shall be rated as listed below, unless noted otherwise on the drawings: 1. Indoor: NEMA 12, steel. 2. Outdoor, corrosive or wet location: NEMA 4X, stainless steel. 2.05 ARC FLASH HAZARD WARNING LABELS FOR NEW EQUIPMENT A. Equipment specified herein shall be provided with arc flash hazard warning labels based on an arc flash hazard analysis performed by the equipment manufacturer. B. Warning labels shall be self- adhesive vinyl, four - inches by six - inches, and be as manufactured by Conney Safety products, or equal. PART 3— EXECUTION 3.01 INSTALLATION A. Install cabinets and enclosures plumb. Anchor securely to wall and structural supports at each corner, minimum. B. All cabinets and enclosures shall be labeled with permanent labels (not adhesive type). Permanent labels shall include painted, stencil -type labels or engraved laminated nameplates (4 -inch by 4 -inch minimum size). C. Provide accessory feet for free - standing equipment enclosures. D. All cabinets and enclosures attached to building surfaces which may be damp shall be spaced out to avoid rust and /or corrosion. All boxes in damp locations shall be on 1 -inch standoffs. Damp locations shall include, but not be limited to, exterior locations and all areas below grade. END OF SECTION Section 16160 -2 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Conduit and equipment supports. 2. Fastening hardware. 1.02 QUALITY ASSURANCE PART 2— PRODUCTS 2.01 MATERIAL PART 3— EXECUTION 3.01 INSTALLATION SECTION 16190 SUPPORTING DEVICES B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. A. Support systems shall be adequate for weight of equipment and conduit, including wiring, which they carry. A. Support Members: 1. 316 stainless steel, fiberglass, or PVC in exterior locations and NEMA 4X areas. 2. Galvanized steel in all other areas. B. Hardware: 1. Type 316 stainless steel in exterior locations and NEMA 4X areas. 2. Galvanized steel in all other areas. C. Manufacturers: Unistrut P -1000, B -line, Superstrut, or equal. A. Fasten hanger rods, conduit clamps, and outlet and junction boxes to building structure using expansion anchors. Do not use spring steel clips and clamps. Provide stand -off as specified in other technical sections. B. Use toggle bolts or hollow wall fasteners in hollow masonry, plaster, or gypsum board partitions and walls; expansion anchors or preset inserts in solid masonry walls; self - drilling anchors or expansion anchors on concrete surfaces; sheet metal screws in sheet metal studs; and wood screws in wood construction. C. Do not fasten supports to piping, ductwork, mechanical equipment, or conduit. Section 16190 -1 1154.005/1 -2009 D. Do not use powder - actuated anchors. E. Do not drill structural steel members. F. Fabricate supports with welded end caps and all welds and surfaces ground smooth for neat appearance. Use hexagon head bolts with steel spring lock washers under all nuts. G. In wet locations install free - standing electrical equipment on concrete pads. Anchor all equipment to adjacent walls and caulk. H. Install surface- mounted cabinets and paneiboards with minimum of four anchors. I. All welds shall be continuous and ground smooth. END OF SECTION Section 16190 -2 1154.00511 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Nameplates. 2. Labeling tags. 3. Wire markers. SECTION 16195 ELECTRICAL IDENTIFICATION B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 SUBMITTALS A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. B. Provide schedule for nameplates and labeling tags with shop drawings. Reference drawings for type used. PART 2— PRODUCTS 2.01 NAMEPLATES A. Type "A ": 1. Use: a. ATS (Automatic Transfer Switch) b. Each separately mounted circuit breaker or disconnect switch. c. Generator. d. Cabinets, enclosures, pull, and junction boxes. 2. Size: 2 -inch by 3 -inch. 3. Material: 3 -layer laminated Micarta. 4. Background Color: Black. 5. Character Color: White. 6. Character Size: 1/4 -inch. 7. Engraving: Label shall include equipment number and description (i.e. SCAL- 60 -01, Fluoride Scale). 8. Mounting Location: Front exterior. 2.02 LABELING TAGS A. Use: Field- mounted devices (valves, limit switches, etc.). 1. Size: 1 -inch by 3 -inch. 2. Material: 1/32- inch -thick stainless steel. 3. Character Size: 1/4 -inch. 4. Engraving: As requested by ENGINEER. Section 16195 -1 1154.005/1 -2009 2.03 WIRE MARKERS A. Wire markers shall be permanently attached sleeve or heat shrink -type labels. Wire numbering preprinted on the conductor, flag -type labels, and individual wrap around numbers (such as Brady preprinted markers) are not acceptable. All wire markers shall be the same throughout the project. B. Wire markers shall be specifically printed for this project using permanently attached computerized adhesive tags, such as Brady IDXPERT labeling printer with self laminating vinyl, permasleeve heat - shrink polyolefin, or equal. Hand - written markers are not acceptable. PART 3— EXECUTION 3.01 INSTALLATION A. Degrease and clean surfaces to receive nameplates. B. Install nameplates parallel to equipment lines. C. Affix nameplates with stainless steel screws in outdoor locations and stickyback adhesive in indoor locations. D. Affix labeling tags with permanent bonding cement or locking wire ties. Provide 3/8 -inch hole to accommodate wire tie. E. Prepare and install neatly typed directions in all panels including existing panels where work is done under this Contract. 3.02 WIRE IDENTIFICATION A. Provide wire markers on each conductor, including neutral and spare conductors, in panelboard gutters, pull boxes, outlet and junction boxes, and at load connection. Identify with branch circuit or feeder number for power and lighting circuits, and with control wire number as indicated on schematic and interconnection diagrams for control wiring. Spare conductors shall have control wire number or shall indicate termination point of wire. B. Conductors in pull boxes, motor control centers, supervisory control panels, control panels, cabinets, and panelboards shall be grouped as to circuits and arranged in a neat manner. All conductors of a feeder or branch circuit shall be grouped, bound together with nylon ties, and identified. Phase identification shall be consistent throughout the system. END OF SECTION Section 16195 -2 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY SECTION 16230 STANDBY POWER SYSTEM A. Work Included: Steel base assembly, engine, generator, engine - generator set controls, environmental systems. B. Related Sections and Divisions: 1. Applicable provisions of Division 1 shall govern work in this section. 2. The following listing of related sections is provided for the convenience of CONTRACTOR and is not necessarily all- inclusive. Other sections of the specifications not referenced below shall also apply to the extent required for proper performance of this work. All other sections of Division 16. 1.02 SUBMITTALS A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. B. Shop drawings shall include the following: 1. Detailed descriptions of equipment to be furnished, including all deviations from these specifications. 2. Detailed layouts of all equipment and ancillary items. 3. The manufacturer shall furnish schematic and wiring diagrams for the generator and an interconnection wiring diagram for the entire standby system. Test reports certified by the manufacturer shall be provided to ENGINEER for the entire system. C. Submit forms required in Section 3.01 C, to Authority Having Jurisdiction (AHJ), ENGINEER, and OWNER. 1.03 QUALITY ASSURANCE A. The generator shall be listed by Underwriters' Laboratories, Inc. and be certified by the Canadian Standards Association. 1 04 OPERATING CONDITIONS A. Engine - generator set shall be capable of continuous standby rating at 1,800 rpm, 0.8 PF, 3 phase, 3 wire, 480 volts, at 60 hertz, and shall have a minimum capability of 225 KW, 281 KVA prime and 250 KW, 313 KVA standby. The unit shall be capable of 322 surge KW, 1210 KVA for motor starting at a maximum sustained voltage dip of 10 %. B. The generator set manufacturer shall verify the engine as capable of driving the generator with all accessories in place and operating, at the generator set kW rating after derating for the range of temperature expected in service, and the altitude of the installation. Site conditions are: 100 °F maximum ambient, and 900 feet altitude. Section 16230 -1 1154.005/1 -2009 C. Voltage regulation shall be ±0.5% of rated voltage for any constant load between no load and rated load. D. Frequency regulation shall be isochronous from steady state no load to steady state rated load. Random frequency variation with any steady load from no load to full load shall not exceed ±0.5 %. E. Random Voltage Variation: The cyclic variations in RMS voltage shall not exceed ±0.5% of rated voltage for constant loads from no load to rated load, with constant ambient and operating temperature. F. Total Harmonic Distortion: The sum of AC voltage wave -form harmonics from no load to full linear load shall not exceed 5% of rated voltage (L -N, L -L, L -L -L), and no single harmonic shall exceed 3% of rated voltage. G. Telephone Influence Factor: TIF shall be less than 50 per NEMA MG1- 22.43. H. The engine - generator set shall accept a single step load of 100% nameplate kW and power factor, less applicable derating factors, with the engine - generator set at operating temperature. I. Motor starting capability shall be a minimum of 1210 kVA. The generator set shall be capable of recovering to a minimum of 90% of rated no load voltage following the application of the specified kVA load at near zero power factor applied to the generator set. Maximum voltage dip on application of this load, considering both alternator performance and engine speed changes shall not exceed 10 %. PART 2— PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. The AC engine - generator set shall be as manufactured by Cummins Power Generation, Model DQDAA, Kohler, or Caterpillar. B. The drawings and specifications were prepared based on Cummins Power Generation. CONTRACTOR shall include in the Bid and shall be responsible for the cost of any changes to accommodate other equipment including but not limited to structural, mechanical, and electrical work. CONTRACTOR shall also pay additional costs necessary for revisions of drawings and /or specifications by ENGINEER. 2.02 STEEL BASE ASSEMBLY A. The engine - generator set shall be mounted on a heavy -duty steel base to maintain alignment between components. The base shall incorporate a battery tray with hold -down clamps within the rails. B. The steel base assembly shall be provided with integral fuel tank with a minimum capacity of 300 gallons. A Rochester Series 6500 fuel gauge shall be mounted within the tank. The fuel tank shall include overflow protection. The fuel tank shall be furnished with a bacteria inhibitor to prevent the buildup of bacteria in the diesel fuel tank. The fuel tank shall be pressure tested for a minimum of 2 hours to ensure its integrity. The fuel tank shall be Section 16230 -2 1154.005/1 -2009 UL -142 listed and labeled, and include secondary containment. Fuel tank shall be labeled and manufactured in accordance with the applicable state and local codes. CONTRACTOR shall obtain tank installation plan review and written approval from the AHJ or authorized agent prior to tank installation. All costs associated with plan approval shall be included in the bid. C. Provide a low level alarm activated at 30% for fuel tank with spare contacts for remote indication. D. Provide a float switch in the rupture basin for remote indication of fuel tank leak. E. Provide vent piping as required by the fuel tank manufacturer to the exterior of the building. Vent piping shall be installed per state and local codes. 2.03 ENGINE A. The engine shall be stationary, liquid - cooled, diesel for use with No. 2 diesel fuel. The design shall be 4- cycle, 6- cylinder, minimum displacement of 543 cubic inches, turbo - charged, as required by engine manufacturer. Engine shall be certified as capable of driving the generator of the rating indicated above on a continuous standby basis for the duration of normal source interruptions. B. Engine accessories shall include the following: 1. A 24 volt DC electric starter as required by the engine manufacturer. 2. Replaceable dry element air cleaner with restriction indicator. 3. Positive displacement, mechanical, full - pressure lubrication oil pump, full -flow lubrication oil filters with replaceable elements, pressure relief valve, dipstick oil level indicator, and oil drain valve with hose extension. Provide all lubricants for proper operation of the unit. 4. An electronic governor system shall provide automatic isochronous frequency regulation. The governing system dynamic capabilities shall be controlled as a function of engine coolant temperature to provide fast, stable operation at varying engine operating temperature conditions. The control system shall actively control the fuel rate and excitation as appropriate to the state of the generator set. Fuel rate shall be regulated as a function of starting, accelerating to start disconnect speed, and accelerating to rated speed. The governing system shall include a programmable warm up at idle and cooldown at idle function. While operating in idle state, the control system shall disable the alternator excitation system. 5. Engine protective devices to indicate alarm and engine shutdown for the following: a. Low coolant temperature alarm. b. Low coolant level alarm. c. Low lubrication oil pressure alarm and shutdown. d. High coolant temperature alarm and shutdown. e. Over -speed shutdown. f. Over -crank shutdown. 6. Battery charging alternator, 70 amp minimum, with solidstate voltage regulator. 7. Engine shall be radiator - cooled by engine- mounted radiator system including belt- driven pusher fan, coolant pump, and thermostat temperature control. Rotating parts shall be guarded against accidental contact. The cooling system shall be rated for full -rated load operation in a 104 °F ambient condition. Radiator shall be provided with a duct adaptor flange permitting the attachment of air discharge duct directing the Section 16230 -3 1154.005/1 -2009 discharge of radiator air through the wall. Provide radiator drain extension to the side of the generator. Extension shall include shutoff valve. 8. The equipment supplier shall provide 50% ethylene glycol antifreeze solution to fill engine cooling system. 9. Engine- mounted thermostatically controlled coolant heater to aid in quick starting. The coolant heater(s) shall be sized as recommended by the engine manufacturer to warm the engine to a minimum of 104 °F in a 40 °F ambient, in compliance with NFPA 110 requirements. Heater shall be rated single phase, 240 volts, 1,500 watts and be disconnected whenever the engine starts. Heater shall be UL 499 listed and labeled. The coolant heater(s) shall include provisions to isolate the heater for replacement of the heater , element without draining the coolant from the generator set. CONTRACTOR shall provide proper circuit from normal utility power source. 10. Vibration isolators, spring /pad type, quantity as recommended by the generator set manufacturer. 11. An engine driven, mechanical, positive displacement fuel pump and fuel filter with replaceable spin -on canister element. 12. Flexible supply and return fuel lines. 13. Fuel filter with replaceable element. 14. The engine shall be provided with all fuel system piping required for automatic operation of the system. All piping shall be black iron and be sized to provide proper fuel flow for the engine. The unit shall be provided with all supply, return, vent, and fill lines as required and as shown on the drawings. Provide a check valve in the fuel supply line to prevent drain back of diesel fuel. Provide connections for connecting fuel system to the engine in compliance with applicable codes and regulations. All fuel piping shall be pressure tested for a minimum of 2 hours. 2.04 ENGINE EXHAUST SYSTEM A. Exhaust muffler shall be provided for the engine of size as recommended by manufacturer. Muffler shall be of the critical grade -type. Muffler shall be side inlet. CONTRACTOR shall mount muffler so its weight is not supported by the engine. B. Stainless steel flexible exhaust connections shall be provided as required for connection between engine exhaust manifold and exhaust line, in compliance with applicable codes and regulations. C. Provide an exhaust condensation trap with manual drain valve to trap and drain off exhaust condensation and to prevent condensation from entering the engine. D. Provide a suitable rain cap at the stack outlet. Provide all necessary flanges and special fittings for proper installation. 2.05 STARTING AND CONTROL BATTERIES A. A UL- listed /CSA- certified 10- ampere voltage regulated battery charger shall be provided for the engine - generator set. B. Charger shall be UL 1236 -BBHH listed and CSA or CUL certified for use in emergency applications. C. The charger shall be compliant with UL991 requirements for vibration resistance. Section 16230 -4 1154.005/1 -2009 D. The charger shall be capable of charging a fully discharged battery without damage to the charger. It shall be capable of returning a fully discharged battery to fully charged condition within 24 hours. The charger shall be UL- labeled with the maximum battery amp -hour rating that can be recharged within 24 hours. The label shall indicate that the charger is suitable for charging of AH batteries per NFPA requirements. E. The charger shall incorporate a 4 -state charging algorithm, to provide trickle charge rate to restore fully discharged batteries, a bulk charge rate to provide fastest possible recharge after normal discharge, an absorption state to return the battery to 100% of charge, and a float stage to maintain a fully charged battery and supply battery Toads when the generator set is not operating. In addition, the charger shall include an equalization timer. Charge rates shall be temperature compensated based on the temperature directly sensed at the battery. F. The DC output voltage regulation shall be within plus or minus 1%. The DC output ripple current shall not exceed 1 amp at rated output current level. G. The charger shall include the following features: 1. Two -line alphanumeric display with programming keys to allow display of DC output ammeter and voltmeters (5% accuracy or better), display alarm messages, and perform programming. 2. LED indicating lamps to indicate normal charging (green), equalize charge state (amber), and fault condition (red); 3. AC input overcurrent, over voltage, and undervoltage protection; 4. DC output overcurrent protection; 5. Alarm output relay 6. Corrosive resistant aluminum enclosure. H. A calcium /lead antimony storage battery set of the heavy -duty starting -type shall be provided. Battery voltage shall be compatible with starting system. The battery set shall be rated no less than 750 CCA and shall be capable of a minimum of three 15- second cranking cycles. A battery rack constructed in conformance with NEC requirements and necessary cables and clamps shall be provided. 2.06 GENERATOR A. The generator shall be a single pre - lubricated regreasable bearing, self - aligning, 4 -pole, 2/3 pitch, brushless, synchronous -type, revolving field with amortisseur windings, and with direct driven centrifugal blower fan for proper cooling and minimum noise. No brushes will be allowed. Generator shall be directly connected to engine fly wheel housing and driven through a flexible coupling to ensure permanent alignment. Generator design shall prevent potentially damaging shaft currents. B. Insulation shall meet NEMA standards for Class H and shall be UL 1446 listed. The maximum temperature rise shall not exceed 125 °C at 40 °C ambient. C. The generator shall be 3- phase, broad - range, reconnectable and shall have 12 leads brought out to allow connection by user to obtain any of the available voltages for the unit. D. The generator set shall be capable of delivering rated output (kVA) at rated frequency and power factor, at any voltage not more than 5% above or below rated voltage. Section 16230 -5 1154.005/1 -2009 E. A permanent magnet generator (PMG) shall be included to provide a reliable source of excitation power for optimum motor starting and short circuit performance. The PMG and controls shall be capable of sustaining and regulating current supplied to a single phase or three phase fault at approximately 300% of rated current for not more than 10 seconds. F. The subtransient reactance of the alternator shall not exceed 15 %, based on the standby rating of the generator set. G. Provide a 500 amp mainline circuit breaker with the engine - generator set. 2.07 ENGINE - GENERATOR SET CONTROL A. The generator set shall be provided with a microprocessor -based control system that is designed to provide automatic starting, monitoring, and control functions for the generator set. The control system shall also be designed to allow local monitoring and control of the generator set, and remote monitoring and control as described in this specification. B. The generator set mounted controls shall include the following features and functions: 1 Control Switches: a. Mode Select Switch. The mode select switch shall initiate the following control modes. When in the RUN or MANUAL position the generator set shall start, and accelerate to rated speed and voltage. In the OFF position the generator set shall immediately stop, bypassing all time delays. In the AUTO position the generator set shall be ready to accept a signal from a remote device to start and accelerate to rated speed and voltage. b. EMERGENCY STOP switch. Switch shall be Red "mushroom- head" push- button. Depressing the emergency stop switch shall cause the generator set to immediately shut down, and be locked out from automatic restarting. c. RESET switch. The RESET switch shall be used to clear a fault and allow restarting the generator set after it has shut down for any fault condition. d. PANEL LAMP switch. Depressing the panel lamp switch shall cause the entire panel to be lighted with DC control power. The panel lamps shall automatically be switched off 10 minutes after the switch is depressed, or after the switch is depressed a second time. C. Generator Set AC Output Metering. The generator set shall be provided with a metering set including the following features and functions: 1. Digital metering set, 1% accuracy, to indicate generator RMS voltage and current (all three phases), frequency, output current, output KW, KW- hours, and power factor. Generator output voltage shall be available in line -to -line and Tine -to- neutral voltages, and shall display all three -phase voltages (line to neutral or line to line) simultaneously. 2. The control system shall monitor the total Toad on the generator set, and maintain data logs of total operating hours at specific Toad levels ranging from 0 to 110% of rated load, in 10% increments. The control shall display hours of operation at less than 30% load and total hours of operation at more than 90% of rated load. 3. The control system shall log total number of operating hours, total kWH, and total control on hours, as well as total values since reset. Section 16230 -6 1154.005/1 -2009 D. Generator Set Alarm and Status Display. 1. The generator set control shall include LED alarm and status indication lamps. The lamps shall be high - intensity LED type. The lamp condition shall be clearly apparent under bright room lighting conditions. Functions indicated by the lamps shall include: a. The control shall include five configurable alarm- indicating lamps. The lamps shall be field adjustable for any status, warning, or shutdown function monitored by the genset. They shall also be configurable for color, and control action (status, warning, or shutdown). b. The control shall include green lamps to indicate that the generator set is running at rated frequency and voltage, and that a remote start signal has been received at the generator set. The running signal shall be based on actual sensed voltage and frequency on the output terminals of the generator set. c. The control shall include a flashing red Tamp to indicate that the control is not in automatic state, and red common shutdown lamp. d. The control shall include an amber common warning indication lamp. 2. The generator set control shall indicate the existence of the warning and shutdown conditions on the control panel. All conditions indicated below for warning shall be field - configurable for shutdown. Conditions required to be annunciated shall include: a. Low oil pressure (warning). b. Low oil pressure (shutdown). c. Oil pressure sender failure (warning). d. Low coolant temperature (warning). e. High coolant temperature (warning). f. High coolant temperature (shutdown). g. High oil temperature (warning). h. Engine temperature sender failure (warning). I. Low coolant level (warning). j. Fail to crank (shutdown). k. Fail to start/overcrank (shutdown). I. Overspeed (shutdown). m Low DC voltage (warning). n. High DC voltage (warning). o. Weak battery (warning). p. Low fuel tank (warning). q. High AC voltage (shutdown). r. Low AC voltage (shutdown). s. Under frequency (shutdown). t. Over current (warning). u. Over current (shutdown). v. Short circuit (shutdown). w. Over load (warning). x. Emergency stop (shutdown). y. (4) configurable conditions. 3. Provisions shall be made for indication of four customer - specified alarm or shutdown conditions. Labeling of the customer - specified alarm or shutdown conditions shall be of the same type and quality as the above - specified conditions. The non - automatic indicating lamp shall be red, and shall flash to indicate that the generator set is not able to automatically respond to a command to start from a remote location. Section 16230 -7 1154.005/1 -2009 E. Engine Status Monitoring: 1. The following information shall be available from a digital status panel on the generator set control : a. Engine oil pressure (psi or kPA). b. Engine coolant temperature (degrees F or C). c. Engine oil temperature (degrees F or C). d. Engine speed (rpm). e. Number of hours of operation (hours). f. Number of start attempts. g. Battery voltage (DC volts). 2. The control system shall also incorporate a data logging and display provision to allow logging of the last 10 warning or shutdown indications on the generator set, as well as total time of operation at various loads, as a percent of the standby rating of the generator set. F. Engine Control Functions: 1. The control system provided shall include a cycle cranking system, which allows for user selected crank time, rest time, and # of cycles. Initial settings shall be for 3 cranking periods of 15 seconds each, with 15- second rest period between cranking periods. 2. Manual Run /Stop Control Switch: When the mode control switch is in the MANUAL position and the MANUAL RUN /STOP switch is pressed, the Generator set will start, bypassing time delay start. The control is configurable to include an idle period on manual start. If the generator set is running in the MANUAL mode, pressing the RUN /STOP switch will cause the generator set to shut down after a cooldown at idle period. 3. The control system shall include an engine governor control, which functions to provide steady state frequency regulation as noted elsewhere in this specification. The governor control shall include adjustments for gain, damping, and a ramping function to control engine speed and limit exhaust smoke while the unit is starting. 4. The control system shall include time delay start (adjustable 0 -300 seconds) and time delay stop (adjustable 0 -600 seconds) functions. 5. The control system shall include sender failure monitoring logic for speed sensing, oil pressure, and engine temperature which is capable of discriminating between failed sender or wiring components, and an actual failure conditions. G. Alternator Control Functions: 1. The generator set shall include a full wave rectified automatic digital voltage regulation system that is matched and prototype tested by the engine manufacturer with the governing system provided. It shall be immune from misoperation due to load- induced voltage waveform distortion and provide a pulse width modulated output to the alternator exciter. The voltage regulation system shall be equipped with three -phase RMS sensing and shall control buildup of AC generator voltage to provide a linear rise and limit overshoot. The system shall include a torque- matching characteristic, which shall reduce output voltage in proportion to frequency below an adjustable frequency threshold. Torque matching characteristic shall be adjustable for roll -off frequency and rate, and be capable of being curve - matched to the engine torque curve with adjustments in the field. The voltage regulator shall include adjustments for gain, damping, and frequency roll -off. Adjustments shall be broad range, and made via digital raise -lower switches, with an alphanumeric LED readout to indicate setting level. Rotary potentiometers for system adjustments are not acceptable. Section 16230 -8 1154.005/1 -2009 2. A microprocessor -based protection device shall be provided to individually monitor all phases of the output current of the generator set and initiate an alarm (over current warning) when load current exceeds 110% of the rated current of the generator set on any phase for more than 60 seconds. The device shall shut down and lock out the generator set when output current level approaches the thermal damage point of the alternator (over current shutdown). The protective functions provided shall be in compliance to the requirements of NFPA70 article 445. 3. A microprocessor -based protection device shall be provided to monitor all phases of the output current for short circuit conditions. The control /protection system shall monitor the current level and voltage. The controls shall shut down and lock out the generator set when output current level approaches the thermal damage point of the alternator (short circuit shutdown). The protective functions provided shall be in compliance to the requirements of NFPA70 article 445. 4. Controls shall be provided to monitor the KW load on the generator set, and initiate an alarm condition (over load) when total load on the generator set exceeds the generator set rating for in excess of 5 seconds. Controls shall include a Toad shed control, to operate a set of dry contacts (for use in shedding customer load devices) when the generator set is overloaded. 5. A microprocessor -based AC over /under voltage monitoring system that responds only to true RMS voltage conditions shall be provided. The system shall initiate shutdown of the generator set when alternator output voltage exceeds 110% of the operator -set voltage level for more than 10 seconds, or with no intentional delay when voltage exceeds 130 %. Under voltage shutdown shall occur when the output voltage of the alternator is less than 85% for more than 10 seconds. The system shall monitor individual phases and be connected line to neutral on 3 -phase 4 -wire generator sets, and for systems that are solidly grounded. H. A common fail contact for external connection to an audible alarm and remote alarm shall be provided. Two auxiliary generator running contacts shall also be provided for remote indication at the SCADA System. All contacts shall be rated for 5 amps at 120 VAC. I. Generator control panel shall be mounted a maximum of 5 feet 6 inches above grade. CONTRACTOR shall be responsible for all required coordination. 2.08 WEATHER PROTECTIVE GENERATOR ENCLOSURE A. Generator -set weather - protective housing shall be provided factory- assembled to generator set base and radiator cowling. Housing shall provide ample airflow for generator set operation at rated load in the ambient conditions previously specified. All sheet metal shall be primed for corrosion protection and finish painted with the manufacturer's standard color using a two -step electrocoating paint process, or equal, meeting the performance requirements specified below. All surfaces of all metal parts shall be primed and painted. The painting process shall result in a coating which meets the following requirements: 1. Primer thickness 0.5 to 2.0 mils. Top coat thickness, 0.8 to 1.2 mils. 2. Gloss, per ASTM D523 -89, 80% plus or minus 5 %. Gloss retention after one year shall exceed 50 %. 3. Crosshatch adhesion, per ASTM D3359 -93, 4B -5B. 4. Impact resistance, per ASTM D2794 -93, 120- to 160 -inch pounds. 5. Salt Spray, per ASTM B117 -90, 1000+ hours. 6. Humidity, per ASTM D2247 -92, 1000+ hours. 7. Water Soak, per ASTM D2247 -92, 1000+ hours. Section 16230 -9 1154.005/1 -2009 B. Painting of hoses, clamps, wiring harnesses, and other nonmetallic service parts shall not be acceptable. Fasteners used shall be corrosion - resistant and designed to minimize marring of the painted surface when removed for normal installation of service work. C. The enclosure shall include hinged doors for access to both sides of the engine and alternator and the control equipment. Key - locking and padlockable door latches shall be provided for all doors. All hardware and door hinges shall be stainless steel. All doors shall be provided with door stops to hold them in the open position. D. The enclosure shall include flexible coolant and lubricating oil drain lines, that extend to the exterior of the enclosure, with internal drain valves, and external radiator fill provision. E. The enclosure shall be provided with an exhaust silencer which is mounted inside of the enclosure. Silencer exhaust shall include a raincap and rainshield. F. The enclosure shall be insulated with non - hydroscopic materials. 2.09 TOOLS AND SPARE PARTS A. The required spare parts for the generator shall be those as recommended by the manufacturer and shall include the following items as a minimum: 1. All special tools required for normal operation and maintenance. 2. One air cleaner element. 3. One oil filter. 4. One set of fan belts. B. AU spare parts shall be packed in containers which are clearly identifiable with indelible markings on containers. 2.10 ARC FLASH HAZARD WARNING LABELS FOR NEW EQUIPMENT A. Equipment specified herein shall be provided with arc flash hazard warning labels based on an arc flash hazard analysis performed by the equipment manufacturer. B. Warning labels shall be self- adhesive vinyl, four - inches by six - inches, and be as manufactured by Conney Safety products, or equal. PART 3— EXECUTION 3.01 INSTALLATION A. The standby power system shall be installed as shown on the drawings and in accordance with the manufacturer's recommendations and all applicable codes. B. Installation of equipment shall include furnishing and installing all interconnecting wiring between all major equipment provided for the on -site power system. The contractor shall also perform interconnecting wiring between equipment sections (when required), under the supervision of the equipment supplier. Section 16230 -10 1154.005/1 -2009 C. Equipment shall be installed on concrete housekeeping pads. Equipment shall be permanently fastened to the pad in accordance with manufacturer's instructions and seismic requirements of the site. D. Equipment shall be initially started and operated by representatives of the manufacturer. E. All equipment shall be physically inspected for damage. Scratches and other installation damage shall be repaired prior to final system testing. Equipment shall be thoroughly cleaned to remove all dirt and construction debris prior to initial operation and final testing of the system. F. Generator fuel storage tank and system shall be installed by a certified installer in accordance with the applicable state and local codes. G. CONTRACTOR shall furnish copies of an Aboveground Petroleum Product Tank Inventory Form, Flammable Liquid Tanks Installation Application Form, and Checklist for Aboveground Tank Installation Form to the Authority Having Jurisdiction, ENGINEER, and OWNER. H. Maximum generator height, including subbase fuel tank, exhaust piping, silencer, etc., shall be 8 feet 8 inches. CONTRACTOR shall be responsible for all required coordination. 3.02 STARTUP, TESTING AND TRAINING A. CONTRACTOR shall include eight hours of startup and testing by a certified, factory - trained engineer. Prior to making electrical connections, CONTRACTOR shall have a factory- trained service technician meet at the jobsite to go over the installation to preclude any installation and start -up problems. Startup services shall include, but not be limited to, inspection of CONTRACTOR installation and functional testing of the standby power system. On -site time shall be over and above the cost of travel and travel time to the site. B. CONTRACTOR shall provide a training session for up to three OWNER's representatives for one normal workday (not including startup) at a jobsite location determined by OWNER. The training session shall be conducted by a manufacturer's qualified representative. The training program shall consist of instruction on operation and testing of the assembly, circuit breakers, and major components within the assembly. 3.03 TESTING A. In addition to the standard factory tests, there shall be a 4 -hour continuous load bank test at the jobsite, before connection to load transfer switch, with loads from 10% to 100% of rated capacity to check voltage, frequency, fuel, air cooling, and ventilating systems so that they can be determined adequate for the application. This test shall be accomplished with a portable 3 phase resistive load bank. All emergency warning and detection equipment shall be demonstrated to be operable by simulating failures. A signed test report shall be submitted to OWNER and ENGINEER with deficiencies noted, if any. After this test, the electrical plant shall be connected to the plant and the operation and maintenance of the unit comprehensively demonstrated to OWNER. Correct phasing between the engine - generator and station shall be verified to ensure that it will handle load. A minimum of two power failures shall be simulated. B. CONTRACTOR shall be responsible for all fuel costs for these tests. Section 16230 -11 1154.005/1 -2009 3.04 WARRANTY A. The manufacturer shall warrant that all equipment shall be free from defects in material and workmanship under normal and proper use and service for a period of one year after final completion. END OF SECTION Section 16230 -12 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY 1.02 SUBMITTALS 1.03 QUALITY ASSURANCE PART 2— PRODUCTS SECTION 16253 SERVICE ENTRANCE AUTOMATIC TRANSFER SWITCHES A. Work Included: 1. Provide an automatic transfer switch control system where shown on the drawings. 2. The system shall be a completely integrated assembly for automatic, unattended operation and control of the standby power system. System operation shall be as described in the following sections. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. B. Shop drawings shall include the following: 1. Detailed descriptions of equipment to be furnished, including all deviations from these specifications. 2. Detailed layouts of all cubicles and equipment. 3. The manufacturer shall furnish schematic and wiring diagrams for the automatic transfer switch and an interconnection wiring diagram for the entire standby system. Test reports certified by the manufacturer shall be provided to ENGINEER for the entire system. A. The transfer switch shall be listed by Underwriters' Laboratories, Inc. (Std. 1008) and be approved by the Canadian Standards Association. 2.01 ACCEPTABLE MANUFACTURERS A. The service entrance automatic transfer switch shall be as manufactured by Cummins Power Generation Service Entrance OTPC, 600 amp, 3 pole. B. The drawings and specifications were prepared based on Cummins Power Generation. CONTRACTOR shall include in the Bid and shall be responsible for the cost of any changes to accommodate other equipment. CONTRACTOR shall also pay additional costs necessary for revisions of drawings and /or specifications by ENGINEER. Section 16253 -1 1154.005/1 -2009 2.02 SERVICE ENTRANCE AUTOMATIC TRANSFER SWITCHES A. One complete service entrance automatic transfer switch shall be provided. Interlocked molded case circuit breakers or contactors are not acceptable. A service entrance rated molded case circuit breaker shall be provided on the line side of the transfer switch component. The circuit breaker shall be integral to the transfer switch. B. Molded case circuit breaker shall be UL 489 listed. C. The transfer switch shall be capable of switching all classes of load and shall be rated for continuous duty when installed in a nonventilated enclosure constructed in accordance with Underwriters' Laboratories, Inc., Standard UL -1008. The transfer switch shall be provided with a NEMA 3R stainless steel enclosure. 2.03 CONSTRUCTION AND PERFORMANCE A. The transfer switch shall be double throw, actuated by a single electrical operator, momentarily energized, and connected to the transfer mechanism by a simple overcenter linkage with a minimum transfer time of 400 milliseconds. B. The time delay between the opening of the closed contacts and the closing of the open contacts shall allow for voltage decay before transfer. C. The transfer switch shall allow the motor and transformer loads to be reenergized after transfer with normal inrush current. The transfer switch shall be capable of transferring successfully in either direction with 70% of rated voltage applied to the switch terminals. D. The normal and emergency contacts shall be positively interlocked mechanically and electrically to prevent simultaneous closing. Main contacts shall be mechanically locked in position in both the normal and standby positions without the use of hooks, latches, magnets, or springs and shall be silver- tungsten alloy. All contacts shall be 100% rated. Separate arcing contacts with magnetic blowouts shall be provided on all transfer switches. E. The transfer switch shall be equipped with a safe manual operator designed to prevent injury to operating personnel. The manual operator shall provide the same transfer speed as the electrical operator to prevent a flashover from switching the main contacts slowly. 2.04 SEQUENCE OF OPERATION A. Engine starting contacts shall be provided to start the generating plant should the voltage of the normal source drop below 80% on any phase after an adjustable time delay of 0.5 -3 seconds to allow for momentary dips. The transfer switch shall transfer to standby when 90% of rated voltage and frequency has been reached. After restoration of normal power on all phases to 90% of rated voltage, an adjustable time delay period of zero to 31 minutes shall delay retransfer to allow stabilization of normal power. If the standby power source should fail during this time delay period, the switch shall automatically return to the normal source. After retransfer to normal, the engine - generator shall be allowed to operate at no Toad for a period of 5 minutes. Two auxiliary contacts rated 25 amps, 120 volts shall be mounted on the main shaft; one closed on normal, the other closed on standby. All relays, timers, control wiring, and accessories shall be front accessible. In addition, one set of relay contacts shall be provided to open upon loss of the normal power supply. All control wire terminations are to be identified by tubular sleeve -type markers. Section 16253 -2 1154.005/1 -2009 B. The automatic transfer switch shall include the following functions. Adjustable time delays and features described below shall be operator adjustable from the front of the transfer switch, and shall not require the use of a laptop, software, or external programming device. 1. Time delay to override momentary normal source power outages to delay engine start signal and transfer switch operation. Adjustable 0.5 to 90 seconds. 2. Time delay relays to control contact transition time on transfer to either source, adjustable 1 to 300 seconds. 3. Time delay on retransfer to normal. Adjustable 0 -31 minutes, with engine overrun to provide fixed 5- minute unloaded engine operation after retransfer to normal. 4. Test with load- Auto -Test without load selector switch to simulate normal power failure. (Maintained Type).* 5. Contact to close on failure of normal source to initiate engine starting or other customer functions. 6. Contact to open on failure of normal source to initiate engine starting or other customer functions. 7. Green pilot light to indicate switch in normal position.* 8. Red pilot light to indicate switch in standby position.* 9. Auxiliary contact closed in normal position. 10. Auxiliary contact closed in standby position. 11. Adjustable relay to prevent transfer to standby until voltage and frequency of generating plant have reached acceptable limits. 12. Plant exerciser with seven day time clock, multiple test schedules, and programmable exceptions for holidays, weekends, etc. * Front cabinet door mounted. C. When coordinated with circuit breakers, the automatic transfer switch shall have the following overcurrent protection and short circuit withstand capability: Withstand Capability (RMS Amps, Symmetrical) Testing At 480 Vac Breaker Rating ATS Coordinated with Molded Case Circuit Breakers 42,000 Main Circuit 600 Switch Ampere Rating 600 D. During the withstand tests, there shall be no contact welding or damage. The tests shall be performed on identical samples without the use of current limiting fuses. Oscillograph traces across the main contact shall verify that contact separation has not occurred. These procedures shall be in accordance with UL 1008 and testing shall be certified by Underwriters' Laboratories or any nationally recognized independent testing laboratory. E. When conducting temperature rise tests to UL 1008, the manufacturer shall include post - endurance temperature rise tests to verify the ability of the transfer switch to carry full rated current after completing the overload and endurance tests. F. As a precondition for approval, the manufacturer of the automatic transfer switch shall verify that his switches are listed by Underwriters' Laboratories, Inc., Std. UL 1008 with withstand and close -in values at least equal to the interrupting rating of the circuit breaker and /or fuse that is specified to protect the circuit. Section 16253 -3 1154.005/1 -2009 2.05 ARC FLASH HAZARD WARNING LABELS FOR NEW EQUIPMENT A. Equipment specified herein shall be provided with arc flash hazard warning labels based on an arc flash hazard analysis performed by the equipment manufacturer. B. Warning labels shall be self- adhesive vinyl, four - inches by six - inches, and be as manufactured by Conney Safety products, or equal. PART 3— EXECUTION 3.01 INSTALLATION A. The installation of this system shall comply with the directions and recommendations of authorized factory representatives. These representatives shall offer the supervision necessary for proper installation. B. A final inspection and an initial start-up of the system shall be provided by the factory representatives. C. A letter of certification written by the authorized factory representatives which states that the system is properly installed and does properly function as recommended by the factory and as described herein shall be submitted to ENGINEER. D. A test run shall be performed by the authorized factory representatives in the presence of CONTRACTOR and ENGINEER or his representatives; the time of this test run shall be mutually agreed upon by all persons concerned. 3.02 STARTUP AND TRAINING A. CONTRACTOR shall include eight hours of startup by a certified, factory- trained engineer. Startup services shall include, but not be limited to, inspection of CONTRACTOR installation and functional testing of the ATS assembly. On -site time shall be over and above the cost of travel and travel time to the site. B. CONTRACTOR shall provide a training session for up to three OWNER's representatives for one normal workday (not including startup) at a jobsite location determined by OWNER. The training session shall be conducted by a manufacturer's qualified representative. The training program shall consist of instruction on operation and testing of the assembly, simulated outages, and review of major components within the assembly. 3.03 WARRANTY A. The manufacturer shall warrant that all equipment shall be free from defects in material and workmanship under normal and proper use and service for a period of one year after final completion. END OF SECTION Section 16253 -4 1154.005/1-2009 SECTION 16412 TRANSIENT VOLTAGE SURGE SUPPRESSION (TVSS) PART 1— GENERAL 1.01 SUMMARY A. Work Included: Service entrance devices. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 REFERENCES A. ANSI /IEEE C62.41 and C62.45. B. NFPA 70, and 75. C. UL 1449, most recent issue. 1.03 QUALITY ASSURANCE A. Manufacturers of transient voltage surge suppressors. Firms regularly engaged in the manufacture of these products of the types and ratings whose products have been in satisfactory use in similar service for not Tess than 5 years. B. Installer: A firm with at least 5 years of successful installation experience on projects with electrical wiring installation work similar to that in this project. C. Code Compliance: Comply with National Electrical Code (NFPA 70) and any and all local codes as applicable to construction and installation of electrical wiring devices, material, and equipment herein specified. D. UL Labels: Provide TVSS devices which have been listed and labeled by Underwriters' Laboratories. E. NECA Standard: Comply with applicable portions of National Electrical Contractor's Association's "Standard of Installation." 1.04 SUBMITTALS A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. B. Shop Drawings for Equipment Panels: Include wiring schematic diagram, wiring diagram, outline drawing, and construction diagram as described in ANSI /NEMA ICS 1. Test reports certified by the manufacturer shall be provided to ENGINEER upon request for each model submitted. Section 16412 -1 1154.005/1 -2009 1.05 WARRANTIES A. Manufacturer shall provide a 10 -year warranty from the date of substantial completion to cover repair or replacement of the device. This warranty shall exclude plug -in modules and coordinated fuses, both of which shall carry a lifetime warranty. PART 2— PRODUCTS 2.01 GENERAL A. These specifications describe the electrical and mechanical requirements for high energy transient voltage (service entrance and branch panels) surge suppressors. The specified surge protective device shall provide effective energy surge diversion for application in ANSI /IEEE C62.41 -1991 location Category C3 (service entrance). Testing shall be per ANSI /IEEE C62.45 -1992 using ANSI /IEEE C62.41 Category C3, waveforms and amplitudes. B. The system individual units shall be UL listed under UL1449 Standard for Transient Voltage Surge Suppression (TVSS) and the surge ratings shall be permanently affixed to the TVSS. C. Operating Temperature: Operating temperature range shall be -40 to +55 °C ( -40 to 131°F). D. Storage Temperature: Storage temperature range shall be -40 to +85 °C. E. Relative Humidity: Operation shall be reliable in an environment with 0% to 95% noncondensing relative humidity. F. Operating Altitude: The system shall be capable of operation up to an altitude of 13,000 feet above sea level. G. Design Life: >15 years. H. Operating Voltage: Maximum continuous operating voltage shall be no less than 115% of the nominal rated line voltage. I. Power Frequency: The power frequency range shall be at 47 to 440 Hertz. J. All TVSS devices shall be MOV type. Noise filtering capabilities shall be provided as an option for the devices specified herein. 2.02 SERVICE ENTRANCE DEVICES A. The maximum surge current capacity per phase of the specified system, based on the standard IEEE 8/20 microsecond waveform, shall be at least: 1 Event at 160 kA. The surge life (8/20) shall be at least 6kA for 10,000 occurrences. The transient suppression capability shall be bidirectional and suppress both positive and negative impulses. Section 16412 -2 1154.005/1 -2009 B. The suppressor shall be capable of interrupting a 65 kA, short circuit current delivered from the AC power line. The interrupt capability must be confirmed and documented by a recognized independent testing laboratory. C. The suppressor shall be designed so as to minimize the internal surge path impedance. Direct point -to -point internal wiring is inherently inductive and not acceptable. Connection to the power service shall be constructed as shown in the manufacturer's installation notes for best performance. D. The system shall be constructed using field replaceable plug -in modules. The module shall consist of multiple 40 mm metal oxide varistors. The status of each module shall be locally monitored with a red LED that will illuminate if the module protection is reduced. Protector shall provide redundant protection within each phase module with two replaceable fuses per module. E. Red and green solidstate LED indicators shall be provided on the hinged front cover to indicate protection status. An illuminated green LED indicates power is present at the protector on all phases, and an illuminated red LED shall indicate that one or more of the modules have reduced protection. Both front panel and internal LEDs are required to provide power and fault indications. Relay operation shall be in a failsafe operating mode, i.e., continuously energized so that power failure, reduced protection, or a break in the remote monitoring line will cause a fault indication at the remote monitor. Neon indicators are not permitted. F. Relay alarm contacts shall be provided for remote alarm monitoring capability of unit status. Normally open and normally closed contacts shall be provided with voltage and current limiting protection. G. The system shall be equipped with an audible alarm which shall be activated when any one or more of the modules has a reduced protection condition. A mute switch shall be provided for the audible alarm. H. A front panel built -in surge counter shall be included to record the number of suppression events. A switch shall be provided for resetting the counter. I. A 14 gauge, NEMA Type 4, steel enclosure, with corrosion - resistant hardware shall be provided for the unit. J. Service entrance devices shall be as manufactured by MCG, SF160M Series, or equal. 2.03 ARC FLASH HAZARD WARNING LABELS FOR NEW EQUIPMENT A. Equipment specified herein shall be provided with arc flash hazard warning labels based on an arc flash hazard analysis performed by the equipment manufacturer. B. Warning labels shall be self- adhesive vinyl, four- inches by six - inches, and be as manufactured by Conney Safety products, or equal. Section 16412 -3 1154.005/1 -2009 PART 3— EXECUTION 3.01 INSTALLATION A. The installation and testing of the system shall be in full accordance with the manufacturer's installation and maintenance instructions and all national and local codes. B. Each device shall be installed in parallel with the protected equipment. No series connected protective elements shall be used. Each installed device shall be fed by a 3 -pole, 30 -amp circuit breaker in the protected panel. C. Units shall be installed as close as practical to the electrical panel. Low impedance cabling furnished by the manufacturer shall be utilized for service entrance and branch panel devices. D. Manufacturer shall provide protection modules and coordinated fuses under a no -cost lifetime replacement warranty. END OF SECTION Section 16412 -4 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY A. Work Included: 1. Disconnect switches. 2. Fractional HP motor switches. 1.02 ; REFERENCES A. NEMA KS 1— Enclosed Switches. 1.03 SUBMITTALS 2.03 ENCLOSURES SECTION 16440 DISCONNECT SWITCHES B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. A. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. B. Include outline drawings with dimensions and equipment ratings for voltage, capacity, horsepower, and short- circuit. PART 2— PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Disconnect Switches: Square D, Class 3110 or Cutler Hammer Type DH. B. Substitutions: Under provisions of the General Conditions. 2.02 DISCONNECT SWITCHES A. Nonfusible Disconnect Switches: NEMA KS 1; heavy -duty, quick -make, quick- break, load interrupter enclosed knife switch with externally operable handle interlocked to prevent opening front cover with switch in "On" position. A defeater shall be provided to bypass this interlock. Handle lockable in "Off' position. A. Provide disconnect switch enclosures as listed below, unless noted otherwise on the drawings: 1. Outdoor or wet location: NEMA 4X, stainless steel. Section 16440 -1 1154.005/1 -2009 2.04 ARC FLASH HAZARD WARNING LABELS FOR NEW EQUIPMENT A. Equipment specified herein shall be provided with arc flash hazard warning labels based on an arc flash hazard analysis performed by the equipment manufacturer. B. Warning labels shall be self- adhesive vinyl, four - inches by six - inches, and be as manufactured by Conney Safety products, or equal. PART 3— EXECUTION 3.01 INSTALLATION A. Provide disconnect switches where indicated on the drawings. B. Disconnects indicated to have auxiliary contacts shall have contacts by the disconnect manufacturer. Power to auxiliary contacts at field devices shall be removed when the disconnect is in the "Off' position. END OF SECTION Section 16440 -2 1154.005/1 -2009 PART 1— GENERAL 1.01 SUMMARY SECTION 16450 SECONDARY GROUNDING A. Work Included: 1. Power system grounding. 2. Electrical equipment and raceway grounding and bonding. B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section. 1.02 SUBMITTALS A. Indicate location of system grounding electrode connections and routing of grounding electrode conductor, B. Submit shop drawings and product data in accordance with provisions of Section 01300 — Submittals. PART 2— PRODUCTS 2.01 MATERIALS A. Ground Rods: Copper bonded, 5/8- inch - diameter, minimum length 10 feet. B. Ground Connections Below Grade: Exothermic type - Cadweld, or equal. C. Ground Fittings: O- Z/Gedney, Type ABG, CG, TG, KG, GBL, or equal. PART 3— EXECUTION 3.01 INSTALLATION A. Provide a separate, insulated equipment grounding conductor and neutral conductor (where applicable) for each feeder and branch circuit. Terminate each end on a grounding lug, bus, or bushing. B. Bond together system neutrals, service equipment enclosures, exposed noncurrent carrying metal parts of electrical equipment, metal raceway systems, grounding conductor in raceways and cables, receptacle ground connectors, and cold water plumbing systems. C. Connect grounding electrode conductors to the existing MCC service entrance ground. D. Ground system, transformer neutrals and equipment as required by code and local ordinances. Section 16450 -1 1154.005/1 -2009 E. All bare copper conductors installed outdoors shall be buried a minimum of 2 feet below grade. F. A minimum of three ground rods at 15 -foot separations near service entrance of each building shall be provided and ground wires must attach to the existing MCC service entrance ground. These shall be connected to ground bus by conductors sized to code requirements. The above are minimum requirements. G. All ground conductors shall be installed in PVC conduit. All conduit bends shall be made using sweep elbows. Conduit bodies and 90° bends are not allowed. H. Include ground for grounded receptacles, light fixtures, telephone system, motors, and equipment items shown on drawings. I. Flexible connections do not qualify for ground. All flexible connections must have separate green ground wire from device or equipment frame to conduit system. J. All equipment in NEMA 4X areas that are fed from circuits in PVC conduit shall be provided with a separate green ground wire that is terminated at the metallic conduit system and the equipment. K. Separately derived systems as defined by the National Electric Code shall be grounded as such. This shall include, but not be limited to, 4 -wire standby generators. 3.02 TESTING A. Inspect grounding and bonding system conductors and connections for tightness and proper installation. B. Provide ground system resistance test report for each ground grid. Test reports shall document ground system resistance following the three point "fall of potential" test. The test results shall include a graph of the results, plus a diagram of the testing layout. A single point of measurement is not acceptable, and the two point method of ground system testing shall only be used where there is no or insufficient "open earth" area to use the three point Fall -of- Potential method. Resistance at any point in the grounding system shall not exceed 5 ohms. All ground system tests shall be witnessed by ENGINEER. C. The test meter shall be Associated Research Vibroground test set with null balance, James A. Biddle Megger Earth-Tester-Null Balance, or approved equal. All ground system tests shall be performed in accordance with the procedures outlined in the instruction manuals of the ground system test report. D. Individual ground rods when tested separately shall be isolated from all metallic connections, such as from the ground rod to other grounded structures and electrical system neutrals. E. Multiple ground rod grids shall be isolated from all metallic connections, such as from grid under test to other grounded structures, and electrical system neutrals. Section 16450 -2 1154.005/1 -2009 F. Provide test report using the attached form, 16450. Each ground grid, including service entrance transformers, switchgear, etc., shall have a form submitted. END OF SECTION Section 16450 -3 1154.005/1.2009 TEST PERFORMED BY: TEST WITNESSED BY: FORM 16450 GROUND ROD RESISTANCE TO EARTH TEST RECORD 1. DATE 2. PROJECT NAME 3. LOCATION OF TEST 4. DRAWING NO. 5. GROUND ROD TYPE DIAMETER LENGTH 6. TEST METHOD INSTRUMENT TYPE SERIAL NO. 7. REQUIRED MAXIMUM RESISTANCE TO EARTH 8. MEASURED RESISTANCE TO EARTH ROD 1 ROD 2 ROD 3 Signature Signature Contract 1 -2009 Date Section 16450 -4 1154.005/1 -2009