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ROOF REPLACEMENT/MERCER PARK AQUATIC CTR/2007
ROOF REPLACEMENT/ MERCER PARK AQUATIC CENTER/ 2007 5 -~~N - 07 b-J~~-o ~1 ~~.~ g ~.~2sol~~K D7-/6`t'~ 5~~++~ 4. ~k~ lic ~.r~v,c~ an ~~cn~e. ~( -~ {' o~ 7 v~ ~-~(a+~S , s~~4 -C ~ ~~ ~sx.S~ -~o~-v~n, o~ COrt~r~~ ~ ~i r~~ ~' ~~ CA r CD Csica o '~a. ~ ~Qr'~ iC r t , ~ ~ ~ ~~ ~ ~ ~ ~ ~ C~~e~r ~~- ~~aGCr.~~e.~ hroJ e~ ~; /ec--~, r~ C ~ ~.jC~2r~, ~`-p ~~,c.~ ~~~ s~ rw-~t=• t.~ o`t' Sa.i ~ ~2r~r~r~c~, ~ ~ ~t -KL~„ f ~+ (~ ~ o ~f ~ ~ ~ ~ ~ C ~Q r i~¢`tv- ~ D p ~~.t. ~t ;0.5 ~ ~ ~ 4K.S O h. ~-• ~ "~Or ~'" l ~! E t ` ~' O~ ~~;~k..61•,~ ~ns~. ~,;~ N~-~ C~ C't~ ~~~ l's c ' ` ~dt'~'t- +nQ O ~ l ~.~5~ s~~:. -~ ~ ~~ : o,,.s, ~roP~ ~ z Co,~-~~ . No~-~. ~. -~ ~,dd~.~s !q- J~c~v- 07 ~~CSo lu~~on, 0 7- / ? 9 c;~pf Dying ~ l~~s~ SPec;-~-'cc~-~:~r-t,s , -tvrw~. I! ' w ~ Ca~~^~{-- w~ta. es ~=~ n~~ a-F- CD~- -~or ~ CDiZ.S~e -~~~~_ o~ ' / - p~ (~ ( Q~ 1 ! '~'~!~ I v 12~:2v' 1 RY` ~L ~~t~~: c ~ r~~2Y' _ E~ I t'2~ ~R.C~ m{ ~ ~~ra~ ~.c-~- ~-l~.bl;5~; ~ ama~~c~- try .6: ~ se~ur ~ c:~ i r~~-~~n C,~ ~ I (~ ~ ~~ 4 ~ ~-Q V' ~- ~7 ~ti..~ ~ i S ~ 2dV ~ i S 2.YVt 2v~ 'ho r ~ , d~ S ~ '~ r /Lg 1~-~ r-'~-~2 ~~;i u , „1~ ~ ~ ~ I ~ \ ~l~n S C;~~n al ~J ~ ~C.. ~ ~ ~~ C_ C\~ ~ V ~~~°~~~~~, C~v~~r it } l 1~~ 1 `\ ~^ 1 -, u.h - V } j ~ ~ O `~~ C~_ ~ o ~ ~ ~~.A,Y~S ~C o r ~~v- G,~2Y` ~~/~ ~~V ~C i ~.~ I [~ (~ ., I ~, ~ '~ ~ CO-I tg~-~~y~ a ~~~ J- a V ~.e ctic. ~,r~ _c„~ ~-~Y' c..iY- ~ 0.r\` ~ V v` ` ~ C.r ~v,~ ~.~ ~ O O ~ ~ e~~1i,~n ~ V ~\ ~a . ~ 31 D ^.Abu.LATt01~ 5 ~ -~~ ~QSo(~' i vs~. ~ 7_ 2 2Z Q ~~c~ ~r~'~ o<v~ c~io~:zr -3- - ~o~s~l~ruc--E-; o~-, ~ vl`~f-rczc~- ~ I~ ~--~Y- rna ~ c~ ~ ~ ~ ~~ °`,~ ~ (5 - ~k t - ~ ti CEO ltJl~-c7~- O ~ - a ! O 0.CCQ.~-+ ~ ~~ •2 ~J O Y' j< ~f' o .^ ^~ /- l~.r C.•e r• ~c~ v ~. hGt.~;G ~ers~.Qlr ~10c~ ~~ ~OS.e.w,~ ~rOJ •~L~` 8 ~/ d J 4d 1 Prepared by: Kumi Moms, Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 07-164 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 19, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 19th day of June, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 5th day of June , 20~_. MA OR ATTEST: CITY ERK Approved by q ~~ ;,j~~ City Attorney's Office pweng\masters\setph-mercem~of607.doc Resolution No. Page 2 07-164 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: X ~_ X -~ X ~- x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Mercer Park Aquatic Center Roof Replacement 2007 Project in said City at 7:00 p.m. on the 19~' day of June, 2007, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided bylaw. MARIAN K. KARR, CITY CLERK pweng~nphUnercer roof.doc 9/99 „ __ ^3 i~ r,~, PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT FOR THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 IOWA CITY, IOWA PREPARED BY VJ ENGINEERING 2570 HOLIDAY RD. CORALVILLE, IA 52241 t ~%~.~.. ~~~ ~~ ~Q ~~ ~~~ F I r ~'~_~ ~ ~. ;j ~~~ ~ , ;, t ' , r,~ PLANS, SPECIFICATIONS, PROPOSAL AND CONTRACT FOR THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 -IOWA CITY, IOWA -- I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. SIGNED: r~ ~ ri., ~ ~~ ~ DarreTCL. Smith, P.E., RRC Van Winkle-Jacob Engineering, Inc. Iowa Lic. No. 11460 My license renewal date is December 31, 2008 DATE: ~OU ~1~ ~~ ~~ ~~ ~~~ t- ~ ~__,_ i _ ~__~ NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF _ _ CONTRACT AND ESTIMATED COST FOR MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Mercer Park Aquatic Center Roof Replacement 2007 in said City at 7 p.m. on the 19th day of June, 2007, said meeting to be held in the Emma J. Harvat Hall in the City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK 717 ~~ !'~ - 1 ._ , ~ 1 ~;-- NOTICE TO BIDDERS MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT ~- `E r` ~ w,-'~- ~ - .~ Sealed proposals will be received by the City Clerk of the City of Iowa City, lovaa, b fpfe 10:00 A.M. on the 16T" day of July, 2007. Sealed proposals will be opened immediately thereafter ~y ~fihe ::City `,En~inse~- or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Prdpos~l's will be acted upon by the City Council at its next regular meeting to be held in the Emma J. Harvatl~~aJl at ~:op ~:M._on the 24th - day of July, 2007, or at a special meeting called for that purpose. ,~., '~ ~ ~"'% a': The Project will involve the following: Removing the existing roof membrane and replacing with a new roof membrane on the existing aquatic facility at 2701 Bradford Drive, Iowa City. All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. - The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: - Specified Start Date: August 1, 2007 Completion Date: November 16, 2007 Liquidated Damages: $250.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of VJ Engineering, Coralville, Iowa, by bona fide bidders. VJ Engineering may be contacted at (319) 338-4939. A $30.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to VJ Engineering. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. --- Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). _ The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. -- A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. 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. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. -" - Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pweng\notice to bidders\mercer roof.doc SPECIFICATIONS TABLE OF CONTENTS ~~' k° ~.~ r` ~ TITLE SHEET _ _ NOTICE OF PUBLIC HEARING n,~.~ ~ :. 1:."~ Y ..l ;.~ .... ~" r.,, ~ `' ' `' 2~ i } ;._ ADVERTISEMENT FOR BIDS ~:~, tL. __ , ''7 TABLE OF CONTENTS - INSTRUCTIONS TO BIDDERS BID FORM BID BOND -- CONSTRUCTION CONTRACT PERFORMANCE AND PAYMENT BOND EJCDC STANDARD GENERAL CONDITIONS -- SUPPLEMENTARY CONDITIONS TECHNICAL SECTION Section 01010 General Requirements & Information Section 01039 Project Meetings Section 01045 Cutting & Patching Section 01340 Shop Drawings, Project Data Sheets Section 02000 Site Work Section 06100 Rough Carpentry Section 07220 Roof and Deck Insulation Section 07531 Elastomeric Sheet Roofing-Fully Adhered Section 07600 Flashing & Sheet Metal Section 07900 Sealants Section 08952 Insulated Translucent Fiberglass Sandwich Panel Roof System Section 077253 Snowguards CONTRACT COMPLIANCE PROGRAM r.."' f J ._ .... l _ f Y .. .. _.,_ / .:/ - 2_0 CITY OF IOWA CITY -INSTRUCTIONS TO BIDDERS 1 c~ ,- }} i~T` ~. 2.1 PROJECT: MERCER PARK AQUATIC CENTER ROOF REPL`A~CEN~111'1' 2007 ~ v, OWNER'S OWNER PROJECT COORDINATOR ENGINEER (A/E~ -- City of Iowa City Kumi Morris Darrell L. Smith, P.E., RRC 410 Washington St 410 Washington St. VJ Engineering Iowa City, IA 52240 Iowa City, IA 52240 2570 Holiday Rd. (319) 356-5100 Coralville, IA 52241 (319)-338-4939 2.2 DESCRIPTION: This project consists of the following: Removal of existing gravel ballast and existing single ply sheet, re-use of existing installation and installation of new insulation and fully adhered EPDM sheet on roof levels noted. Removal of the existing translucent skylight system and replacement with a new system. __ 2.3 TYPES OF SUBMISSION OF BIDS: 1. Single Contract Bid 2. Bidders shall submit bids in a sealed, opaque envelope, identified with: __ a. Project Name: MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 b. Name of Bidder 3. Address bids to: City of Iowa City City Clerk City Hall __ Iowa City, IA 52240 ATTN: MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 __ 2.4 TIME AND PLACE: Bids will be received by the city Clerk at the City Hall on Thursday, July 24th, 2007 before 10:00 A.M. 2.5 DOCUMENTS: 1. Prime bidders may obtain one set of project documents from the Engineer's Office located - at 2570 Holiday Rd. Coralville, IA 52241. $30 non-refundable fee payable to VJ Engineering. 2. Prime Contractors not bidding asked to return documents within seven (7) calendar days - of their receipt. 3. Subcontractors and Material Suppliers may examine documents at the City Hall. If documents are required for longer than a 24-hour period, documents must be obtained -- from the Engineer's Office. IB-1 2.6 EXAMINATIONS: Bidder shall cazefully examine the project manual and construction site to obtain first-hand knowledge of existing conditions. Contractors will not be given extra payment for conditions which can be determined by examining the site and documents. All information given on the Drawings or in the other Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other structures is from the best sources at present available to the Owner. All such information is furnished only for the - - information and convenience of bidders and is not guaranteed. It is agreed and understood that the Owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes or other structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract ~-, ~ocumencs. ~- e~"~ fr ~'~ C~{is.agreed further and understood that no Bidder or contractor shall use or be entitled to use any ,''~' `~~ information made available to it or obtained in any examination made by it in any manner ^ `~~, :: ,,_ ~~s,.~asis of or ground for any claim or demand against the Owner or the Engineer, arising from ;, _;~.. ~ ason of any variance which may exist between the information made available and the ~ ,_.- -, ac a bsurface or other conditions, natural phenomena, existing pipes or other structures ~^ ~,`T actually encountered during the construction work, except as may otherwise be expressly provided ~:a `'for in the Contract Documents. 2.7 QUESTIONS AND INTERPRETATIONS: - 1. Submit all questions to the Engineer in writing. If clarification is necessary, written ,~ addendum will be issued to the plan holders of record. 2. Neither the Owner nor the Engineer will be responsible for oral instructions. 3. Questions received less than seven (7) calendar days before bid opening cannot be answered. 4. If a bidder, subcontractor or material supplier has any doubts as to the intentions of the drawings and specifications, or if he finds discrepancies in or omissions from them, the ,^ Engineer shall be notified immediately. 5. A pre-bid conference will be held at the Mercer Aquatic Park Conference room on Monda~July 9~", at 10:00 A.M. r, 2.8 SUBSTITUTIONS: 1. To obtain approval of unspecified products, bidders shall submit written requests at least ---, seven (7) working days before the bid date and hour. Requests received after this time will not be considered. Requests shall clearly describe the products for which approval is asked, including all data necessary to demonstrate acceptability. If the product is ^ acceptable, the Engineer will approve it in an addendum issued to all plan holders. 2. Substitutions after the bid date will be considered only if: a. Specific product or approved substitution is not available or delivery schedule ^ would cause construction delay. b. Savings because of approved substitution are credited to the Owner. IB-2 ,. ., ,, ~ ~~-_ .. . 2.9 PREPARATION OF BIDS: ~ v'~;i'. ~ ~ ~~~ ~' ' r.~ n a 1. Bids shall be made on unaltered copies of the bid form furnished by the Engi{~~er~:Ftll~in all blank spaces and submit one copy. Additions, deletions or~o~lifications to the bid form are discouraged and may disqualify bidder. "' r.._; t~,'; ; ,. 2. Bidders shall acknowledge receipt of addenda in the space provided on the b~d/''fori~. 3. Bids shall be signed, in the name of the firm, only by authorized persons, such as in the case of: Sole Proprietorships - By Owner Partnerships -One or more partners Corporations -Corporate officers of that corporation 4. Bids signed by others than the above shall have attached evidence ofpower-of-attorney. 5. The Contractor shall name persons, firms, or other parties to whom it proposes to award a subcontract under this contract as required on the BID FORM. 2.10 BID SECURITY: 1. Bids must be accompanied by a bid bond in the amount equal to ten percent (10%) of the maximum value of the bid, including any add alternatives. Bid security will serve as Liquidated Damages if a bidder who is offered a contract fails within ten days to: a. Furnish Performance Bond b. File Insurance Certificates c. Sign Contract 2. Bid security of three lowest bidders will be retained until contracts are executed. All others will be returned within five (5) days of Bid Opening. 3. If contracts are not executed within 30 days, bid security of all bidders will be returned, except those forfeited. 4. The Owner reserves the right to return the bid security of bidders who, when offered contract, decline when the Owner believes it to be an unrealistic penalty against a reputable contractor for an honest error. 2.11 SURETY BOND REQUIREMENT: - 1. Performance bond and labor and materials payment bonds are required in the full amount of the contract, and shall be obtained and paid for by the Contractor. 2. Bonds shall be issued by a bonding company licensed to transact business in the locality of the project and delivered to the Owner in the appropriate form not later than the date of execution of contract. Three copies of the bond are required. 2.12 SUBCONTRACTORS: Successful bidder shall furnish to the Engineer, for approval, a written list of proposed subcontractors and material suppliers within fifteen (15) days after receiving the bids and prior to the execution of the contract. 2.13 MODIFICATION AND WITHDRAWAL: 1. Bids may not be modified after submittal. 2. Bids may be withdrawn at any time prior to bid openings, but may not be resubmitted. 3. No bid may be withdrawn for a period of thirty (30) days after the bid opening. IB-3 f`, L.r~ `t ? 2.14 DISQUALIFICATION: 1. The Owner reserves the right to disqualify bids, before or after opening upon evidence of , collusion with intent to defraud or other illegal practices upon the part of the bidder. 2. No award will be made to any Bidder who cannot satisfy the Owner that the Bidder has sufficient ability and experience in this class of work and sufficient capital and plant to enable the Bidder to prosecute and complete the Work successfully within the time named. The Owner's decision or judgment on these matters shall be final, conclusive, and binding. The Owner may make such investigations as it deems necessary, and the Bidder shall furnish to the Owner, under oath if so required, all such information and data for this ~, .cL purpose as the Owner may request. _ ''' The Owner may reject Bids which in its sole judgment are either incomplete, conditions, `'' €~~. -- ~ ~-~ ~ obscure or not responsive or which contain additions not called for, erasures not properly . ~~ _.~~ ~ initialed, alterations, or similar irregularities, or the Owner may waive such omissions, ,-~ ~ ~,,, conditions or irregulanhes. ' ~_ .~. The Owner reserves the right to reject any or all Bids, should the Owner deem it to be in ~~^~~ ~ ~ the public interest to do so. .- 2.1~t~=~= GOVERNING LAWS AND REGULATIONS: 1. The bidder's attention is directed to the fact that all applicable federal, state and municipal laws and ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract as though therein written out in full. ~;~ . L'-- 2.16 AWARD OF CONTRACT: 1. The contract will be awarded on the basis of low bid, including full consideration of unit prices and accepted alternatives. 2.17 EXECUTION OF CONTRACT: 1. The Owner reserves the right to accept any bid and to reject any and all bids, or to negotiate contract terms with the various bidders, when such is deemed by the Owner to be in his best interest, and to waive irregularities. 2. Each bidder shall be prepared, if so requested by the Owner, to present evidence of his experience, qualifications and financial responsibility to carry out the terms of the contract. 3. Not withstanding any delay in the preparation and execution of the formal contract agreement, each bidder shall be prepared, upon written notice of bid acceptance, to commence work within seven (7) days following receipt of official written order of the Owner to proceed, or on date stipulated in such order. Work shall be completed by the date indicated in the specifications. 2.18 FORM OF SPECIFICATIONS: 1. The specifications are of an abbreviated, simplified, or streamlined type, and include incomplete sentences. 2. Words such as "shall," "shall be" and other mandatory phrases shall be supplied by inference. r- IB-4 3. Whenever the word "approved, satisfactory, directed, submitted, inspected" or similar words or phrases are used, it shall be assumed that words "Engineer or his representative" follow the verb as the objective of the clause, such as "approved by the Engineer or his representative." 4. References to published standards, specifications, and directions shall mean the latest edition of date of bid opening. In case of conflict between referred standards, specifications, or direction, the more stringent requirement shall govern. 2.19 COMPLETION DATE: Exception for such work as may be required to properly maintain lights and barricades. Work will be permitted on Sundays or legal holidays upon sufficient notice and permission of the City. This project shall have a completion schedule as follows: November 16, 2007 If the Contractor fails to complete the project within the agreed upon Contract Time, the Contractor shall be responsible for all costs incidental to the completion of the project. Such costs shall include additional engineering/consulting fees incurred by the Owner due to the Contractor's failure to complete the project by the time specified. An appropriate Change Order will then be made for reimbursement to the Owner for subsequent reimbursement to the Consultant. Such cost will be a minimum of $250 per day and not exceed $500 per day. Final Payment: Notwithstanding any provision to the contrary in this Contract, final payment of the retainage due the Contractor will be made not earlier than 31 days from the final acceptance of the work by the Owner, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa, 2001, as amended. 2.20 RETAINAGE: Contract progress payments are subject to 10% retainage. Retainage due no sooner than thirty days after formal City Council acceptance of completed contract work. _.~ ~- . =, -- ~__ _,~ r.-., ~ - -~.~-: 1ui ~~ ~_~ IB-5 r~ f~~ ~ %0.`i ;~'r~ BID FORM ~ ~~%a ~~,,, S J , ~; To the City of Iowa City, Iowa, herein called the Owner, acting by and thYOUgh its ~o~i~ldtirLg Engineer, for the construction of the Mercer Park Aquatic Center Roof It~l~cer~ient 2007 ' ~ The Undersigned, as Bidder, declares as follows: " d .;7 1. The only parties interested in this BID as Principals are named herein; 2. This Bid is made without collusion with any other person, firm, or corporation; 3. No officer, agent, or employee of the Owner is directly or indirectly interested in this BID; 4. Bidder has carefully examined the site of the proposed Work and is fully informed and satisfied as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and Bidder has carefully read and examined the Drawings, the annexed proposed AGREEMENT, the Specifications, any addenda and other contract Documents therein referred to and knows and understands the terms and provisions thereof; 5. Bidder understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) has been furnished only for Bidder's information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered will be the same as those shown on the Drawings or in any of the other Contract Documents and Bidder agrees not to use or be entitled to use any such information made available to Bidder through the Contract Documents or otherwise or obtained through examination of the site, as a basis of or ground for any claim against the Owner or the Engineer arising from or by reason of any variance which may exist between the aforesaid information made available or acquired by bidder and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered during the construction work, and Bidder has made due allowance therefor in this BID; 6. And Bidder understands that the quantities of work tabulated in this BID or indicated on the Drawings or in the Specifications or other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Engineer; 7. And Bidder agrees that if this BID is accepted, Bidder will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Engineer, this BID form being part of said Contract Documents, and that Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Engineer as therein set forth, and that Bidder will take in full payment therefore the lump sum or unit price applicable to each item of the work as stated in the schedule below. B-1 (NOTE: Bidders must bid on each item. All entries in the entire BID must be made clearly and in ink; total bid price must be written in both words and figures.) BASE PROPOSAL: Description Total A. Re-roof Levels A, B, C, D, E, F & G Lump Sum $ - B. Remove and replace existing wet/missing insulation 1,400 s.f. /s.f $ C. Remove existing translucent skylight shed roof and replace with new system $ Bidder agrees to perform all of the work described in the proposed Contract Documents and shown on the Drawings for the Base Bid package for the sum of (words) ($ ).(numbers) Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. As provided in the INFORMATION FOR BIDDERS, the Bidder hereby agreed that Bidder will not withdraw this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this Bid, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for signature. Should the Bidder fail to fulfill any of the agreements as hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check which shall become the Owner's property. If a bid bond was given, it is agreed that the amount, thereof, shall be paid as liquidated damages to the owner by the Surety. This Bid includes Addenda number (To be filled in by Bidder if Addenda are issued). ~~! ~!~ ~"=~pI B-2 The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID fairly and reasonably represents the amount of damages the Owner will suffer due to the failure of the Bidder to fulfill the Bidder's agreements as above provided. (SEAL) BY (Signature and Title of Authorized Representative) Business Address City and State Date The bidder is a corporation incorporated in the State (or Commonwealth) of - a partnership - an individual. (Bidder must add and delete as necessary to make this sentence read correctly.) (Note: If the Bidder is a corporation, affix corporate seal and give below the names of its president, treasurer, and general manager if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential addresses if different from business address.) The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: The Bidder is requested to state below completed work of a similar character to that included in the proposed Contract and to give references that will enable the Owner to judge experience, skill, and business standing. ,~, ~~ `..., L- - --~, - - -~ ; __ - _ _.._ __ - ~, -~ `._ _ y _, Gi (Add supplementary page if necessary) B-3 The Bidder shall provide a complete list of person, firms or other parties to whom it proposes to award a subcontract under this Contract in the spaces provided below: If awarded the Contract, Bidder shall not assign the Contract or subcontract the Work or any portion thereof to any persons, firms, or corporations not listed hereinabove without the previous written consent of the Owner. ,, ~~;~'~~~~ ~~'~'~C71 ~~ .~ ,Air, ~?- , , "; °~.: ; ;. ~, B-4 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and , as Surety, are held and firmly bound unto the, City of Iowa City, Iowa, hereinafter called the "OWNER", in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum will truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated ~, 20_, for said Project: `~ ~, ~:, ~, TRANSIT BUILDING RE-ROOFING PROJECT ~ ~• ~., NOW THEREFORE, (a} If said Bid shall be rejected, or in the alternate, ~ , - r~ ~- (b) If said Bid shall be accepted and the Principal shall execute and '--' !~' deliver acontract in the form as specified and shall furnish abond =y ` for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract or provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. _~~-~~ BB-1 BID BOND IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, 1 and such of them as are corporations have caused their corporate seals to be hereto affixed and - these presents to be signed by their proper officers this day of , 20_ __ (Seal) Witness Principal By Witness Surety By (Title) .(Seal) itle) ATTACH POWER OF ATTORNEY IMPORTANT: Surety companies executing this Bond must appear on the U.S. Treasury Department's current list (Circular 570), as amended and be authorized to transact business in the State of Iowa. BB-2 b/~G f ,, 5~;~~~ -~~~ ~ ~~~;Di ~=: •' [{ ~~ CONSTRUCTION CONTRACT THIS AGREEMENT made this day of , in the year 2007 by and between a corporation organized and existing under the laws of the State of Iowa, hereinafter called the "Contractor", and City of Iowa City, hereinafter called the "OWNER". WITNESSETH, that the Contractor and the Owner for the consideration stated herein mutually agree as follows: ARTICLE 1. STATEMENT OF WORK The Contractor shall furnish all labor, material, equipment and services, and perform and complete all work required for the construction of: DESCRIPTION: MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 including all site improvements indicated on the site(s), in strict accordance with the Specifications and Addenda thereto numbered _and Drawings referred to therein, all as prepared by VJ Engineering.; which said Specification, Addenda, and Drawings are incorporated herein by reference and made a part hereof. ARTICLE 2. THE CONTRACT PRICE The Owner shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the Specifications, the sum of: ($ T ). _ ~ .~_.-, ARTICLE 3. CONTRACT DOCUMENTS. - .-_ '_ The Contract shall consist of the following component parts: ,`:, y ; __. a. This Instrument ~ ~~ '~ ~--' b. General Conditions c. Special Conditions - ~ ``-' r" d. Technical Specifications y~ ~. e. Drawings f. Addenda ARTICLE 4. TIME FOR COMMENCEMENT AND COMPLETION OF WORK. The Contractor shall from the date of the Notice To Proceed begin actual performance hereunder and all work to be performed by the Contractor shall be completed within the scheduled calendar days thereafter. Not withstanding the aforesaid the Contractor shall be excused from the performance time requirements if, during the progress of the work, delay is authorized in writing by the Owner for any or a combination of the following unforeseen or unavoidable causes: (a) Unusual inclement weather. (b) Any act or neglect of the Owner or the Inspection Representative or any employee of either. (c) By any authorized and written changes in the work requirements. (d) By strike(s) (e) By fire, flood, or natural disaster. (f) Other, as approved in writing by the Owner. CC-1 The time of completion as affected by any of the foregoing shall be extended for such reasonable time as in mutually agreed. The Owner shall be empowered to make final decisions on the justifiability of causes offered by the Contractor as a basis for extension(s) of time for performance. The contractor ~` shall schedule construction activities within the time frame described above. Liquidated damages will be assessed as specified beginning the day following the expiration of the above mentioned completion date, to continue until completion subject to the provisions described above. ~. This instrument, together with the other documents enumerated in Article 3, which said other documents are as fully a part of the Contractor as if hereto attached or herein repeated, for the Contract. In the event that any provision in any other component part, the provision of the component part first enumerated in the Article 3 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be construed in the order of preference of the component part of the Contract which each modifies. IN WITNESS HEREOF, the parties hereto have caused this instrument to be executed in four original counterparts as of this date. ATTEST: (Contractor) - By Title ~' Business Address: ATTEST: (Owner) -~ By Title Business Address: ', ~~ 6- r `~ Di _ ~.i' .~' .- PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT (here insert the name and address or legal title of the Contractor) a Principal, hereinafter called the Contractor and (here insert the legal title of Surety) as Surety hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, as obligee, hereinafter called the Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS Contractor has by a written Agreement dated this Day of 2007, entered into a Contract with Owner for: MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 In accordance with drawings and specifications prepared by VJ Engineering which Contract is by reference made a part hereof, it is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the owner. B. Whenever Contractor shall be, and is declared Owner to be, in default under the Contract, the Owner having Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or PB-1 ,,.._, C_--~ `_ -. , _ -- <~, .~-~ -- .~ -t _,..~ _. r, ya rw "1 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions and upon determination by Owner and Surety of the lowest responsive, responsible bidder, arrange for a Contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments there to, less the amount properly paid by Owner to Contractor. C. The Contractor and his surety shall, in accordance with the provisions of Chapter 384, Code Of Iowa and these Contract Documents, be obligated' to keep the work constructed under this Contract and covered by this Bond in good repair for a period of two (2) years from the date of acceptance of the construction by the Owner. D. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. E. No right of action shall accrue to or for the use of any person, or corporation other than the Owner named herein or the heirs, executors, administrators or successors or Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety shall in accordance with the provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the Principal or with Subcontractors all just claims due them for labor performed or materials furnished in the performance of the Contract on account of which this Bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this Bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS DAY OF IN THE PRESENCE OF: Witness Witness ~~~' •'(-t ~~~ .~ ~~' .'' ''1~ -~ t 20 A.D. (Principal) Title Surety Title PB-2 `t l ~J ~~~ This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE `~'~ ~~, CONSTRUCTION CONTRACT ~~~ -- .. ,., Prepared by ~;~ ~. , - " ~~ ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE \` ~-~~ ,; ~ '., and '/ ;, y Issued and Published Jointly By AC E C National Society of ~~~~ American Society Professional Engineers of Civil Engineers Anrnau~.as CovN<:n. or f~N(:U'Cr.RING Com ra Nirs Professional Engineers in Private Practice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by ,. The Associated General Contractors of America Knowledge for Creating and Sustaining the Built Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 ~ ~ - ,, ~. Copyright ©2002 ,;..'.~ ;'~ _ - National Society of Professional Engineers _ . i'"` '~® ~; ~~ 1420 King Street, Alexandria, VA 22314 . ~-~ _ °" ~ ~ ~~~. ~ American Council of Engineering Companies ~. ~ ~ 1015 15th Street, N.W., Washington, DC 20005 ~~'-- ~'_ `~' American Society of Civil Engineers cam"' 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 Page 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 .......................................................................................................................................... ..... l l 3.06 Electronic Data ..............:.....................................................................:........................................................... .....1 l ARTICLE 4 -AVAILABILITY OF LANDS; SUBSCIRFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS .......................................................................................... .....11 4.01 Availability of Lands ......................................................................................................................................... ..... l l 4.02 Subsurface and Physical Conditions ................................................................................................................ .....12 4.03 Deering 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 .................................................................................................................................~--.x.......... .....17 5.08 .................................. ........ . a~• Receipt and Application of Insurance Proceeds ........................... `~" - ........ .....17 5.09 Acceptance of Bonds and Insurance; Option to Replace ....................................................f:....::.,......c............ .....17 5.10 . . Partial Utilization, Acknowledgment of Property Insurer ..................................................::.~.:.............:;,,,,........ _ ,.. ; .....;18 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES .........................................................................-,,....:........x.........; ..:::-18 6.01 Supervision and Superintendence ........................................................................................:..::.........::'.'.......:,:::: I8 6.02 Labor; Working Hours ..........................................................................................................:::..:...........::3....... ;:::-i 8 6.03 ...... Services, Materials, and Equipment .....................................................................................::::::.~,...:.......C*. .:-:18 6.04 ~ Progress Schedule ................................................................................................................::~:...:.........,....... ..... 18 6.05 Substitutes and "Or-Equals " .................................................................................................:y.r............:`':..... .....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 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 Indemnif:cat ion ...................................................................................................................................................... 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 ~RTICL~ -CHANGES IN THE WORK; CLAIMS ...........................................................................................................28 ti!~lO.OL_~ ~'uthorized Changes in the Work ...........................................................................................................................28 '`1.02 ~-;~Cj~uthorized Changes in the Work .....................................................:.................................................................29 1Q'A3 `.:~~~~tion of Change Orders .................................................................................................................................29 ,- c,.,-,.,. 1(5'.4 o ' c tion to Surety ............................................................................................................................................. 29 -. ................................. ~;', 10.83' C~i .................................. ...............................................................................................29 - ~' A~TICIG~.11 - ~ F THE WORK; ALLOWANCES; UNIT PRICE WORK ................................................................. 30 '`~"11.01 '`Cost of e Work ................................ .................................................................................................................... 30 ~~1.02 ~~~-~ ,,111 owances ............................................................................................................................................................. 31 11.03 `knit 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 COMPLET[ON .............................................................................. 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 FinalInspection ..................................................................................................................................................... 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 t ' .. ~ . .~;- ~. { ~~ ,. ~,, -y EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Deftned Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or fmal 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~~~~ if any, and the Bid Form with any supplements.''/ j~~t ~ p, J ~~ ' -r r ~' t ~ - 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 aze 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 ftnal 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.O1.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 specifted 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~~Camples" of materiels, equipment, or workmanship th`~t aYe; representative.-=-of some portion of the Work arid.: -which e~tablisli the standards by which such portion ,©f tfie Wet`k will be judged. ~' 39. Schedule of Submittals--,4 schedule,Sp~epared and maintained by Contractor, of requrred' submittals and the time requirements to support schedyil'ed 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, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground 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 sepi~ly identifiable parts thereof required to be ~~' _ i d under the Contract Documents. Work includes `~ '~ ~ an .,ya~,}~°ip,result of performing or providing all labor, -;:.-~servid~s~ ~ documentation necessary to produce such -~ `cgnstructio}~,~ d furnishing, installing, and incorporating ~~•°°~ a'tiwnateris~7aquipment into such construction, all as ~~~"~ regUj'red by the ~S~ntract Documents. .'/' ~,• `~~~. 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, I»stall, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "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 Schedu~of-Stitbmitfials; atf3', ~` _~ 3. a preliminary Schedule of Values fgr all of the Work which includes quantities and jzrices of it~ls which when added together equal the Contraet~ Price ~d subdi= vides the Work into component parts ~n~sufficier~detail to serve as the basis for progress :}sayments ~-during performance of the Work. Such price 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.OS.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.OS.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.(~l^ Int~~ l A.~.Y~e~Contract Documents are complementary; 's. ,~:what~t~s'requife one is as binding as if required by all. `~ •.:- ~ 1~. It is~„tl~;,intent of the Contract Documents to =dgscrib8~a fundti~r~ complete Project (or part thereofl eta ~e coi}structed i ccordance with the Contract Docu- ments. Atf~e~abor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, 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. 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 b. the provisions of any Laws or Regulations applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Cop}~right ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - l0 (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.D3); or 3. Engineer's written interpretation or clarification. sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors .detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 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 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not 7 of general application but specifically related to use of the Site with which Contractor must• comply-ri performing the Work. Owner will obtain in'a imely matuter afidaay for easements for permanent structures or" permanent changes in existing facilities. If Contractor an~-Owrier-are unable to agree on entitlement to or on the„alnountr~r extent, if any, of any adjustment in-the Contract Price-or Contract Times, or both, as a result of an}t,>delay in Owner's furnishing the Site or a part :thereof, Gc~r-tractor 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. 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 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 - l l %tr ti~ ,. \,, 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 Deering Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that i~~covered or revealed either: -~~'(~~ ;1. is of such a nature as to establish that any "t ata" on which Contractor is entitled to rely as ~~ ~ provi~d ~P ragraph 4.02 is materially inaccurate; or " . ~ ~/ " ` 2:Ci~ ouch a nature as to require a change in the ~~x Coritra`ct Documents; or "r '/ t` t~ S . ~,, ~ 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 - l2 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 lndicated.• 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. [f 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 engineeringlsurveys to establish reference points for cbnstructionrT which,...iti, Engineer's judgment are necessary o enable 'Contractor to proceed with the Work. Contractor shall be responsible ~., for laying out the Work, shall protect and preSer`ve the ~~, ~, established reference points and property monumetrt~, and _ , shall make no changes or relocations without the"prior written approval of Owner. Contractorv shall. rep~it~ to Engineer whenever any reference poi~it° or proRe>`ty monument is lost or destroyed or requh`es 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 Conditians of the Construction Contract. Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - l3 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 responsib~ 3,~ ~.~ ° ~(~f Contractor encounters a Hazardous E$~ron~ .Condition or if Contractor or anyone for whoii3 Ctt~r is responsible creates a Hazardous i'~ Enviionme4t~1 tS~ndition, Contractor shall immediately: ` ~ i see~re orex~rise isolate such condition; (ii) stop all 1..(.) "~ Work i~°cond~c~i with such condition and in any area ~`a~fected _thereby ~pt in an emergency as required by ~aragraphz~6.16.A); and (iii) notify Owner and Engineer (and prom~itly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 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 F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Cop~~right ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - l4 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 S.OI.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 S.O1.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 ocuments, 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~teasony.--~ 5. claims for damages, other.. than to the V.VorJ~ itself, because of injury to or d~s`truction ~~ tangiliie`~, property wherever located, including Ipss of us~~esulting? therefrom; and ~. t ..3 6. claims for damages because`~f bodily itj~yry 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 Conditiops of the Construction Contract. Copyright ©2002 \ational 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 Pazagraph 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 insurahce 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 ~~:, ~,i'Y --r,~ In addition to the insurance required to be ;pYovid~ontractor under Paragraph 5.04, Owner, at Otivner's~p!~ may purchase and maintain at Owner's "~. e~ense ~~ er's own liability insurance as will protect j( t^ t ;.r '~', ' Owri~ agar c~tms which may arise from operations ~~~`'~ i~nder~ie Cor~ac~ocuments. .~~/ ' ``.3:06 ~o~erty Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. ' B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in.the Work to the extent of any 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 loused 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 fmal 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 Proceedr 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,'~ubject to the requirements of any applicable mortgages~dause and of Paragraph 5.08.B. Owner shalL.?deposit it1- a septe account any money so received and.-shall distributelt-in accordance with such agreement as the partie~~~in intece~t may reach. If no other special agreement is 'reached,. the damaged Work shall be repaired or:>;eplaced, llis, moneys so received applied on account thereof, and the` Work and the cost thereof covered by an appropriate. Change Qrder . B. Owner as fiduciary shall h~ve 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 oC Professional Engineers Cor EJCDC. All rights reserved. 00700 - 17 Documents, the objecting party shall so notify the other party in writing within l0 days after receipt of the certificates (or other evidence requested) required by Pazagraph 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 pazty'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 ojProperty 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 properly 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 U~/~ competently and efficiently, devoting such S ,attenC t~eto and applying such skills and expertise as ~rna~y be° to perform the Work in accordance with thg~ Contract,; ,pcuments. Contractor shall be solely ~`: respo,~psible%~q`r",~~the means, methods, techniques, '•~ .~, sequeripes, art~pt~edures of construction. Contractor ' Mall ntit_ be responsible for the negligence of Owner or `i~i gineer ~~;;.ihe design or specification of a specific means, met~od, 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 O 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.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 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.OS.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.OS.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropu~te under the circumstances. ~"> >,,.- = -~ "~ ~,; , ;' ~:.~ d. Contractor shall make-~~vrr[ten application to Engineer for review of a prt~sed substitute item of material or equipment tha>-Contractofseeks to furnish or use. The applicativri * .3 1) shall certify that the.jjroposed~substi- tute item will: y' a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 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.OS.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.OS.A and 6.OS.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engine! r will be the sole judge of acceptability. No "or equal' substitute will be ordered, installed or utilized until--~E eer's review is complete, which will be ~e~viden~e~~-1?y,either a Change Order for a substitute or an approve" ~ p~' Drawing for an "or equal." Engineer will advise Co~ttr~¢tor in writing of any negative t,y~ J ~ 1 / ~~i '','! `` D. Special Guarantee: Owner may require `Contracto`rr>~ 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.OS.A.2 and 6.OS.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 a8er 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 awaiver 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 1 d 1 s 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. [f 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 Works- lyxcept where otherwise expressly required ~.y applic~le Laws and Regulations, neither Owner ~r ,._-Engineer shaa~'~\ be responsible for monitoring Contractor's compliance,~irth any Laws or Regulations. ' _ - ~,,, ~~ ~z', B. If Contractor performs"at3y, Work'knowing.oY having reason to know that it is contrary ti~.,_~,aws or Regulations, Contractor shall bear -:aU ~claimS, costs, losses, and damages (including but net. limited f~-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, bro t by any such owner or occupant against Owner, Engt or any other party indemnified hereunder to the ~ exte~~ u~ d by or based upon Contractor's performance ~:~ ~f thb:,Y~d9 ~C.~ ~f " B~evof Debris During Performance of the Wo?~ l~uriiYg~"~li ogress of the Work Contractor shall ,Jceep the$ite and Ether areas free from accumulations of ~i~ya,~te mat~exials, rubbish, and other debris. Removal and ~'isposal ooh 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. I. 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`=her data as Engineer may require ~ enable "~ngineer-tb review the submittal fob.--fhe ~l:imit~ =purposes required by Paragraph 6.17:x, ~ °-, ~~ B. Where a Shop Drawing or=sample is rewired . -~ by the Contract Documents or the Schedttl~;of Subini~tals , any related Work performed prior to E~tgirteer's review and approval of the pertinent submittal wil~h be at the ~®le expense and responsibility of Contractor. ~ yy 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 i ecifically and expressly called for by the Cd't~tract D menu) or to safety precautions or programs tn~tdent .The review and approval. of a separate ite$i as su~C~ not indicate approval of the assembly in t,,-~.whic~;the ttett~,'~ctions. .\,= ' ` ~3. Eti~r's review and approval shall not .~e1-ieve Ctntraa2oi` r ~ responsibility for any variation trrhm the're+~uireme~~f the Contract Documents unless Contractor =has complied with the requirements of Paragraph K.~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. [f 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 b~ respon`~ble for the ~-._ adequacy of the performance or Qeisigrt _critefi~ reqult~ec~ by the Contract Documents. ~ = ' = - ~ -_, ' ` ARTICLE 7 -OTHER WORK AT THE<:$1TE 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~g provided. ,fin 1,~ ~~ ~ J~~ Unless otherwise provided in the ~upplett~i't, Conditions, Owner shall have sole (-~ au~lwrity'~r -~e~ponsibility for such coordination. ~~ _,.- (. ~.w`" ,7.03 ~ , Le~tgt~tionships ~°~ ' C~ ~\. A Para ra hs 7.O1.A and 7.02 are not a hcable c.„ g p pp for utiliti`es~;ttot under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.O1.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.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 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 I3.03.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. I 1 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 assis~s will be as provided in the Supplement Conditions, . ~ ahd limitations on the responsibilities' thereof ~,w~ll bed-~s provided in Paragraph 9.09. If Owner designates anothe~•~ representative or agent to represent Owner at th6~ite wht~~- is not Engineer's consultant, agent= 9r _ employe, the... responsibilities and authority and limitations thereon of such other individual or entity will be as }provided` n 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 rJ 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 .~. `S ~ A. tneer will determine the actual quantities andc~lasst ~ ns of Unit Price Work performed by Contrtictorayl~ eer will review with Contractor the '/ ~.Engiti'e~r's ~inary determinations on such matters ~~,. ~ ~Fbefor~ c~ renderif~ a written decision thereon (by .Iecomrt>te~tdat ~' an Application for Payment or ~~""~therwise~. E s written decision thereon will be `final and~.binding xcept as modified by Engineer to reflect ch~~ed 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.O5.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.O1.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.O1.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). -y~ C. Engineer's Action: EtYgheer will.:review each Claim and, within 30 days aftdr_ieceipt ':of the. Nast submittal of the claimant or the -~asf ubmittal of "the opposing party, if any, take one of the following actions', in writing: - •-~ 1. deny the Claim in whole orb part, i:=' 2. approve the Claim, or ~-` J ~~ j 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.O5.C or denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.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.O1.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 th basis of Cost of the Work, the costs to be reursed ontractor will be only those additional or incretxtenta.l% s required because of the change in the Work ~oc be ~ t* of the event giving rise to the Claim. _, , Excepts as o~i~ise may be agreed to in writing by ~OvVner,`s~tch ces hall be in amounts no higher than those prevailing-in~ie locality of the Project, shall include Q~y the ft5llowti ~...~ms, and shall not include any of the c`osfs itemized ii raph 11.O1.B. -~` 1s~~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. [f 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 dischazge 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. £ 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 i 1.O1.A.l or specifically covered by Paragraph 11.O1.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.O1.A and 11.O1.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.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.OI.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 ''°~ C 1. Contractor agrees that:'< _~ ~~, ~;, a. the cash allowances if-plude the °4ost to " Contractor (less any applicab7.a`tiade disco_u{-ts) of materials and equipment required b`y;,,the allowances to be delivered at t~ Site, and.all applicable taxes; and w' 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 guazanteed 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. e is no corresponding adjustment with respect anylro item of Work; and -! ~~ f ~~` . M- 3.~~ c~cactor believes that Contractor is entitled ~_... ` to an`it~crea a Contract Price as a result of having incurred addi~itina~expense or Owner believes that Owner - (?;-entitled to ~e~ase in Contract Price and the parties rate unable to agrees to the amount of any such increase or decrees. f c- r 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.O1.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.O1.B.2, on the basis of the Cost of the Work (determined as provided in Pazagraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.O1.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.O1.A.1 and 11.O1.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.O1.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.O1.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.O1.A.1 and 11.O1.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.O1.A.4, 11.O1.A.5, and 11.O1.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.O1.C.2.a through 12.O1.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. ARTICLE I3 - 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 foc, the services of an independent testing laboratory to -`perform all inspections, tests, or approvals required by e C-0ptract Documents except: ~ - - ~ . -~ ,... - , , , 1. for inspections, tests, or approvals cover~ed.~y Paragraphs 13.03.C and 13.03.D below; -: __ ~z~ 2, that costs incurred in connection w}th tests or inspections conducted pursuant to> Paragraphs 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ~ 2002 rational 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 ,,fQQr Engineer's observation and replaced at ~,mttractor'~xpense. ~ `-~ J ~~ B:~~ngineer considers it necessary or advisable -. that covered~fk be observed by Engineer or inspected ~.,-- or tested b~~ti~rs, Contractor, at Engineer's request, ~,,,~.-shall t~~3cover,~ex~ose, or otherwise make available for ~ol~servation, ~ ~hon, or testing as Engineer may ~res}ttire; that p~o~f the Work in question, furnishing all necessy labor, material, and equipment. `c~-a 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 fessionals 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) amibutable 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. [f 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 ~ONTRA~TOR AND _,_ COMPLETION ~ a -- s :"> -:: ~.. 14.01 Schedule of values ; - r. _, A. The Schedule of Values ~ tablished`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 o nervations on the Site of the executed Work as an e fenced and qualified design professional and on Eng.~~r's review of the Application for Payment and the a tx data and schedules that to the best of t''; ~Engiriee-'~~k~ov~d~e, information and belief: ° ^`al the ~ork has progressed to the point indicat- ~'"~ ., tdd;,, ti _ . , f,f'i~ , b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent ' ~~/i 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 I. 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 ofthe 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 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.S.a through 14.02.B.S.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 cbvlred by~`atty Application for Payment, whethcxl incorporated in :the,... Project or not, will pass to Owner ko later than'the: time t?f ~'- payment free and clear of all Liens. ^'-. ~; f, 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. [f, 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 final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 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 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 identifted during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. requirements of Paragraph 5.10 regarding property insurance~~ B. Engineer's Review of Application and ~f Acceptance 14,.Q6 F~'~~,t on s: ~ ~' - `; ~ ~.; 1. [f, on the basis of Engineer's observation of lk.gUpon wfi~t~~f e from Contractor that the the Work during construction and final inspection, and entire Wdrk gr an ag4~ ed ~rtion thereof is complete, Engineer's review of the final Application for Payment En~ineer will pt°otn~tly make a final inspection with and accompanying documentation as required by the Owne'r~+;~rd , Contt`ac~~~, and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing ofi',~particulaf~in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 L 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 fmal Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an 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 x A. The occurrence of ~~ one orcmore e€~the following events will justify termiryation~~for c~use:~ _~ , _ , 1. Contractor's persistent ~ilure to perform `tlTe - Work in accordance with the Cortract Documents (including, but not limited to, failure-to supply sufficient skilled workers or suitable materials;- or equipient or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted frorii 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 ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph S.O1.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 reas~ttble sums for overhead and profit on such Work; ~~''//~~ ~~~, ~`~~,~~~7~/~ - ~~ ~ ~\ 3 , ~~ ~~~~'', ,. ~~-1/?t 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 amibutable 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.O5.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.O5.C or a denial pursuant to Paragraphs 10.O5.C.3 or 10.O5.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 acid 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 tc 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 ark ;do not constitute parts of these General Condiftbns. _- ~-~ _, ~~ .. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 SUPPLEMENTARY CONDITIONS (EJCDC Version) TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS Article or Paragraph Page Number & Title Number S-1 Definitions S-1 - -°~'~. 5-4.1 Availability of Lands S-2 ~~ ~ _ '" ` _ S-4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or °.;, ~ ~ `~~ , ,. ~, Radioactive Material: S-2 , - ; ,< ~. •~.-~ S-5 3 2 Certificate of Insurance; Cancellation or . . Modification S-2 ~" ~, `=~ 5-5.4.1 Insurance; Minimum Coverage S-2 ~ ~ ~ ~~ ' 5-5.4.2 Insurance; Additional Provisions S-3 "y' - S-5.16 Insurance; Hold Harmless, Endorsement Required S-5 S-6.2 Supervision and Superintendence S-5 S-6.13 Permits S-6 -- 5-6.14.1 Employment Practices S-6 5-6.14.2 Contract Compliance Program S-6 S-14.4 Review of Applications for Payment S-6 - 5-6.15 Taxes S-6 5-16 Dispute Resolution S-6 Caption and Introductory Statements These Supplementary Conditions amend or supplement the Standard General Conditions of the _ Construction Contract (No. C-700) (2002 Edition) and other provisions of the Contract Documents, as indicated below. All provisions which are not so amended or supplemented remain in ful l force and effect. S-1. Definitions: The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No.C-700) (2002 Edition) have the meanings assigned to them in the General Conditions. "City Engineer" shall mean the Director of Public Works for the city of Iowa City, Iowa or his designee. "Owner" and "City" shall mean the City of Iowa City, Iowa acting through the City Council and duly authorized designees. "Engineer "or "Engineer's Consultant" shall mean VJ Engineering, Coralville, Iowa, who prepared the detailed drawings and specifications. S-1 5-4.1. Availability of Lands: Delete the second sentence of paragraph 4.1. of the General Conditions. Add the following language at the end of paragraph 4.1, of the General Conditions: Except for such work as may be required to properly maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the ENGINEER. 5-5.3.2. Certificate of Insurance; Cancellation or Modification: Add the following language at the end of paragraph 5.3.2 of the General Conditions: 1. Before commencing work, the CONTRACTOR shall submit to the CITY, for approval, a Certificate of Insurance, which shall meet the requirements specified herein, said insurance to be in effect for the full contract period. The name, address and phone number of the insurance company and agent must accompany the certificate. 2. The CONTRACTOR shall notify the CITY, in writing, at least thirty (30) calendar days prior to any change, notice ofnon-renewal or any cancellation of said policy or policies. 3. Cancellation, non-renewal or any modification of said policy or policies shall be considered just cause for Work herein and/or to halt work on the Project, and to withhold payment for any work performed on the Project. S-5.4.1. Insurance; Minimum Coverage: Add the following language at the end of paragraph 5.4 of the General Conditions: 1. Any policy or policies of insurance purchased by the CONTRACTOR to satisfy the Contractor's responsibilities under this Agreement shall include contractural liability coverage, and shall be in the following type and minimum amounts: Type of Coverage Class I Each a. Comprehensive General Occurrence A~t?regate Liability b (1) Bodily Injury $250,000 $500,000 ~, _~~~ - (2) Property Damage $100,000 S~ LJd~r~ ~? t ~~ O ~~~" / ~~ ~:~`' t WG S-2 b. Motor Vehicle Liability & Property Damage Insurance: Per Person Per Accident (1) Bodily Injury $250,000 $500,000 (2) Property Damage $100,000 Type of Coverage Class II Each a. Comprehensive General Occurrence A~~regate Liability (1) Bodily Injury $500,000 $1,000,000 (2) Property Damage $ 250,000 b. Motor Vehicle Liability & Property Damage Insurance: Per Person Per Accident (1) Bodily Injury $500,000 $SO~.;~a00 ; ~~ (2) Property Damage ~,~ $250,`00 %% ~~ ~ c. Workers' Compensation Insurance as required by Chapter ~S, Code of ~ ~, Iowa. - .. `~ 5-5.4.2. Insurance; Additional Provisions: ~ r~ ~' ~< y, Add the following language at the end of paragraph 5.4 of the General Conditions: In addition, the CONTRACTOR shall be required to comply with the following provisions with respect to insurance coverage: 1. The entire amount of CONTRACTOR's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured CONTRACTOR becomes liable, or for which the insured assumes liability under the indemnity agreement herein contained, and such coverage amount shall not be subject to reduction or set-off by virtue of investigation or defense costs incurred by CONTRACTOR'S insurer. 2. The entire amount of the CONTRACTOR's liability insurance policy coverage limits shall be payable by the CONTRACTOR's insurer, with no deductible to be paid by, or self-insured retention to be attributed to, the CONTRACTOR unless this requirement is waived by the CITY. CONTRACTOR's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. S-3 3. If CONTRACTOR's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. 4. The CITY prefers that CONTRACTOR provide it with "occurrence form" liability insurance coverage. If CONTRACTOR can only provide "claims-made" insurance coverage, then the CONTRACTOR must comply with the following requirements: a. If the CONTRACTOR changes insurance carriers, or if CONTRACTOR'S insurance coverage is canceled during the contract period or within two (2) years after completion of the Project and CITY's acceptance of the Project, CONTRACTOR agrees to immediately notify the City of such event. b. If Contractor's insurance is canceled or is allowed to lapse during the period described in Subsection (a) herein, CONTRACTOR shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. c. If, during said period described herein, CONTRACTOR voluntarily changes insurance carriers or is required to obtain replacement coverage from another carrier, CONTRACTOR shall either (1) purchase "tail" coverage from its first carrier effective for a minimum of two (2) years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts occurring during the period of the Agreement from and after the Project's inception. d. "Tail" or "prior acts" coverage, so provided, shall have the same coverage and have the same limits as the insurance specified in the Agreement, and shall not be subject to any further limitations or exclusions. Nor shall said "tail" or "prior acts" coverage have a higher deductible or self-insured retention than the insurance which it replaces. 5. The CITY reserves the right to waive any of the insurance requirements herein provided. The CITY also reserves the right to reject CONTRACTOR's insurance if not in compliance with the requirements herein provided, and on that basis to either award the Project to the next low responsible bidder, or declare a default and seek specific performance or termination, as the City may elect. t~- ~~j 6. In the event any of the policies of insurance or insurance coverage identified on .1,~ ~ % CONTRACTOR'S Certificate of Insurance incurs liabilit losses either due to ~S', ~ <.~J y , ~' ~, R" ~~~~ activities under the Agreement, or due to other activities not under the Agreement ~,,.~ F,,. ~ ~~ ~ but covered by the same insurance, and such losses exhaust the aggregate limits of ~, , " ~ ` ,.~ Q/ CONTRACTOR s liability insurance, then in that event the CITY may, in its 1>' ~~ -, ' ~ discretion, either suspend CONTRACTOR's operations or activities under the ',may ~f'~, Agreement, or terminate the Agreement, and withhold payment for work performed. S-4 7. In the event any of the policies or insurance coverage identified on CONTRACTOR'S Certificate of Insurance are canceled, not renewed or in any way modified, then in that event the CITY may, in its discretion, either suspend CONTRACTOR's operations or activities under the Agreement, or terminate the Agreement, and withhold payment for work performed on the Agreement. 8. The CONTRACTOR will include the City as an additional insured on all policies except worker's compensation. 9. CONTRACTOR shall be responsible for the owner's deductible on the owner's builder's risk. 5-5.16 Insurance; Hold Harmless, Endorsement Required: Add the following language as a new subsection at the end of Section 5 of the General Conditions: 1. The CONTRACTOR shall indemnify, defend and hold harmless the CITY and its - officers, employees, and agents from any and all liability, loss, cost, damage, and expense, including reasonable attorney's fees and court costs, which may result from, arise out of, or be incurred by reason of any claims, actions, or suits based -- upon or alleging bodily injury, including death, or property damage rising out of or resulting from the CONTRACTOR's operations under the Agreement, whether such operations be by the Contractor or by any Subcontractor, or by anyone ---- directly or indirectly employed by either. 2. It is further specifically agreed between Owner and Contractor that the CONTRACTOR's insurance coverage shall include an endorsement that, with regard to CONTRACTOR'S insurance coverage, the CONTRACTOR shall never _ assert any defense or claim against the CITY, its officers or employees, arising in any way from the Agreement. __ 3. CONTRACTOR is an independent Contractor, and shall not be deemed an agent or employee of the CITY. __ 4. Under the owner's insurance, such coverage shall not include coverage for loses or damage caused by the negligent acts or omissions of CONTRACTOR or SUBCONTRACTORS, or for damage to material or equipment while under the ~_.:. -- control of or stored by CONTRACTOR prior to installation or poor to irttl~sion of such material or equipment in construction. CONTRACTOR: shall maintain _.T_ i appropriate insurance for such risks or occurrences. - - = _ - , . - ~_ :. ~_, _ _ _ _ -. -_ ..~, _. _ , .: ,-.. - - _.. _ -- . ,..~ ~i ~Y-) S-5 5-6.2. Supervision and Superintendence: Add the following language at the end of paragraph 6.2 of the General Conditions: CONTRACTOR shall designate and maintain a qualified and responsible person available twenty-four (24) hours per day, seven (7) days per week on the Project site, to respond to emergencies which may occur after ordinary business hours. CONTRACTOR shall provide to ENGINEER the phone number and/or paging service of this designated person. 5-6.8.1. Concerning Subcontractors, Suppliers and Others: _^ Add the following language at the end of paragraph 6.8.1 of the General Conditions, concerning competence or ability to do the Project: The CONTRACTOR is specifically advise that any person, firm, company or other party to whom it is proposed to enter into a subcontract regarding this project shall be first approved by --- the CITY. 5-6.8.2. Concerning Subcontractors. Suppliers and Others: -, Add the following language at the beginning of paragraph 6.8.2 of the General Conditions: ~- Bidders shall list those persons, firms, companies or other parties to whom bidder _ c`'~ __/~~~ proposes or intends to enter into a subcontract regarding this Project, as required on the cw' ..~- Form of Proposal and the Agreement. Such identification will not be made public at the r 4~ /\~~~~~id opening. If no minority business enterprises (MBEs) are utilized, the - - ~'~ y -.,, ~NTRACTOR shall furnish documentation of all reasonable, good faith efforts to ~.~'`~ ~ ~` ~^it MBEs. f - `. '> i _ ~- S ~,3. Permits: ~_ Add the following language to the General Conditions at the end of the paragraph: ~-~ CONTRACTOR shall comply with all applicable laws of the CITY, and shall be responsible for payment of fees for any permits and licenses required. 5-6.14.1. Employment Practices: Add the following language at the end of paragraph 6.14.1 of the General Conditions: Neither the CONTRACTOR nor the Contractor's subcontractors shall employ any person whose physical or mental condition is such that his/her employment will endanger the health and safety of themselves or others employed on the project. CONTRACTOR shall not commit any of the following employment practices, and specifically agrees to include the following prohibition clauses in any subcontracts: - . S-6 1. To discharge from employment or refuse to hire any individual because of sex, -- race, color, religion, national origin, sexual orientation, marital status, age, or disability unless such disability is related to job performance of such person or employee. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, marital status, age or disability is related to job performance of such person or employee. S-6.14.2. Contract Compliance Program: Add the following language after paragraph 6.14.2 of the General Conditions: For all contracts and subcontracts for public improvement projects totalling $25,000 or - more, the CONTRACTOR and all affected subcontractors and materialmen shall comply with the requirements of the CITY's Contract Compliance Program, which is included with these Supplementary Conditions. 5-6.14.3. Compliance with OSHA Regulations: - Add the following paragraph to paragraph 6.14.1 of the General Conditions: The Contractor and all subcontractors shall comply with the requirements-of 29 GI'`'.R. 1910 (General Industry Standard) and 29 C.F.R. 1926 (Construction Industry Standard). Elie _~' Contractor and all subcontractors are solely responsible for compliance with said regulations, t --, S-6.14.4. Iowa Law Applies: _ _ -- s: ..jy ~' _ Contractor and Owner acknowledges that Iowa law shall apply to this Project. ~ ~" 5-6.15. Taxes: Add the following language at the end of paragraph 6.15 of the General Conditions: --- The Code of Iowa requires the CONTRACTOR, subcontractors and suppliers to pay sales or use tax on materials or equipment used or supplied during this Project. The CONTRACTOR, subcontractors and suppliers shall submit two (2) notarized, executed -- copies of the sales and use tax form to the ENGINEER to apply for a legal refund. Submittal of the tax form is a prerequisite to project acceptance and/or final payment. S-7 5-16. Dispute Resolutions: Add the following language at the end of the first sentence of Article 16 of the General Conditions: The Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. Disputes shall be resolved by legal or equitable proceedings in a court of appropriate jurisdiction. Under no circumstances shall binding arbitration be required as to any dispute arising between the parties or under the Contract Documents. b~~i rw. ~, ~ - w .~. , ~'~,e s-g SECTION 01010 GENERAL REQUIREMENTS AND INFORMATION INDEX PART I -GENERAL 1.1 Intent 1.2 Interpretation 1.3 Drawings and Specifications 1.4 Standards and Codes 1.5 Materials Tests 1.6 Responsibility of Contractor 1.7 Information for Engineer 1.8 Submittal Procedures 1.9 Construction Progress Schedules 1.10 Shop Drawings 1.11 Incidental Work 1.12 Approval of Materials 1.13 Construction Completion Requirements 1.14. Existing Utilities 1.15 Final Review and Acceptance PART I -GENERAL 1.1 INTENT A. To set forth requirements of performance, type of equipment or structure desired and standards of materials and construction. B. To describe specifically Work set out in Contract Documents unless otherwise specifically indicated. C. To require performance of complete Work in spite of omission of specific reference to any minor component parts. D. To provide for new materials and equipment unless otherwise included. 1.2 INTERPRETATION A. Report errors or ambiguities in specifications to Engineer as soon as detected. -- Engineer will answer questions prior to receipt of bids regarding and interpreting intended meaning of specifications by issuing an addendum. After receipt of bids, written correspondence will be issued. 1.3 DRAWINGS AND SPECIFICATIONS A. Engineer will furnish up to three sets of Drawings and Specifications after award of contract. Contractor shall compensate Engineer for printing costs for additional copies beyond the specified three sets. _ B. Contractor shall provide one set of Drawings and Specifications for each foreman or superintendent in charge of each crew on job. 1 SECTION 01010 GENERAL REQUIREMENTS AND INFORMATION 1.4 c-~3 ~~ ~.~ ,_..~ 4t~ '. ~~. 1..'`. STANDARDS AND CODES A. Perform work in accordance with best present-day installation and construction practices. B. Conform to and test materials in accordance with the latest editions and revisions to the following codes and standards unless specifically noted otherwise: 1. American National Standards Institute (ANSI). 2. American Society for Testing Materials (ASTM). 3. Federal Specifications (FS). 4. Iowa Department of Transportation (IDOT); latest edition of Standard Specifications and addenda. 5. Iowa Occupational Safety and Health Act (IOSHA). 6. Manual of Accident Prevention in Construction by Associated General ~ Contractors of America, Inc. (AGC). ~, 7. National Electrical Manufacturers Association (NEMA). ,fir G 8. National Electrical Safety Code (NESC). ``~~ -.- 9. National Institute for Occupational Safety and Health (NIOSH). ~ ` ... -- : 10. National Lumber Manufacturer's Association (NLMA). ~~ - ~~, 11. National Safety Council (NSC). ~ = d.~k.. ',`j ~;~ 12. Occupational Safety and Health Act of 1970 (Public Law 91-596) (OSHA). r°, `"-- 13. Steel Structures Painting Council (SSPC). ~`~ 14. Underwriters' Laboratories, Inc. (UL). 15. Standards and Codes of the State of Iowa and applicable local standards and codes of the Owner. 16. Other standards and codes which may be applicable to acceptable standards of the industry for equipment, materials and installation under the contract. 1.5 MATERIALS TESTS A. Includes all materials tests or tests specified hereinafter. B. Employ approved testing laboratory to show that construction materials comply with Specifications. C. Provide samples of materials required for laboratory tests and pay cost of all tests including transportation charges on samples. D. Incorporate no materials into work until laboratory tests have been famished, as requested by Engineer, which indicate that materials are in compliance with the Specifications. E. All materials subject to sampling, testing, inspection and rejection at site by Engineer. F. Laboratory tests for materials: 1. No additional testing for verification required unless as directed by Engineer during project. Testing shall be paid by Contractor for those tests indicating non-conformance to test standards specified. 1.6 RESPONSIBILITY OF CONTRACTOR A. Protection of his work. B. Protection of all property from injury or loss resulting from his operations. 2 SECTION 01010 GENERAL REQUIREMENTS AND INFORMATION C. Replace or repair objects sustaining any such damage, injury or loss to satisfaction of Owner and Engineer. D. Accept full responsibility for all construction means, methods, sequences, techniques, proceedings, property and personal safety on the project site, including the same for all subcontractors. E. Cooperate with Owner, Engineer and representatives of utilities in locating underground utility lines and structures. F. Keep cleanup current with construction operations. G. Comply with all federal, State of Iowa and City laws and ordinances. 1.7 INFORMATION FOR ENGINEER __ A. After execution of contract, submit following information and drawings for Engineer's approval if specifically requested. Total number of approved copies ___ required for distribution: Three (3) plus copies required by Contractor. ;_-~ , ,, 1. Manufacturer's specifications and catalog data for all materials, ; T , ` r appurtenances and other special items. ~~ ' "- _- 2. List of Subcontractors, if any, to which the prime contractor proposes tti , ~ --~ F sublet a portion of the work. 3. Such other information as Engineer may request. ~ ~~ - __ B. Provide two copies of following information, as requested by Engineer: = ` c ;' 1. Shipping papers for all materials. `~, 2. Materials test reports "y 1.8 SUB MITTAL PROCEDURES A. Date all transmittal forms. Re-submittals to have original submittal date with an -- appended date. B. Identify project, contractor, subcontractor or supplier; pertinent drawing sheet and detail number(s), and specification sections number, as appropriate. -- C. Apply Contractor's stamp or equal dated, signed or initialled, certifying that review, verification of products required, field dimensions, adjacent construction work, and coordination of information, is in accordance with the requirements of the Work and - - Contract Documents. D. Provide space for Contractor and Engineer review stamps. E. Revise and resubmit submittals as required, identify all changes made since previous submittal. 1.9 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate at Pre-Construction Meeting to Engineer for review. B. Revise and resubmit as required. C. Submit any revised schedules with each application for payment, identifying changes since previous version. E. Indicate estimated percentage of completion for each item of Work at each _ submission. F. Indicate critical submittal dates required for shop drawings, product data, samples, and product delivery dates. SECTION 01010 -- GENERAL REQUIREMENTS AND INFORMATION 1.10 SHOP DRAWINGS A. Intent of Engineer's approval: To assist Contractor in interpreting specifications and drawings. _ B. Contractor's Responsibility: To check drawings prior to submission for coordination _ and conformance with contract documents; do not submit without checking. C. Approval does not relieve Contractor of responsibility for errors in shop drawings - and will not relieve him of any responsibility stated under the Contract. D. Prior to submission of shop drawings and catalog data to Engineer, affix Contractor's stamp with signature of responsible person to show that material ~ - submitted has been checked and approved. E. If the material proposed varies in detail from the drawings or illustrations furnished, " or if it varies from any of the requirements specified herein, such variations shall be `-- noted by the manufacturer/supplier. ,_ 1.11 INCIDENTAL WORK -- Any incidental work not specifically mentioned in the specifications or shown on the plans but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner. The Contractor shall not be entitled to extra or additional compensation for the same. 1.12 APPROVAL OF MATERIALS -~ A. Materials shall be new and shall be designed for the function and service specified herein. No equipment or materials shall be used in the project except that which has been approved by the Engineer. The contractor shall submit to the Engineer such test results, shop drawings, manufacturer's specifications, data and other information ~. which may be required for determining approval or disapproval, sufficiently in advance of shipment of the equipment to provide time for determining compliance with the specifications and drawings prior to shipment. Final approval of ~' acceptance of material will be made only after such material is installed and has met __ all specified tests and requirements. B. Materials of a specific make may be named in the specifications in certain instances, -' in order to set out specific features desired or required. However, other materials of ~_ equal quality, which meet the functional requirements will be considered. C. If the material proposed varies in detail from the drawings or illustrations furnished , or if it varies from any of the requirements specified herein, such variations shall be noted by the manufacturer/supplier. D. Upon submission of sufficient data from which a determination can be made, the Engineer will examine such data and issue, in writing, a list of approved materials ~ - covered by data submitted. A list of approved materials will be issued by addendum b _ to those to whom plans and specifications have been issued, two (2) days prior to ~~~ ~ ` ~ ~~~ ~ the bid date. ,t ,r~ ~,,,~ __ ~~ ~~ .. ,,~ ~~~ Q~ .~ ~ rl '~ -~ 4 SECTION 01010 GENERAL REQUIREMENTS AND INFORMATION E. It is specifically provided that approval of materials under the procedures outlined above is a general approval only and that it in no way constitutes final approval of such material, nor waives any requirement of these specifications, nor relieves the Contractor or Manufacturer of any degree of responsibility for compliance with specific requirements of other portions of these contract documents. Final approval for all materials installed in the project will be given only upon submission of complete detailed shop drawings and data as required by other paragraphs of these specifications. F. The various manufacturers shall be experienced in the design and construction of the type of materials they propose to furnish. No consideration will be given to materials from manufacturers that do not have an equivalent record of performance for similar materials in successful operation. 1.13 CONSTRUCTION SCHEDULE AND COMPLETION REQUIREMENTS A. This project shall have a completion schedule as follows: Substantially complete - November 16, 2007. B. Any time extension requested by the Contractor shall be provided to Consultant and Owner within a reasonable time period, not in excess of 20 calendar days, after the event that leads to the time request. Any request for extension due to abnormal inclement weather shall have written documentation attached with it. Without such documentation, the request shall automatically be rejected. C. Refer to General Specifications for Construction for related matters to time extension. D. If the Contractor fails to complete the project within the agreed upon Contract Time or any extension thereof, the Contractor shall be responsible for daily damages of $250 per day. 1.14 EXISTING UTILITIES A. The exact location and elevation of all public utilities shall be determined by the Contractor, prior to excavation Contractor shall notify UTILITY COMPANIES 48 HOURS IN ADVANCE so they may locate their utility for the contractor. It shall be the duty of the Contractor to ascertain all utilities. Existing underground utilities are not indicated on the drawings. The Owner or Engineer accepts no responsibility for improper locations or failure to show utility locations on the drawings. The Contractor shall be responsible to locate exact locations of utility crossings before any work that may come into contact with existing utilities. _ B. Contractor is fully responsible for repairing damage to utilities and services due to his work, which are not in direct conflict with the roof system installation or ~v~re not verified visually where feasible by the Contractor. Repair for damages tb -° - Utilities/Service during construction are at no expense to the Owner.~> i-.~ ~ --_ ..Y~ _ '_ .. -- ~~~ J-- __ ~s SECTION 01010 GENERAL REQUIREMENTS AND INFORMATION 1.15 FINAL REVIEW AND ACCEPTANCE A. Notify Engineer when installation is considered complete and ready for final review. B. Owner will accept work and make final payment to Contractor: 1. When the Engineer has certified that the project has reviewed the work of the Contractor and stated that the work is complete and in compliance with the Drawings and Specifications. 2. When Contractor has furnished the Engineer with required closeout documents specified herein. END OF SECTION 01010 ~.. ~ fir- ; ~ ~; ~~i ~c _ ,,,~ :~ ~_. .~ SECTION 01039 PROJECT MEETINGS ''` 4 ' .. c ~ ~ ~ ,., ~;~• INDEX ~ `' ~~ ~~ : ~ <,, , PART I -GENERAL '_ 1.1 Pre-Bid Meeting ~~"~'~ ~ ~ ; 1.2 Pre-Construction Conference ~"~' ~%°~ 1.3 Progress Meetings 1.4 Pre-Installation Conference PART II -PRODUCTS Not Used PART III -EXECUTION Not Used PART I -GENERAL 1.1 PRE-BID MEETING A. Pre-bid meeting scheduled as noted in the Instructions To Bidders. Location shall be at the City Hall. B. Roofing contractors are requested to be at the meeting. Other sub-contractors, material manufacturers and suppliers are welcome to attend. C. Agenda 1. General review of Contract Documents and project 2. Scheduling issues 3. Critical dates 4. Field review of building and site 5. Questions and comments 1.2 PRE-CONSTRUCTION CONFERENCE A. Engineer will schedule a conference after Notice To Proceed to Contractor. B. Attendance required: Owner, Engineer, Contractor, Contractor's foreman for the project, sub-contractor(s). C. Agenda 1. Distribution of copies of Contract Documents 2. List of sub-contractors, progress schedule, schedule of values, any other items as requested by Engineer or Owner 3. Designation of personnel representing all parties involved 4. Discussion for procedures and processing field decisions, application for payments, Change Orders, and closeout documents 5. Scheduling 6. Use of utilities and premises by Contractor 7. Owner's requirements 8. Temporary utilities 9. Security and cleaning procedures 10. Testing requirements and procedures 11. Record documents SECTION 01039 PROJECT MEETINGS 12. Shop drawing and submittal reviews 13. Completion date and request for time 14. List of documents for Project Closeout 15. Scheduling of observation by Engineer 16. Substantial and final inspection and acceptance 17. Any other items as required 1.3 PROGRESS MEETINGS A. The Engineer has the option to schedule and administer meetings from start of construction to the point where the roof is watertight and flashed in at intervals as required. B. The Engineer shall make arrangements for meetings, preside at meetings, record minutes, distribute copies of recorded minutes to participants. C. Attendance required: Job foreman, Owner, Engineer at minimum. Major sub- contractors and material suppliers that aze affected by critical agenda items aze also required. D. Agenda 1. Review minutes of previous meeting 2. Review progress of project 3. Problems observed or foreseen 4. Field decisions made or that need to be made 5. Review of submittals, schedule and status of submittals 6. Review of off site fabrication and delivery schedule 7. Review progress schedule and revisions needed 8. Coordination issues 9. Review of quality and construction standards 10. Effect of any proposed changes on schedule and coordination 11. Other issues related to the Project 1.4 PRE-INSTALLATION CONFERENCE A. Apre-installation shall be scheduled with the Engineer prior to work. PART II -PRODUCTS Not used PART III -EXECUTION Not used END OF SECTION 01039 ~~Q ~~ ~ ,~~~-~} ~f .J '- ~ A. i r ~' ~ .. . i ( _•....f ~ Jf J 2 SECTION 01045 -- ~ ,~ CUTTING AND PATCHING _ ; ' .. ` ~ ~' INDEX PART I -GENERAL 1.1 Requirements 1.2 Submittals J a°, ~: ~+ ~i i ;' , ., : wr-i PART II -PRODUCTS 2.1 Materials PART III -EXECUTION 3.1 Inspection 3.2 Preparation __ 3.3 Performance PART I -GENERAL 1.1 REQUIREMENTS A. Contractor shall be responsible for all cutting, fitting and patching, required to complete the Work or to: 1. Make its several parts fit together properly. 2. Uncover portions of the Work to provide for installation of ill-timed work. 3. Remove and replace defective work. 4. Remove and replace work not conforming to requirements of Contract Documents. 5. Remove samples of installed work as specified for testing. 6. Provide routine penetrations ofnon-structural surfaces for installation of piping and electrical conduit. 7. Make connections to existing structures, utilities or equipment. 1.2 SUBMITTALS A. Submit written request in advance of cutting or alteration which affects: 1. Structural integrity of any element of Project. 2. Integrity ofweather-exposed or moisture-resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate contractor. B. Request shall include: 1. Identification of Project. 2. Description of affected work. 3. The necessity for cutting, alteration or excavation. 4. Effect on work of any separate contractor, or on structural or weatherproof integrity of project. 5. Description of proposed work: a. Scope of cutting, patching, alteration, or excavation. b. Trades who will execute the work. c. Products proposed to be used. SECTION 01045 CUTTING AND PATCHING d. Extent of refinishing to be done. 6. Alternatives to cutting and patching. PART II -PRODUCTS 2.1 MATERIALS A. Comply with specifications and standards for each specific material involved. PART III -EXECUTION 3.1 INSPECTION A. Inspect existing conditions of Project, including elements subject to damage or to movement during cutting and patching. B. After uncovering work, inspect conditions affecting installation of Products, or performance of work. C. Report unsatisfactory or questionable conditions to Engineer in writing; do not proceed with work until Engineer has provided further instructions. 3.2 PREPARATION A. Provide adequate temporary support as necessary to assure structural value or integrity of affected portion of Work. -- B. Provide devices and methods to protect other portions of Project from damage. _ C. Provide protection from elements for that portion of the Project which may be exposed by cutting and patching work, and maintain excavations free from water. 3.3 PERFORMANCE A. Execute cutting and demolition by methods which will prevent damage to other work, and will provide proper surfaces to receive installation of repairs. B. Execute excavating and backfilling methods which will prevent settlement or damage to other work. C. Execute fitting and adjustment of products to provide a finished installation to . . comply with specified products, functions, tolerances and finishes. D. Restore work which has been cut or removed; install new products to provide '-' complete Work in accord with _ requirements of Contract Documents. E. Fit work airtight to pipes, sleeves, ducts, conduit and other penetrations through surfaces. F. Refinish entire surfaces 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. END OF SECTION 01045 ~~~ r, ~ ,~( ~' o', ~~ ~I :d f ~ ~ ~F~~ / 2 INDEX PART 1-GENERAL _ _ l . l Demolition 1.2 Protection 1.3 Site Repair - 1.4 Clean-up and Damage Repair 1.5 Removal of Ballast Rock SECTION 02000 SITE WORK ~. , ; .... .. ~- ~.. c ~ ,, ~,~ -- a {,": ~, `~~, ,;v,f, -, L ~;; , ~ :~ ~'r7 PART 1-GENERAL 1.1 DEMOLITION A. This section includes removal and disposal of the existing building roofing material and other material as required. 1.2 PROTECTION A. Protection shall be provided for, but not necessarily limited to, the following: 1. Lawn area and adjacent structures. 2. Building walls, windows, etc. 3. Building equipment. 4. Building interior, including contents. B. Protection shall be defined as the minimum requirements necessary to ensure that when the project is completed, the Owner's property will be left in the same condition as it was when the project started. 1.3 SITE REPAIR A. Repair or replace any damaged curbs, sidewalks, rutted yard areas, shrubs, trees, sprinkler system, etc. B. Restore areas and items to their original condition prior to construction. _ 1.4 CLEAN-UP AND DAMAGE REPAIR A. Any existing items, structures, or areas damaged during the course of the construction shall be repaired and restored. to a condition equal to or better than it _ was prior to commencement of work. 1.6 REMOVAL OF BALLAST ROCK A. Contractor shall remove existing ballast rock and haul to owner designated site within city limits and dump at general location noted and acceptable to City. END OF SECTION 02000 SECTION 06100 ROUGH CARPENTRY INDEX PARTI-GENERAL 1.1 SCOPE OF THIS SECTION 1.2 SUBMITTALS 1.3 PRODUCT DELIVERY, STORAGE, AND HANDLING PART II -PRODUCTS _ 2.1 MATERIALS 2.2 GRADING 2.3 PRESERVATIVE TREATMENT PART III -EXECUTION 3.1 INSTALLATION 3.2 FIELD QUALITY CONTROL i..~ / ..,~ r~'"'1 ~' ~ ;' ^f. ',% ~~ ` `:~ ,.:-; ~ .; f ~s ~,;' ~~~y PART I -GENERAL 1.1 SCOPE OF THIS SECTION A. Wood blocking, furring, grounds, curbs, nailers and other rough wood items. B. Exterior plywood and rough plywood used in concealed or semi-concealed areas. C. Rough hardware. 1.2 SUBMITTALS A. Certification as requested by Engineer: 1. Preservative treated wood: Submit certification that moisture content was reduced to 10% maximum, after treatment. 2. Fire-retardant treatment: Submit certification by treating plant that materials comply with governing ordinances and will not bleed through finished surfaces. 1.3 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Immediately upon delivery to job site, place materials in area protected from weather. B. Store materials above ground and cover. C. Do not store seasoned materials in wet or damp portions of building. D. Protect sheet materials from corners breaking and damaging surfaces, while unloading. PART II -PRODUCTS 2.1 MATERIALS A. Rough Hardware: 1. Anchor bolts shall be steel complete with nuts and washers. SECTION 06100 ROUGH CARPENTRY 2. Lag bolts and miscellaneous bolts and screws shall be type, size and finish best suited for intended use. 3. Expansion shields shall be type and size best suited for intended use. 4. Nails and staples shall be size and type best suited for the purpose, in ~ accordance with Fed Spec FF-N-105 when applicable to type used. ~ ts' ,~ Recommend nailer head to be 3/16" diameter, minimum. ~.~ ' ~~ G 5. Roofing nails for wood nailers shall be 11 gauge, barbed, zinc-coated nails ~,.---, °~~. ~` ~, ~ with x/16 to 1-inch diameter heads. Nails shall be long enough to penetrate tea, ~ --- ~ into the bottom wood nailer at least 1 '/4 inch. B: ~ ~Wood: ' ' - _ ~: ` ~ =- ~~ ~ , .~~~. ~~ Blocking, grounds, nailing strips, sleepers, cant strips, nailers, roof opening j ,~..- ~ curbs, and other non-stress graded members shall conform to the "National ° Grading Rule for Dimension Lumber" established in conformance with Section 10, Product Standard PS 20. 2. Wood blocking in contact with exterior concrete, exposed exterior wood, exterior masonry, or wood embedded in concrete shall be lumber treated with pressure preservative meeting AWPB LP-2. 2.2 GRADING A. Moisture content shall not exceed 18%. Materials with a nominal thickness of 3" or less shall be kiln dried. Lumber shall be new S4S unless noted otherwise, sound, seasoned and free from warp that cannot be corrected in process of nailing or bridging. B. Grade and trademark shall be required on each piece of lumber or on each bundle in bundled stock, unless shipment is accompanied by certificate of inspection issued by grading organization. 2.3 PRESERVATIVE TREATMENT A. Blocking used on the exterior of the building, including all new blocking within the roofing system, shall be pressure treated wood by pressure methods and so marked in accordance with the American Wood Preservers Bureau Standards (AWPB). B. Treatment shall be in accordance with the AWPB Standard LP-2. Minimum retention level - 0.251bs./cubic foot. C. Wood treated with water-borne preservatives shall be air-dried or kiln-dried to the moisture content specified for lumber and marked with the word "DRY". D. Treated wood, which is field cut shall be brush-coated with the preservative used in the original treatment. PART III -EXECUTION 3.1 INSTALLATION A. General: Members shall be closely fitted with minimum space, accurately set to required lines and levels and rigidly secured in place. SECTION 06100 ' ~ ~~ ' __ ,~ , ROUGH CARPENTRY •' ~ ~; w. :, 2. No wood material shall be left exposed to the elemerits~after installation for`' more than 5 days. Such material shall be removed and repladed with new at _ - the Contractors' own cost. ~~ °~~-' ~ j B. Method of Fastening: 1. Fasten carpentry items to building construction to provide a secure, permanent installation. Use spacings and sizes of bolts screws, and nails which exceed the strength of members being fastened. Failure due to _ over-stressing must occur in the members before occurring in the fastenings. 2. Fastenings shall be as follows: a. Nailing shall be as required to assemble and secure wood construc- __ tion. b. Bolts anchoring wood nailers to concrete block walls shall be spaced 4 feet apart. At outside building corners bolts shall be maximum 2 _ feet apart, 8 feet each way from the corner. c. Nailer installed parallel to ribs of steel deck: Attach nailer to each roof joist with a 3/4" diameter bolt or secure nailer with 2 rows of _ No. 10 (5 mm) galvanized sheet metal screws at 24 inches on center, using a 5/8 inch outside diameter washer under the heads. d. Nailer installed at right angle to ribs of steel deck: Attach nailer 2 rows of No. 10 (5 mm) galvanized sheet metal screws at 24 inches on center. e. Fascia and top nailers to other wood members shall be fastened at 24 - inches, two rows, on center, staggered. 8 feet from each outside corner spacing shall ~be maximum of 12 inches on center. Embed nails a minimum 1 '/4" into bottom nailer. --- f. Members of multiple board configuration shall have each layer nailed individually and have interlocked (dovetailed) corners. -- 3.2 FIELD QUALITY CONTROL A. Selection of Lumber Pieces 1. Select individual pieces so that knots and obvious defects will not interfere - with placing bolts or proper nailing or making proper connections. 2. Cut out and discard all defects, which will render a piece unable to serve its intended function. _ " 3. Lumber may be rejected by the Engineer, whether or not it has been installed; for excessive warp, twist, bow, crook, mildew, fungus, or mold, as well as for improper cutting and fitting. -- B. Cutting and Fitting 1. All necessary cutting and fitting of wood construction for mechanical, electrical, and other trades shall be done by workers experienced in the carpentry trade. SECTION 06100 ROUGH CARPENTRY 2. Make all necessary repairs to wood construction after the completion of work by other trades. END OF SECTION 06100 d c ,,S' _ -!~~i` ~' `' ~~~ ./ ~~ F y. ~~~ 4 SECTION 07220 ROOF AND DECK INSULATION INDEX PART I -GENERAL 1.1 SECTION INCLUDES 1.2 REFERENCES 1.3 SYSTEM DESCRIPTION 1.4 SUBMITTALS 1.5 DELIVERY, STORAGE, AND HANDLING -- 1.6 QUALITY CONTROL PART II -PRODUCTS -- 2.1 INSULATION MATERIALS 2.2 FASTENERS 2.3 INSULATION ADHESIVE PART III -EXECUTION 3.1 INSPECTION OF SURFACES 3.2 INSTALLATION '/ 7 . ~/ , 't7 ,,- ~; _, ',. ~. ` , ' ~ ~' ~, ,~ .:;; ,; `~~,. ~,, ; ~f~ PART I -GENERAL 1.1 SECTION INCLUDES A. Rigid Board Insulation B. Fasteners C. Insulation Board Adhesive 1.2 REFERENCES _ A. ASTM C 165 Recommended Practice for Measuring Compressive Properties of Thermal Insulation _ B. ASTM C208 Standard Specification for Cellulosic Fiber Insulating Board C. ASTM C272 Test Method for Water Absorption of Core Materials for Structural Sandwich Construction _ D.ASTM C390 Standard Criteria for Sampling & Acceptance of Preformed Thermal Insulation Lots E. ASTM C518 Test Method for Steady-State Thermal Transmission Properties by Means of the Heat Flow Meter F. ASTM C578 Standard Specifications for Rigid Cellular Polystyrene Thermal Insulation Board _-- G. ASTM C 1289 Standard Specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation H. ASTM D 1621 Test Method for Compressive Properties of Rigid Cellular Plastics - I. ASTM D 1622 Test Method for Apparent Density of Rigid Cellular Plastics SECTION 07220 ROOF AND DECK INSULATION 1.3 ~J .` ~- ~~~ .,~, J. ASTM D2126 Test Method for Response of Rigid Cellular Plastics to Thermal and Humid Aging K. ASTM E 84 Test Method for Surface Burning Characteristics of Building Materials L. ASTM E96 Test Methods for Water Vapor Transmission of Materials SYSTEM DESCRIPTION A. Levels A, B, and D -remove existing flat extruded polystyrene (XEPS) insulation Install new `/a" thick siliconized gypsum board over metal deck, replace existing insulation ,add new 1"thick polyisocyanurate and 1/2" thick high-density fiberboazd over entire roof. Infill any gaps of existing insulation lazger than `/4" with new XEPS insulation. Remove any wet XPS insulation and replace with new XEPS boazd. ~- Mechanically fasten all insulation components with new mechanical fasteners to the !~G metal deck. ~~'~"B7. Levels C, F, and G -remove existing extruded polystyrene (XEPS) insulation. j ~ ~ Level C has tapered insulation system, levels F & G are 4" flat. Install new `/4" thick ,~, siliconized gypsum board over metal deck, replace existing insulation, add new 1/2" ~, . `~~,% ~ thick high-density fiberboazd over entire roof. Infill any gaps of existing insulation '~ ~ larger than'/4" with new XEPS insulation. Remove any wet XEPS insulation and replace with new XEPS board. Mechanically fasten all insulation components with new mechanical fasteners to the metal deck. C. Level E -Remove and replace all existing insulation adhering old insulation to concrete deck and succesive layers in EPDM manufacturer approved adhesive. Infill any gaps larger than `/4" with new XPS insulation. Remove any wet insulation and replace with new XEPS board. Install new high-density fiberboard over entire roof in insulation adhesive 1.4 SUBMITTALS A. Provide manufacturer's specification data for insulation prior to construction, if requested by Engineer. B. Provide a sample of each insulation type, if requested by Engineer. C. For all XPS insulation, provide manufacturer's literature and/or certification of density and R-value for insulation. For extruded polystyrene provide Consultant written certification material meets specifications. D. All submittals are subject to Engineer's and/or Owner's review. Review of any submittal shall be for compliance only and does not denote specific approval. 1.5 DELIVERY, STORAGE, AND HANDLING A. Store all insulation materials in a manner to protect them from the wind, sun, and moisture damage prior to and during installation. SECTION 07220 ROOF AND DECK INSULATION Any insulation that has been exposed to any moisture shall be removed from the project site. B. Keep materials enclosed in a watertight, yet ventilated enclosure (i.e., tarpaulins). C. Store materials off of the ground. Any warped or broken insulation boards shall be - removed from the site. D. Deliver materials to job site in manufacturer's original wrapping marked with name of manufacturer and density of insulation. E. Materials stored on the roof shall be placed so as not to impede or disturb existing drainage flow. 1.6 QUALITY CONTROL A. Certification shall be delivered with shipment of insulation to job site that material meets the listed ASTM specification. If shipment does not have certification papers Contractor has option to sample insulation per ASTM C390 and perform ~~ropriate tests. Testing_shall be done at no additional expense to Owner or Engineer If this testin ig_s not performed and there is no written certification the shipment shall not be utilized on the project. B. Engineer or Owner has right to test any shipment, per ASTM C390, for specifications at their own expense, if shipment meets specifications. If shipment is determined not to meet the specifications, then that shipment of material will be removed from the job site and other shipments will be tested at no expense to contract. PART II -PRODUCTS _ _ 2.1 INSULATION MATERIALS ~~~ =-. A. Fiberboard (Recovery Board) ",. -;, 1. Acceptable Manufacturers "~ ~' a. Celotex =- -- b. Carlisle SynTec Systems, Inc. ~ ~ ~ -_ ~~~ ~- c. Temple-Eastex, Inc. ~-> .-, ' '--~~ _~ rv _ d . Firestone e . Georgia-Pacific Y £ Approved Equivalent --- 2. Requirements a. UL listed b. `'/z" thickness :meets ASTM C-208; Sheathing Regular 3 SECTION 07220 ROOF AND DECK INSULATION 3. Physical Properties Property Test Method Specifications R-Factor HR (square ft- per degree Fahrenheit per ASTM C 177 or BTU) per inch thickness ASTM C518 2.50 Compression Resistance ASTM C165 5% at 25-40 psi Water Absorption (Vol.) ASTM C209 7% Linear Expansion ASTM C209 0.5% max. Transverse load either direction, avg. ASTM C209 141b Tensile strength, parallel to surface, avg. min. ASTM C209 150 psi ('/2" thick) Tensile strength, perpendi- cular to surface, avg. min. ASTM C209 600 Ibf/ft2 ('/2" thick) B. Extruded Polystyrene 1. Acceptable Manufacturers a. Diversifoam, Inc. b. Owens Corning. c. Dow Chemical d. Approved Equivalent 2. Requirements a. UL listed b. Meets ASTM C578, Type X and minimums below (must meet most stringent of two) ~~~~, ,G :~ ,e~ 9` ~'; 6 ' r . c /'~~~ 4 SECTION 07220 ROOF AND DECK INSULATION 3. Physical Properties ProQerty Test Method Specifications Compressive Strength ASTM D 1621 15 psi min. Moisture Resistance (Vol.) ASTM C272 Less than 0.3% Foam Core Density ASTM D1622 1.5 pcf (min.) R-Factor HR (square ft. per degree Fahrenheit per BTU)per `~=~- inch thickness ASTM C518 ~~ 5.0 ~ "' ,, << ..- C. Polyisocyanurate Insulation ~ ' ; -,-~~ 1. Acceptable Manufacturers `~'~ ~ ~~" a. Manville b. Celotex Corp. ~`~ , , ~~~ c. Atlas Energy Products ~ -~:> d. NRG Barriers, Inc. e. Georgia-Pacific £ Firestone ISO 95+ g. Approved Equivalent 2. Insulation board shall meet the following requirements: a. Federal Specification HH-I-1972, Class I b. UL listed c. ASTM C1289- Type II (fibrous felt or glass facer both sides) d. Design R-value - 6.0- per one inch (use LTTR values for varying thickness) e. Meet Factory Mutual specs for FM 4450 & 1-60 uplift. Where required meet FM 1-90 uplift requirements. 5 SECTION 07220 ROOF AND DECK INSULATION 3. Physical Pronerties Property Test Method Specifications Dimensional Stability ASTM D2126 2% max. Compressive Strength ASTM D 1621 20 psi min. Vapor Permeability ASTM E96 1 perm max. D. Siliconized Gypsum thermal barrier 1. Acceptable Manufacturers a. G-P Gypsum Corp. b. Pre-Approved equal 2. Requirements a. Compostion: Glass mat faced gypsum with non-asphaltic, highly filled heat cured coating on one side. (Dens-Deck) b. '/a" thickness: 4'x 8' size. 3. Physical Properties a. Flame spread and smoke developed - 0 -ASTM E84. Noncombustible per ASTM E136 2.2 FASTENERS A. Metal Deck 1. Acceptable Manufacturers a. Construction Fasteners, Inc. b. ITW Buildex c. Tru-Fast Corp. d. The Rawlplug Company, Inc. e. Olympic Fastener f. Firestone g. Carlisle SynTec h. Approved Equivalent 2. Requirements a. Plates shall be a minimum three inches in diameter and composed 6- of galvanized steel. / 1~~j ~ b. Fastener and plate shall meet the requirements of FM Standard ~. ,1~. ~ 4470 passing the SPRIU Corrosion Test Procedures - Kesternich ~' . ~~ ~c~ DIN-50018 with 15% red rust allowable. ,,./ ~~ ~'c~' ~ ' ~ ~ c . Fastener and plate shall be approved within applicable FM tested ~~ '~~ `~ ~ roof system. (.~°<~ ,. ,~, l4> SECTION 07220 ROOF AND DECK INSULATION ,~ ~ ~ ,-~. 444 ` -. `a ;. ,'L ~' <~ r 2.3 INSULATION ADHESIVE ~~~ ` ~~ ~ , ~~ -;~, ~, A. Polyurethane adhesive, dispensed from pre-pressurized containers requiring no extern~~~~ power source. B. Approved Products 1. Insulation adhesive roof adhesive by Insta-Foam Products, Inc. 2. Carlisle Sure-Fast adhesive 3. OlyBond Adhesive by Olympic Fasteners 4. Engineer approved equivalent prior to bid. PART III -EXECUTION 3.1 INSPECTION OF SURFACES A. Examine surfaces for adequate placement, foreign materials, moisture and other conditions, which would adversely affect the roofing application and performance. B. The roofing contractor shall be responsible for preparing substrate to install insulation. Any conditions which require revision of Contract Documents shall be brought to Engineer's or Owner's attention for resolution. 3.2 INSTALLATION A. Roof Insulation 1. Insulation shall be laid in parallel courses with all joints staggered between courses. 2. Insulation shall be neatly fitted to all roof penetrations, projections and nailers with no gaps greater than 1 /4-inch. Tapered insulation shall be installed around roof drains in such a way as to provide adequate slope and support for runoff into drain. Under no circumstances will the membrane be left unsupported in an area greater than 1 /4-inch or around roof penetrations. 3. When more than one layer of insulation is used, joints shall be staggered with relation to the layer beneath. 4. No more insulation shall be placed on the surface to receive roof membrane than can be covered water tight with roofing membrane before the end of the day's work or before the onset of inclement weather. 5. Insulation shall be dry when installed and protected from weather during application. Any insulation exposed to weather, including EPS, and polyisocyanurate, after delivery to the site will be required to be removed from the project site and not used on the project. 6. If insulation is requested by Contractor to remain on site and be used, testing of the insulation shall be done by a certified testing agency at no additional expense to Engineer or Owner to verify insulation is acceptable for use on the project. SECTION 07220 ROOF AND DECK INSULATION B. .~. ~'~ _ /~~ _ ~~~ '~ ~ ~, .-- ~' , 7. All materials which become wet or warped shall be removed from the site and replaced with new dry materials. 8. Provide insulation saddles at walls, curbs and other penetrations where described per the Contract Documents. Attachment With Mechanical Fasteners 1. Approved insulation board shall be fully attached to the deck with an approved mechanical fastening system. At a minimum, the amount of fasteners shall be in accordance with manufacturer's recommendation for FM I-60 approved system. 2. Otherwise, a minimum of one fastener per two square feet shall be installed for insulation under a fully adhered EPDM membrane. A fastening pattern of lower intensity can be approved upon submittal of insulation and fastener data prior to receipt of bids. Submittals for this need to be to Engineer a minimum of 5 days prior to bid for consideration. 3. Filler pieces of insulation require at least two fasteners if size of insulation is less than four square feet. 4. Spacing pattern of fasteners shall be as per manufacturer's recommendations to meet the FM requirements. Placement of the center of any fastener from edge of insulation board shall be a minimum of four (4) inches and a maximum of six (6) inches. 5. Minimum penetration into deck shall be as recommended by the fastener and insulation manufacturer. Verify fastener is engaged in the top flute of metal deck. A minimum ''/s" of the fastener shall be below the top flute. 6. Do not over drive or under drive fastener. Install fastener so is properly seated in plate. Any fastener not properly seated shall be removed and replaced at no additional expense to the Contract. C. Insulation Attachment with Adhesive 1. Contractor shall coordinate project start-up with the insulation adhesive representative at least 5 working days prior to the beginning of the roof system installation. 2. Adhesive containers shall be stored between 45° F, (7.2° C.) and 75°F. (23.9° C). The minimum ambient and surface temperatures are to be 40° F (4.4° C). 3. Before dispensing adhesive the applicator shall observe the following precautions: wear protective clothing, work gloves and eye protection. A self-contained breathing apparatus (SCBC) is required in areas of insufficient ventilation. 4. Surfaces shall be free of any debris, dirt, grease, oil, diesel fuel and water 5. Maximum insulation board shall be no larger than 4 foot (4' X 4') square. SECTION 07220 ROOF AND DECK INSULATION 6. Damaged or broken corners shall be cut out and replaced with a minimum ___ 12" square piece secured in adhesive. 7. Adhesive is to be mixed prior to use by firmly holding the container on its side and agitating the contents in a side to side motion for a minimum of - one minute. Mix according to manufacture's recommendations. 8. Attach the dispensing wand kit to the container. A multi-bead applicator is recommended for open areas of the roof deck. -- 9. To prevent pressure loss, adhesive container shall be stored and used in an upright position. 10. At the roof section(s) perimeters and corners, the first 4 feet of adhesive - shall be applied at a minimum rate of 2 linear feet of/4" to 1" diameter bead for every square foot of insulation board. 11. In the field areas, adhesive shall be applied at a minimum rate of 1.0 linear feet of 3/a" to 1"diameter bead for every square foot of insulation board. Or as recommended by insulation adhesive manufacture. 12. Insulation boards shall be placed into the beads of adhesive within 3 minutes and "walked- in" immediately to spread the beads for maximum contact. Continue to "walk-in" the insulation board every 5 to 7 minutes until the insulation is firmly attached. 13. Use a parapet wall or gutter as a straight edge guide when dispensing the first bead of insulation adhesive. Turn on the cylinder valve, slowly open _ the brass valve and dispense parallel'/4"-1"beads. 14. Under the normal application rate, place the first bead 3" inside the outside edge of the insulation board to be attached. _ 15. Apply three additional parallel beads approximately 14" apart so that the fourth bead is 3" inside the opposite edge of the insulation board. The result is four equidistant parallel beads (sixteen lineal feet) for each four _ foot square (4'x 4') insulation board. 16. Multi-Bead Applicator a. Squeeze the valve to dispense four beads of insulation adhesive, __ pulling the MBA as you dispense the'/4"-1" beads. b. Place the insulation boards onto the insulation adhesive beads within 3 minutes and walk on the boards spreading the insulation adhesive for __ maximum contact. c. Additional walkings are required every 5-7 minutes until firmly attached (usually 20-45 minutes). -- 17. On roofs with slope at `'/2" per foot or greater begin adhering insulation at ~- low end and work upslope to avoid slippage. ~~ '.__ ~. a ~~ -- ~_~~ r~ c ~, - -{-o 9 _~ ----` } SECTION 07220 ROOF AND DECK INSULATION D. Verification & Quality Assurance -Insulation adhesive 1. Upon completion of the installation in each area, visually inspect and verify that all components are complete and properly installed. 2. Provide adhesive manufacturer's 10-year adhesion warranty to Engineer and Owner. END OF SECTION 07220 rS- '~ -!~C,. c' ~'~,-Y F, . ,/,; .~ } ~~ 10 SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED INDEX - PART I -GENERAL 1.1 SCOPE 1.2 REFERENCES 1.3 SYSTEM DESCRIPTION 1.4 QUALITY ASSURANCE _ 1.5 SUBMITTALS 1.6 PRODUCT HANDLING, STORAGE, AND DELIVERY 1.7 JOB CONDITIONS 1.8 WARRANTIES PART II -PRODUCTS 2.1 ELASTOMERIC MATERIALS PART III -EXECUTION 3.1 PRE-CONSTRUCTION MEETING 3.2 INSPECTION OF SURFACES 3.3 APPLICATION -GENERAL <~''= ~.-., -- 3.4 SEQUENCING/SCHEDULING `~~` 3.5 MEMBRANE INSTALLATION rC-'- r ~~ ~ ,. 3.6 SHEET METAL WORK f`-~ ~ ~~'~, '' '~,~~~ - 3.7 TEMPORARY WATER CUTOFFS - V 3.8 FINAL INSPECTION _ ~..., E. ~y PART I -GENERAL , ~' f ' . ~_', .. 1.1 SCOPE yl A. ELASTOMERIC SHEET ROOFING - B. FLEXIBLE FLASHINGS C. OTHER COMPONENTS AS REQUIRED _- 1.2 REFERENCES A. ASTM C471: Standard Test Method for Rubber Properly -Effect of Liquids - B. ASTM D4637 : Standard Specification for EPDM Sheet Used in Single-Ply Roof Membrane C. ASTM D4811 : Standard Specification for Rubber Sheet, Non-vulcanized, Used as Roof Flashing 1.3 SYSTEM DESCRIPTION A. Fully adhered unreinforced 60 mil thick EPDM (ethylene propylene diene monomers) membrane for all roofs. Roof system shall meet minimum requirements of UL Class "B" System. SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED 1.4 QUALITY ASSURANCE A. The entire installation of roofing, insulation, flashing, and sheet metal work shall be of the quality required for acceptance by the manufacturer in order to obtain the specified material and workmanship warranties offered by the manufacturer for the Base Bid. B. Comply with the requirements of the regulatory agencies as specified herein. C. Applicator: 1. Acceptable to the manufacturer of the roofing materials and factory trained by the manufacturer. 2. Successfully completed projects of similar magnitude, using similar materials. 3. As an approved applicator, will have all knowledge of all items required by the manufacturer in the installation of the manufacturer's system. These items will be included in the work. D. The roofing contractor shall verify that all roofing materials (i.e., membrane, insulation, fasteners, adhesives, sealants, etc.) are compatible with each other and the substrates which they will be in contact with. Notify Engineer/Owner of any discrepancies or incompatibilities. E. Contractor shall coordinate construction activities with Engineer so a representative can be on-site during critical phases of construction. Contractor shall notify Engineer and Owner 24 hours before installation starts. Coordination of schedule shall be discussed in the first week of construction and during the construction process with the foreman and the Engineer's representative. F. Amount of Hatches due to Contractor's improper protection or application on new membrane shall be less than 15% of total roof area. If patches total that percentage Contractor shall remove or overlay with new membrane at his own expense. 1.5 SUBMITTALS A. The following items are required to be submitted to Owner or Engineer prior to ~" commencement of construction. 1. Water cutoff method for end of day construction 2. Construction schedule '~ B. Contractor shall submit the following items if specifically requested by Engineer or _ Owner. 1. Shop Drawings: a. Indicate the following: _ 1. Locations sizes, and types of penetrations 2. Outline of roof and dimensions 3. Location of field seams -_- 6' 2. Manufacturer's Product Data Sheets: _ _~~/ ~ a. Showing complete details of the system ''S . '~ ~ `` '_~' b. Material characteristics -- `~ ~ ~/`'~ c. Test data ,,_~ ~ ~ ~~` ~ !'~~'I©/ d. Installation recommendations ~,~t, .. ,~ ;., ~ ~ 3. Certificates: Submit manufacturer's Certificate of Compliance ~`' ,,' • '`` ~- 4. Manufacturer's Instructions: furnish manufacturer's printed instructions for ,_._ ~~'~ installation of membrane and insulation, including procedures and materials for flashing, splicing, and bonding. -- 2 SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED 5. Membrane manufacturer's written approval that the roofing contractor is an authorized applicator of its products. 6. Membrane manufacturer's written approval that the technical specifications and plans are in accordance with their published specifications and details. 7. Samples: Membrane material; Minimum size; 6" x 6" sample 8. Copies of all field site visits and inspections by manufacturer's representative. C. All submittals shall be subject to Engineer's and/or Owner's review. Review of any submittal shall be for compliance only and does not denote specific approval. 1.6 PRODUCT HANDLING, STORAGE, AND DELIVERY A. Materials shall be stored in their original, tightly sealed containers or unopened packages and shall be clearly labeled with the manufacturer's brand name and such identifying reference numbers as are appropriate. B. Materials shall be stored in a neat, safe manner, so as not to exceed allowable live load of the storage area, and out of the weather in a clean, dry area. C. Splice cleaner and bonding adhesives are extremely flammable. Do not use near fire or flame or in unventilated areas. Dispense from UL approved containers and consult material safety data sheets for specific information. D. Any materials damaged in handling or storage are not to be used. E. Coal tar base, oil base, or plastic roof cements are not to be used in direct contact with steam or steam source. F. Do not allow the EPDM material to come into direct contact with steam or steam source. G. All bonding, splicing and sealing surfaces must be free of dirt, moisture and any other contaminants. H. Installation may continue in cold weather provided adhesives and sealants are stored at room temperature prior to application and used within a 4-hour period after being brought to the roof, if approved by the manufacturer. Follow manufacturer's recommendations for special precautions for installation below 40°F. I. Remove wet material that gets wet at the site or is delivered wet to the project site. J. Comply with fire and safety regulations. 1.7 JOB CONDITIONS A. Apply roofing in dry weather. B. If the newly constructed underlying roof materials or insulation becomes wet due to rainstorm, faulty water cutoff, or other reasons, the Contractor shall remove and dispose of all wet materials, dry the affected roof area, and reconstruct the roof in accordance with these specifications, at no additional cost to the Contract. C. The roof surface shall be free of ponded water, ice, snow, or algae prior to installing the new roof system. Contractor shall take whatever methods are ne~e~sary ta:_J provide such conditions. '- - `-~ ' LL::y ,~-, _' ~.. ~. ~~ 1 C'~ t -o _. _ t , r.~ _ _ ~~ SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED 1.8 WARRANTIES A. The Contractor shall provide Owner with a written warranty guaranteeing all roofing work including membrane, flashing, counterflashing and associated work required by the Contract Documents to be water tight for a period of two years from date of final acceptance of construction. Language in the guarantee shall be acceptable to Owner prior to acceptance. Guarantee shall include all materials and workmanship required to repair any leaks that develop due to defects in material or workmanship. B. The membrane manufacturer shall issue a 10 year leak and workmanship warranty and 20-year material warranty for the Base Bid construction. PART II -PRODUCTS 2.1 ELASTOMERIC MATERIALS A. Fully adhered unreinforced and reinforced black EPDM Membrane 1. Acceptable Manufacturers a. Carlisle SynTec Systems b. Firestone Building Products Company c. Versico, Inc. d. Gencorp Building Products e. Approved equivalent (Prior to receipt of bids) 2. Requirements a. EPDM membrane will meet the requirements for a UL Class "B" system. b. All Base Bid materials and components shall be such that the membrane manufacturer's 10 year leak and workmanship warranty and 20-year material warranty will be obtained for the project. 3. Physical Properties :Meet ASTM D 4637-96, Type I, un-reinforced sheet, Type II for reinforced sheet. 4. Related Materials: a. Flashing: as recommended and furnished by the membrane manufacturer. Minimum thickness as recommended by membrane manufacturer. If uncured flashing used -meet ASTM D 4811, Type I, Grade I, Class V. b. Bonding Adhesive: Compatible with materials as recommended by the membrane manufacturer. d4~ c. Splice Cleaner: Furnished or recommended by the membrane ~ ~j~ manufacturer. is. ~ %;~~ ,.~ , d. Lap Sealant: Furnished by membrane manufacturer. ~"' ~{~ ~~`,,~ e. Water cutoff mastic: Compatible with materials as recommended by ~, , l ,c,, manufacturer. ~, (`~~ ~, ~~ ~~ 7 ~Oj f. Factory molded pipe flashing: Configuration as required and ~~' ,>. ~',; ~ compatible with materials as recommended by the manufacturer. r~ `~~l%,x g. Night seal: Compatible with materials as recommended by the membrane manufacturer. h. Lap primer: Compatible with materials as recommended by the membrane manufacturer. Primer in marked cans only will be used. i. Nailing strips and termination bars: Use extruded nailing strips and fasteners as recommended by the membrane manufacturer. 4 SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED 1. Minimum thickness - 0.05" 2. Width - 1" 1. Seam tape :Furnished by manufacturer B. Reinforced Perimeter Fastening Strip 1. Acceptable Manufacturer a. Manufacturer of EPDM material 2. Physical Properties a. Same as EPDM material b. Thickness - 0.045 inches ;~ ;. ~,~ _, x , u _. . , ~ . ~ , ,~; ; ; ~~ ~-~ ,''~ _ PART III -EXECUTION 3.1 PRE-CONSTRUCTION MEETING A. Prior to the start of roofing work, a meeting will be held at the job site for the _ _ purpose of reviewing materials, methods, coordination of schedule and procedures to facilitate proper and timely construction of the roofing system. B. A responsible representative from each of the following organizations shall be in _ __ attendance: 1. Roofing contractor (as a minimum, the field foreman assigned to the job). 2. VJ Engineering. -- 3. Owner, as available 3.2 INSPECTION OF SURFACES A. Examine surfaces for adequate anchorage, foreign materials, moisture, and other conditions which would adversely affect the roofing application and performance. B. The roofing contractor shall be responsible for preparing existing surfaces to receive insulation, roofing, and flashing. Any deviation from Contract Documents shall be brought to the attention of Engineer or Owner for resolution. 3.3 APPLICATION -GENERAL A. Install in accordance with the accepted roofing manufacturer's current written specifications and recommended details by the manufacturer during the time of bid - - and Contract Documents. If there is a discrepancy between the two, the more stringent of the two shall apply, unless otherwise directed by Engineer or Owner. B. Roof surfaces shall be thoroughly dry before application of roofing. Clean and ~" sweep all construction areas daily. C. Inspection of the roofing shall be made by a responsible representative of the roofing manufacturer during application and after completion. D. Take all precautions required to prevent blowing or tracking of aggregate from the existing roof that is being removed from entering into new work area. Assure that aggregate is not tracked into new roof installation area on worker's shoes or equipment wheels. Aaaregate under or within the new membrane shall be cut out and the membrane patched per specifications. _ E. Roofing insulation shall be dry when installed and shall be protected from the weather during installation. All materials which become wet shall be removed and replaced with new dry materials that meet specifications. SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED F. When application of roofing is begun, the total roofing system in the area where insulation and /or tearoff is performed shall be covered and watertight before the contractor's crew leaves the area for the day and before any moisture can enter into the completed roof assembly. G. Install temporary water cutoffs at the completion of each day's work and remove temporary materials upon resumption of the work. Any leaks and damage due to insufficient water cutoffs ,accidents or neglect by Contractor shall be repaired and compensated for by the Contractor at no cost to the Owner. H. Application workmen shall wear soft rubber-soled shoes for all work where they may be walking on the in-place roofing membrane. Precautions shall be taken to protect the membrane from puncture. I. If materials are stored on the roof, the materials will be stored on pallets off of the existing roof. Materials shall be stored so no damage occurs to the existing roof. J. Special care will be taken to prevent distress on the building structure when storing and handling materials on the roof. K. Any materials stored on the roof shall be so situated that the existing drainage flow is not impeded or disturbed. 3.4 SEQUENCING/SCHEDULING A. Notify the Owner and Engineer 24 hours before the first day of construction B. Coordinate with Engineer during construction so that the Engineer or his representative can schedule to be at project to observe first day installation of insulation, membrane, flashin~?s and typical installations after the first dav. C. Contact Engineer when construction is substantially complete for review 3.5 MEMBRANE INSTALLATION A. General 1. Membrane materials, splicing, perimeter attachment, bonding, flashing, molded pipe flashing, temporary water cutoffs and other related work shall be installed in accordance with the manufacturer's printed instructions and reviewed shop drawings. B. Membrane Placement 1. Place membrane without stretching over the acceptable substrate. Allow membrane to relax a minimum of 30 minutes before bonding. 2. Fold membrane back after making sure the sheet is placed in its final position, fold it back evenly onto itself so as to expose the underside. The sheet should lay smooth so as to minimize the formation of wrinkles during 6'~, and after installation. i,C'j , 3. Provide special emphasis to remove all stones, pebbles, and other material `~c' ~~; v~ j~~ before gluing sheets to substrate. ~, , ~ ~ .~,,,, 4. Remove dust and dirt by sweeping the mating surface of the membrane with °f ~~~%-'~I a stiff broom to remove excess dusting agent (if any) or other contaminants ~' `~,. ~` • ~ ~~~ ~~ from the mating surface. `~~`~~ ; ~`''~~~, ~ 5. Apply bonding adhesive at about the same time to both the exposed ~,~` ~~ underside of the sheet and the substrate to which it will be adhered so as to allow approximately the same drying time. Apply bonding adhesive evenly so as to avoid globs. SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED a. Apply bonding adhesive with a roller: Apply the bonding adhesive and roll the adhesive on to the mating surfaces. b. Apply bonding adhesive by spraying and then rolling: Spray on bonding adhesive and then roll out with a solvent resistant paint roller. 6. Stop bonding adhesive short of seam area using care not to apply bonding adhesive over an area that is to be later cleaned and spliced to another sheet _ or flashing. 7. Apply bonding adhesive at specified coverage rate; Apply bonding adhesive as specified per manufacturer. Coverage rate will _ differ with various substrates and/or climatic conditions. 8. Test bonding adhesive for readiness: Allow bonding adhesive to flash off until tacky. Touch the bonding adhesive surface with a clean, dry finger to be certain that the adhesive does not stick or string. As you are touching the adhesive, pushing straight down to check for stringing, also push forward on the adhesive at an angle to -- ensure that the adhesive is ready throughout its thickness. If either motion exposes wet or stringy adhesive when the finger is lifted, then it is not ready for mating. Flash off time will vary depending on ambient air conditions. - - 9. Bond the membrane to the substrate: Starting at the fold, roll the previously coated portion of the sheet into the coated substrate slowly and evenly so as to minimize wrinkles. 10. Broom the membrane: :, To ensure proper contact, compress the bonded half of the sheet to tli`~''~ _ substrate with a stiff push broom. ~:-~ - - `" ` " '~ ,~ -- 11. Repeat procedure to complete the sheet installation: ~ - `', Fold the unadhered half of the membrane sheet back onto itselfand rep6at ~ ~..', the bonding procedure to complete the bonding of the sheet. ~- - ' C. Membrane Lap Splicing -Seam Tape ~ -.:,~ ~r :" 1. Use on field splices only. ~-'=' ~._ ~, 2. Position the sheet at the splice at the splice area by overlapping th~Y membrane 5". Once the membrane is in place, mark the bottom sheet'/2" to 3/a" from the edge of the top sheet every 4 to 6 feet with a colored crayon or similar device. Tack the sheet back with manufacturer's priming solution at 5 feet centers and at factory splices or as required to hold back the membrane a the splice area. 3. Remove excess amounts of dusting agent form the sheet and at factory splices using a stiff push broom. Stir manufacturer's prime solution thoroughly prior and during usage. Dip the scrubber into the primer, _ _ keeping the scrubber flat. Apply the priming solution back and forth strokes with an adequate amount of pressure along the whole length of the splicing area until the surfaces turn dark gray on color. Apply primer to both surfaces at he same time. At each 200 feet of 3 inch wide splice change the scrub pad, or when the pad will no longer retain the required amount of primer. Provide additional __ cleaning of contaminated areas or areas of excess dusting agent and at all factory splices. SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED 4. Position the seam tape with the paper intact on the bottom sheet. Align the edge of the release paper with the mazkings. Immediately roll the splice tape with a 3 to 4" wide silicone sleeved steel hand roller or a short nap 3" paint roller. 5. After the seam tape is installed the whole length of the splice, place the top sheet over the tape's paper backing. Trim the top sheet as required to provide 1 /8" to ''/z" of the seam tape exposed on the finished splice. 6. Roll back the membrane and peel the paper backing of the seam tape by pulling against the weight of the bottom sheet at a 45 degree angle to the tape and parallel with the roof surface. Allow the top sheet to fall freely onto the exposed seam tape. Broom the entire length of the splice as the release paper is removed. 7. Roll the splice using a 1'/z" to 2" wide silicone or silicone sleeved steel hand roller, first across the splice and then along the entire splice length. 8. End laps a. Overlap seam tape a minimum 1 "when the splice length is larger than the tape. b. Trim tape at T joints so that the edge of the tape and the membrane edge are flush under the joint.. c. Apply manufacturer approved flashing or joint cover over T joint d. If cured EPDM used as flashing, apply an 8" long section of flashing or joint cover material over the flashing and field splice intersection. 9. Cold Conditions a. Store tape in enclosure with temperature between 60 and 80 degrees F. b. For ambient temperature 40 degrees F or less use heat gun on tape to provide appropriate mating conditions. D. Fl ashing- Walls, Parapets, Mechanical Equipment Curbs, Skylights, Etc. 1. Using the longest pieces practical, flash all walls, parapets, curbs, etc., to the height as specified by the project designer. 2. Evaluate substrate: The following substrates require an over layment of/z" ~„ exterior grade or "Wolmanized" plywood mechanically fastened in S' ~' ~ '' accordance with the project designer's requirements. •`- ~ ~ ~i a. Gypsum board b Stucco , `°~ ~ % rC.' ~ % " " ~ '`' . c. Cobblestone , ~ ,Q ~ F ~-~ d. Textured masonry \.~' `~. 1 •~'~ e. Corrugated metal panels ~/~ •%~ ~ ~ f. Other uneven substrates ~y.. 3. Evaluate existing flashings: a. Remove existing roof flashing material 4. Use membrane manufacturers reinforced perimeter fastening strip material • for flashing for EPDM manufacturers that make material. a. Unroll the RPF strip over installed insulation and position per manufacturer's specifications. b. Fasten with 2" seam plates and screws, or batten strips. c. Sealant required on all fastener heads when batten strips are used. g SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED d. Clean the dry mating surfaces using clean cotton cloths with splice wash to remove all dirt and other contaminates that will affect the finished bond strength. Allow to dry. e. Brush apply, splice adhesive to both surfaces and mate according to manufacturer's specifications. f. Roll finished base tie-in with a 2"-3" wide silicone or silicone sleeved steel hand roller to ensure proper adhesion. g. Maximum fastener length is 6". h. Do not install over uneven substrates. 5. Splice to roof sheet first: Complete the splice between flashing and the main roof sheet with splice adhesive before flashing to the vertical surface. Provide lap splices in accordance with manufacturer's details. __ 6. Apply bonding adhesive to the vertical surface: Apply bonding adhesive at about the same time to both the flashing and the surface to which it is being bonded so as to allow approximately the same __ drying time. Apply bonding adhesive evenly so as to avoid globs. a. Apply bonding adhesive with a roller: ~---, Apply bonding adhesive and roll the adhesive onto the mating surfaces. b. Apply bonding adhesive by spraying and then rolling: -.` "~- ' Spray on bonding adhesive and then roll out with a solvent resistant pint ' ~ ;:,` ', roller. ", ,r ~;~ 7. Apply bonding adhesive as at coverage rate specified by manufacturer. ~~ Coverage rate will differ with various substrates and/or climatic oo~ditions~:~~ 8. Test bonding adhesive for readiness: ~;:~; ~> Allow bonding adhesive to flash off until tacky. Touch the bonding adhesive surface with a clean, dry finger to be certain that the adhesive does not stick or string. As you are touching the adhesive, pushing straight down to check for stringing, also push forward on the adhesive at an angle to ensure that the adhesive is ready throughout its thickness. If either __ motion exposes wet or stringy adhesive when the finger is lifted, then it is not ready for mating. Flash off time will vary depending on ambient air conditions. 9. Roll the flashing into the adhesive evenly and carefully so as to minimize wrinkles. 10. Broom the flashing: -- To ensure proper contact, compress the flashing to the substrate with a stiff push broom. 11. Provide termination directly to the vertical substrate as shown by project - drawings and manufacturers details. 12. Flashing details shown on plans are for general guidance and may be modified by Contractor after review and approval of Engineer. Contractor -- shall review any particular flashing requirements of membrane manufacturer for warranty securement prior to construction with Engineer. SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED E. Membrane Repair 1. Repair wrinkles within 18" of a splice or a puncture in the membrane: a. A fishmouth or wrinkle, running toward a splice, within 18" of a splice must be repaired. The wrinkle must be cut out and patched with a piece of EPDM membrane having no factory seams. Provide a splice that extends a minimum of 3" beyond the boundaries of the _ cut in all directions. If the wrinkle occurs through uncured flashing, then uncured flashing shall be used for repair, but the uncured flashing may not extend onto the roof surface more than 6". If repairing the same wrinkle must continue, the EPDM membrane must be used; install EPDM membrane first. Round all corners of repair piece. b. Repair a puncture in the EPDM membrane with EPDM membrane. .c~ The repair must extend a minimum of 3" beyond the boundary of the s ~~' affected area in all directions. Round all corners of the repair piece. ^ ~' " :~%_ (Example: A pinhole will require a 6"x 6" surface splice.) ~---.~ '~ ~~'F,~~ Clean the membrane: . _ y `~ ~ :.: When repairing membrane which has been in service for some time, ~°~ ~ ~ ` ' - -~- it is necessary to remove accumulated field dirt. Proper membrane =~" u'. ~ ~~~, ; © preparation is made by first scrubbing the membrane with a scrub .__ ~, brush and warm soapy water, then rinsing with clear water and t `=' drying with clean cotton cloths. Clean the area using clean cotton cloths with unleaded gas, white gas, splice primer, or heptane. A --- second cleaning using clean cotton cloths with unleaded gas, white -=_- gas, splice primer, or heptane is often necessary. 3. Install splice: Repairs must be made with splice adhesive. Refer to -- manufacturer's specifications for splicing procedures. 4. Membrane repairs due to lack of traffic protection, carelessness by Contractor, improper relaxation of sheet, or other factors that are the Contractor's responsibility shall be kept to a minimum. 5. If the amount of patches on a roof comprise 15% of the total roof area, Contractor will be required to replace or install new membrane over existing at his own expense. 3.6 SHEET METAL WORK A. Counterflashings, copings, and other perimeter or penetration metal work shall be properly fastened and sealed by the roofing contractor or others, and it shall be their responsibility to maintain this work in a watertight condition. Care should be taken to assure the membrane is not in contact with sharp edges and is not unsupported for more than '/4" gap. 3.7 TEMPORARY WATER CUTOFFS A. Water cutoffs shall be installed to prevent water from flowing beneath the completed roof assembly during inclement weather. B. The roof membrane shall be extended at least 2 feet over the last row of insulation (where applicable) and a continuous layer of water tight sealant applied onto the _ substrate a minimum of 10 inches from the membrane edge. Mating surfaces must be smooth, clean, and free from any loose foreign material t o -- SECTION 07531 ELASTOMERIC SHEET ROOFING -FULLY ADHERED C. Firmly embed roof membrane into sealant and provide continuous pressure over the length of the cutoff by using sufficient ballast. D. Where applicable, use asphaltic bitumen and strip of roof membrane for tie-off. E. Water cutoff is suggested as follows: __ 1. Using asphalt roofing cement, apply water cutoffs consisting of two strips of waterproof sheet material at exposed edges of the completed insulation and roofing membrane. Extend the first strip of sheeting 6 inches on top of the _ applied felts. The second strip shall lap the first strip by 3 inches on each side. Apply the strips to the roof deck, applied felts, and to each other. 2. Withhold roofing cement from the edges of the insulation. 3. When the application of the insulation and roofing system is resumed, cut the strips of sheet material along the vertical edges of the insulation, exposing the edges of the insulation, and remove the cutoff sheets and __ materials from the deck flutes. 4. Other methods for temporary seal shall be submitted to Engineer. 3.8 FINAL INSPECTION A. Upon completion of the installation, an inspection shall be made by a field technical representative of the membrane manufacturer for issuance of a warranty. Engineer shall be notified 48 hours in advance if possible of the final inspection time for his schedule. Upon completion of the inspection, the Contractor shall submit to the Engineer a written report of the field technical representative's findings. B. Engineer shall also provide a punch list of items that relate to the project. The punch list should be completed within 20 days (weather allowing) after the Contractor receives all punch lists. END OF SECTION 07531 r-._ , ~~ Ca . `~:~. -_ .~ __ . ~.- _--.._ .,, ~ ' ~ -- _ -- - - c - .1 _ _.. __ . --: f; .. ~~- .. n, !' ' SECTION 07600 FLASHING AND SHEET METAL INDEX PART I -GENERAL 1.1 DESCRIPTION OF WORK - 1.2 SUBMITTALS 1.3 GUARANTEE - PART II -PRODUCTS 2.1 SHEET METAL 2.2 FASTENERS PART III -EXECUTION 3.1 INSPECTION 3.2 PREPARATION 3.3 INSTALLATION 3.4 SHOP OR FIELD FABRICATED METAL 3.5 COPING AND EXPANSION JOINTS 3.6 GRAVEL STOPS, FASCIA, COUNTER-FLASHING 3.7 WORKMANSHIP 3. S REPAIRING 3.9 CLEANING ., ",', ~~ ~-~ "'1 _. ~, _~~ ., +.,.. 7 ti~ ` ~. ,. y PART 1- GENERAL 1.1 DESCRIPTION OF WORK - A. The types and extent of flashing and sheet metal work includes but is not limited to: 1. Roof edge and counter flashing. - 2. Roof penetrations. 3. Coping caps 1.2 SUBMITTALS A. Shop Drawings (As requested): 1. Submit shop drawings as requested by Engineer or Owner for gravel stops, gutters and downspouts, and counter flashing. 2. Drawings to show joints, types and locations of fasteners and special shapes. B. Samples (As requested): 1. Show pattern, finish, color and thickness of materials not receiving paint. C. Manufacturer's literature for pre-finished materials, if requested by Engineer. 1.3 GUARANTEE _ A. Contractor shall guarantee materials and workmanship against defects or leaks for two years starting on the date of final acceptance by Owner. SECTION 07600 - FLASHING AND SHEET METAL B. Pre-finished metal shall have a 20-year warranty against chalking, fading, and ` rusting. _ C. Submit all warranties at time of project closeout. PART 2- PRODUCTS ____ 2.1 SHEET METAL A. Galvanized Iron: " 1. Flat type min. 1 lb. per square foot. 2. FS QQ-S-775A, Class 4 rating. B. Prefinished Galvanized Metal: ~~ 1. Galvanized 24 ga. with Kynar 500 coating -- 2. Acceptable Manufacturers : . , a. Vincent Metals - "Colorklad" b. Peterson Aluminum Co. - "Pac-Clad" c. Copper Sales, Inc. - "Una-Clad" . . d. Approved Equivalent 3. Properties a. Finish face shall have a removable material film for protection ~- during shipping and fabrication and installation. b. Color to be selected by Engineer and Owner. ^ 4. Warranty _- a. Manufacturer shall provide a written 20 year labor and materials, non-prorated warranty covering chalking, fade, and film integrity. b. Material shall not show a color change greater than 5 NBS color ~~ units per ASTM D-2244 or chalking in excess of 8 units per -- ASTM D-659. If either occurs, during the 20 year period, material shall be replaced under terms of the warranty. 2.2 FASTENERS A. Nail heads and screws for continuous hook strips to be minimum of 3/16 inch. B. Fasteners shall be corrosion resistant steel or treated for corrosion resistance. ~' C. Fasteners for exterior side of metal coping shall be No. 10 (5 mm) galvanized _ _ screws. D. All exposed fasteners shall be neoprene washered. ^, PART 3- EXECUTION 3.1 INSPECTION A. Verify that substrates are smooth and clean to the extent needed for sheet metal --- work. B. Verify that reglets, nails, cants, and blocking to receive sheet metal are installed b/~~Jf, ~f and free of concrete and dirt. --- •,, !, ,-. ~~,/~~-}C~ Do not start sheet metal work until conditions are satisfactory for installation. _ :~ ~'~ ~.. l „e ~,f,,.//•~ f ~u~,~ 2 SECTION 07600 FLASHING AND SHEET METAL _'•, / 3.2 PREPARATION ~'~~ ~ -; __ A. Before installing sheet metal, verify shapes and dimensions of surfae~;' to_ be covered. u', ~.~~ _._ 3.3 INSTALLATION ~ U; l Y" f JJ ~~ A. General: .~ 1. Install work watertight, without waves, warps, buckles, fastening stress or -- distortion, allowing for expansion and contraction. 2. Hem exposed edges. 3. Angle bottom edges or exposed vertical surfaces to form drips. - 4. Fabricate all items in maximum lengths specified and per industry standards. Joints shall be held to a minimum. No section of visible sheet metal shall be longer than 10 feet. B. Install sealant at joint locations by applying minimum 1/4 inch diameter bead, centered on full length of joint. C. Install flashing and sheet metal to comply with Architectural Sheet Metal Manual, Sheet Metal and Air Conditioning Contractor's National Association, Inc. As a maximum, the following fastening requirements with approved fasteners will be ___ met 1. Metal flanges at top of wall perimeter a. Attach at 3" on center staggered b. Minimum width 3 3/4", maximum 4 t/4°, recessed t/2" from interior nailer edge 2. Exterior wall continuous clip: 24" on center, length of clip not to exceed 12 feet. a. Fasten clip to the bottom piece of wood blocking. Do not fasten into joints of wood blocking. Minimum distance for vertical leg of - clip to be 3". b. Clip shall be minimum one gauge heavier than fascia or cap. c. Bottom edge of clip shall extend a minimum of 1-1 /2 inches below -- bottom edge of blocking or surface that clip is attached to. Minimum length of bent clip leg shall be s/s". Maximum angle from the vertical face to be 30°. _ 3. Metal sections for exterior wall fascia and gravel stops should be secured on the flange with two nails through slotted holes for expansion and contraction. Nail heads should be somewhat larger than the slotted holes. - 4. New counterflashing attached to existing through wall counterflashing: 18" on center. 5. Surface mounted counterflashing: 24" on center 6. Expansion joint cap and coping caps: 24" on center (for interior side of copings) __ 7. Decrease distance to meet FM I-60 or per FM Loss Prevention Data Sheet 1-49 design requirements or to prevent any gaps on top edge of metal. 3 SECTION 07600 FLASHING AND SHEET METAL D. Fastener Installation _ . 1. Screws shall penetrate substrate a minimum of 1 inch. 2. Nails shall penetrate substrate a minimum of 1-1/4 inch. F. Pre-finished Metal Installation -- 1. All metal corners shall be lapped a minimum of 3 inches with adjoining _ _ faces connected and set in sealant. 2. Use touch up paint and fasteners that match color of metal. 3. Remove pre-finished coating by mechanical method if soldering required 4. Fabricate and install with strippable film in place. 5. Remove strippable film immediately after installation complete. Extended exposure of film to sunlight may damage pre-finished coating. -- 3.4 SHOP OR FIELD FABRICATED METAL A. Fabrication shall be in accordance with SMACNA and acceptable sheet metal '~ practice. _ B. All accessories or other items essential to the completeness of the normal sheet metal installation, whether specifically specified or not, shall be provided and installed as required. ~ _ 3.5 COPING AND EXPANSION JOINT CAPS A. Provide positive drainage from all coping caps installed. B. Joints for metal coping shall utilize a minimum of 4" lap between sections. Place sealant approximately 1 inch from the edges of each metal section. Allow for expansion and contraction of the metal. 3.6 GRAVEL STOPS, FASCIA, COUNTER-FLASHING A. See the drawings for particular requirements. B. Existing gravel stops, fascia and counter flashing that are removed may only be reused if their condition is acceptable to Engineer and Owner. C. Install gravel stops and fascia sections with 1/4" opening between sections. Install 6" cover-plate formed to the profile of the metal. Place sealant approximately 1 inch from the edges of each metal section. Nail the plate through the opening between the sections and loose lock the plate to the exterior wall side to the drip edge. D. Counter-flashing sections shall be lapped a minimum of 2 inches. 3.7 WORKMANSHIP A. Work shall be accurately formed to sizes, shapes and dimensions indicated and _, detailed. B. All angles and lines shall be in true alignment. -~ (~~~~ All work shall be straight, sharp and erected plumb and level in proper plane - ;ir ,~~~~ut l~Aulges or waves. ~ ~ 1~~~ ~_ J :~ ~`,~ - -, ~ r-; __ ~ `~ `~~ ~ 4 SECTION 07600 FLASHING AND SHEET METAL 3.8 REPAIRING _ A. Repair or replace any damaged work due to construction operation with new work. B. Any installation deemed as poor workmanship shall be removed and replaced or _ corrected to satisfaction of Owner and Engineer. 3.9 CLEANING --- A. Leave work clean and free of stains, scraps and debris. B. Any construction materials that are on any new or existing exposed sheet metal shall be removed or the metal removed and replaced. END OF SECTION 07600 5 SECTION 07900 SEALANTS INDEX PART I -GENERAL 1.1 WORK OF THIS SECTION 1.2 REFERENCE 1.3 SUBMITTALS _ 1.4 DELIVERY AND STORAGE 1.5 WARRANTY PART II -PRODUCTS 2.1 MATERIAL PART III -EXECUTION 3.1 APPLICATION PART I -GENERAL 1.1 WORK OF THIS SECTION -- A. Sealants r , rt --- . ; v ;~ ~. . ~_ ,~ :,~;,_ t. `~ J ~ ~; , ~, l ," f'Ji'J/"1 1.2 REFERENCE A. ASTM C920 Standard Specification for Elastomeric Joint Sealants B. ASTM C 1193 Standard Guide for Use of Elastomeric Joint Sealants 1.3 SUBMITTALS A. Samples, if requested by Engineer: 1. Submit samples of full range of colors of each type sealant for selection. B. Product data, if requested by Engineer: 1. Submit manufacturer's descriptive literature for each material. C. Location identification, as requested by Engineer: 1. Submit list of locations for each type of material 1.4 DELIVERY & STORAGE A. Deliver materials to job site in the manufacturer's original containers. Containers shall contain following information 1. Name of supplier and material 2. Specification number or formula, lot number 3. Instructions for mixing, application, curing time and storage 4. Shelf life B. Store and install backer and sealant tape to prevent deformation of the material. SECTION 07900 SEALANTS 1.5 WARRANTY A. Contractor shall provide a two year maintenance warranty on all labor and materials furnished under this specification. The warranty will be delivered to the Owner prior to time of project close out. Warranty work performed during two year period ,__ shall be at no cost to Owner or Engineer. B. Defective work covered by the warranty shall include : ~' 1. Moisture infiltration through sealant _ _ 2. Hardening and cracking of sealant 3. Crumbling, melting or shrinkage of sealant 4. Excess flow or staining of adjacent building components ~- - PART II -PRODUCTS 2.1 MATERIAL -- - A. Polyurethane, One-Component Sealant (typical exterior use for roof related flashing): 1. Sealant shall meet or exceed the requirements of ASTM C920. 2. Approved manufacturers: a. Mameco " Vulkem" b. SONNEBORN "NP 1" ~ _ c. Approved equivalent __ 3. Properties :Withstand movement to 25% extension and 25% compression. Gun-grade, non-sagging ~ - B. Primer : As recommended by sealant manufacturer. C. Color : Submit color selection to Owner and Consultant for verification of color. PART III -EXECUTION _- 3.1 APPLICATION A. General: Follow requirements of ASTM C 1193 1. No sealant shall be applied on damp, wet or frosty surfaces. Apply only when temperature is between 40°F and 80°F. _ 2. Where the possibility of primer or sealant staining of adjacent areas or materials exists, joints shall be masked prior to application. Masking tape shall not be removed before joints have been tooled and initial cure of _ sealant has taken place. Work stained due to failure of proper masking precautions will not be accepted. ~- B. Cleaning: _ _ 1. Painted surfaces: Follow manufacturers recommended cleaning procedures prior to primer or sealant application. "^ 2. Metals, unpainted: _ _ a. Galvanized steel: Clean and degrease with xylene or toluene. C. Back-up Material -~ 1. Verify the compatibility of back-up material with sealant before installation. - 2. Use back-up material ''/z" wider than width of joint so that sufficient pressure is exerted by material to provide substantial resistance to displacement. 2 SECTION 07900 SEALANTS D. E F G. Release Agent 1. Provide release agent or bond-breaker strip in joint to be sealed on top of back-up material to prevent adhesion of sealant to the back-up material per manufacturer's recommendations. Sealant Application: 1. Apply materials in accordance with the manufacturer's recommendations. Take care to produce beads of proper width and depth; to tool as recommended by the manufacturer, and to immediately remove surplus sealant. 2. Apply materials only within manufacturer's specified application life period. If inspection indicates that application life is expired or if the prescribed application period has elapsed, remainder of sealant shall be discarded. 3. On all metal laps, embed laps fully into sealant Sealant applications include but are not limited to the following: 1. Expansion and control joint covers (interior and exterior) 2. Counter flashing joints 3. Joints for metal edge 4. All open joints or holes to seal building from the weather 5. All exposed fasteners. Clean Up :Any adjacent surface to sealant material that is smeared or has excess material on, shall be cleaned by the Contractor at no additional cost to the Owner. END OF SECTION 07900 ~;-, ~--, y,~ ;~ ~-~ ._ __ - - , <., a c -,:, rv -~ ,~ ..,., 3 SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM ~``~,`~~ ,_` 1 .. PART 1 GENERAL `- , ~ ~ _ L 1 SECTION INCLUDES L ~, ,~ ~ ~ r A. Translucent skylights. 7 Lr j +;~ ';',~ _ / r / ~ `rf'~ 1.2 RELATED SECTIONS ,~ _ _ A. Section 06100 -Rough Carpentry B. Section 07600 -Flashing & Sheet Metal C. Section 07900 -Sealants D. Section 077253 -Snow Guards 1.3 REFERENCES __ A. AAMA 603.8 -Pigmented Organic Coatings on Extruded Aluminum. B. AAMA 605.2 -High Performance Organic Coatings on Architectural Aluminum Extrusions and Panels. __ C. AAMA 2603 -Pigmented Organic Coatings on Aluminum Extrusions and Panels. D. AAMA 2605 -Superior Performing Organic Coatings on Aluminum Extrusions and Panels. E. ASCA 96 -Superior Performance of Organic Coatings on Architectural Aluminum Curtainwall, Extrusions and Miscellaneous Aluminum Components. F. ASTM B 209 -Aluminum and Aluminum-Alloy Sheet and Plate. - G. ASTM B 221 -Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes. H. ASTM C 236 -Steady-State Thermal Performance of Building Assemblies by Means of a Guarded Hot Box. I. ASTM C 297 -Tensile Strength of Flat Sandwich Constructions in Flatwise Plane. J. ASTM D 395 -Rubber Property -Compression Set. K. ASTM D 635 -Rate of Burning and/or Extent and Time of Burning of Self-Supporting - Plastics in a Horizontal Position. L. ASTM D 865 -Rubber -Deterioration by Heating in Air (Test Tube Enclosure). M. ASTM D 925 -Rubber Property -Staining of Surfaces (Contact, Migration, and Diffusion). - N. ASTM D 1002 -Apparent Shear Strength of Single-Lap-Joint Adhesively Bonded Metal Specimens by Tension Loading (Metal-To-Metal). O. ASTM D 1037 -Evaluating Properties of Wood-Base Fiber and Particle Panel Materials. - - P. ASTM D 1056 -Flexible Cellular Materials -Sponge or Expanded Rubber. Q. ASTM D 1149 -Rubber Deterioration -Surface Ozone Cracking in a Chamber. R. ASTM D 1435 -Outdoor Weathering of Plastics. -- S. ASTM D 1929 -Ignition Properties of Plastics. T. ASTM D 2244 -Calculation of Color Differences from Instrumentally Measured Color Coordinates. U. ASTM D 3841 -Glass-Fiber-Reinforced Polyester Plastic Panels. V. ASTM E 72 -Conducting Strength Tests of Panels for Building Construction. W. ASTM E 84 -Surface Burning Characteristics of Building Materials. -- X. ASTM E 108 -Fire Tests of Roof Coverings. Y. ASTM E 283 -Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen. SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM Z. ASTM E 330 -Structural Performance of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference. AA. ASTM E 331 -Water Penetration of Exterior Windows, Curtain Walls, and Doors by Uniform Static Air Pressure Difference. BB. NFRC 100 -Determining Fenestration Product Thermal Properties. CC. ICBO Listed FRP Sheet Component (ER 1412) DD. ICBO Listed Translucent Wall, Skylight and Roof Panels (ICBO PFC 5620). EE. ICC ES Legacy Report for Translucent Wall, Skylight and Roof Panels (ICC ES Legacy Report PFC 5620). FF. UL 790 -Fire Resistance of Roof Covering Materials. 1.4 DESIGN REQUIREMENTS A. Framing Components: Extruded aluminum shapes providing geometric appearance as indicated on the drawings. B. Design Loads: Framing components shall be designed to support following loads: 1. Live load of 30 psf plus dead load. 2. Dead Load Plus Wind Load: 30 psf. 3. Alternate Design Loads: Conform to state and local codes. C. Maximum Allowable Deflection of Structural Members: Maximum of L/100 of clear span. D. Safety Factors: Allowable stresses shall incorporate following safety factors, unless otherwise specified. 1. Load Carrying Members: 1.65. 2. Load Carrying Fasteners: 2.0. 1.5 SUBMITTALS A. Comply with Section 01340 -Shop Drawings, Project Data Sheets. B. Product Data: Submit manufacturer's product data, including materials, components, fabrication, finishes, and installation instructions. C. Shop Drawings: Submit manufacturer's shop drawings, including plans, elevations, sections, and details, indicating dimensions, tolerances, profiles, anchorage, connections, fasteners, provisions for expansion and contraction, drainage, flashings, finishes, glazing, and attachments to other Work. D. Samples: Submit manufacturer's 6 inch x 6 inch sample of translucent panel showing panel skin color, panel light transmittance, and aluminum finish. d E. Test Reports: Submit certified test reports from a qualified independent testing agency, ~'r-j~, , indicating skylights comply with specified requirements, based on testing of current ~,,, ,~., _-~~ products. Submit results as requested from the following tests: ~ ~~ "~! t7 ~ 1. Flame spread and smoke development, ASTM E 84. a'~~ ~ '?,"~ Burn extent, ASTM D 635. ~~`~: 9 -~ ~ Color change, ASTM D 2244 in accordance with ASTM D 1435. ~'~'~j''~,. ~`~~~~ 4. Impact strength, exterior face sheets, UL 972. w , `~~'~> 5. Accelerated aging, ASTM D 1037. 6. Bond strength, ASTM C 297. 7. Insulating U-factor, ASTM C 236. 8. Self-ignition, ASTM D 1929. SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM 9. Class A burning brand, ASTM E 108. `~'"~~ ~° ~ ~ ~' ~, 10. Air infiltration, ASTM E 283. ` ~~ ~:~ 11. Water penetration, ASTM E 331. ! ` ~~ ~,, ~~ 12. Uniform load deflection, ASTM E 72 and E 330. iQ~v,~ ~, n - ~ 13. Concentrated and Impact, ASTM E 661. `'~~ ~;` ;;~;"; 14. Certification authorization under the NFRC PCP (Framing and Panel). ~ ~Jf F. Manufacturer's Project References: Submit list of completed projects including project name and location, name of architect, and type and quantity of skylights manufactured. G. Installer's Project References: Submit list of completed projects including project name and location, name of architect, and type and quantity of skylights installed. H. Warranty: Submit manufacturer's standard 5 year warranty. 1.6 QUALITY ASSURANCE A. Manufacturer's Qualifications: 1. Continuously engaged in translucent skylight manufacturing with a minimum of 20 years - - successful experience. 2. Able to demonstrate successful performance on comparable projects. 3. Responsible for all skylight components. 4. Skylight System and the individual FRP sheet components must be listed by the International Conference of Building Officials & International Code Council. 5. Skylight System must be certified by The National Fenestration Ratings Council and - comply with all requirements for certification authorization under the NFRC PCP. B. Installer's Qualifications: 1. Minimum of 5 consecutive years successful experience in installation of similar - skylights. 2. Approved by manufacturer. C. Pre-installation Meeting: Convene apre-installation meeting weeks before start of -" installation of translucent skylights. Require attendance of parties directly affecting work of this section, including Contractor, Engineer, installer, and manufacturer's representative. Review preparation, installation, cleaning, protection, and coordination with other work. 1.7 DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying product name, manufacturer, and location of installation. B. Storage: Store materials in a clean, dry area in accordance with manufacturer's instructions. Store panels above floor, and under cover. C. Handling: Protect materials and finishes from marking, contamination, and damage during handling and installation. PART 2 PRODUCTS 2.1 MANUFACTURER A. Major Industries, Inc., PO Box 306, 7120 Stewart Avenue, Wausau, Wisconsin 54402- 0306. Toll Free (888) 759-2678. Phone (715) 842-4616. Fax (715) 848-3336. SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM 2.2 .- c.-- ~-~`. ~~. `~~'"; . ~- .~~ - TRANSLUCENT SKYLIGHTS A. Translucent Panel Units: 1. Model: Guardian 275®Translucent Skylight Panels. 2. Construction: Translucent facings of ICBO Listed/ICC ES Reported architectural-grade fiberglass reinforced polymer sheets bonded under controlled heat and pressure to a mechanically-interlocked aluminum I-beam grid core framework to form double-faced, self-supporting, structural composite, sandwich panels. 3. Thickness: 2-3/4 inches. 4. Overall Dimensions: As noted on plans 5. Insulating U-Factor, ASTM C 236 and AAMA 1503.1, 2 mph:- 0.24. 6. Grid Pattern: In-line Shoji. Symmetrical about horizontal and vertical center lines of panel. 7. Nominal Grid Size: 8 inches x 20 inches 8. Unbonded Areas: Maximum of 4 unbonded areas, a maximum of 3/64 inch in diameter, in an area a maximum of 40 square feet of panel surface. 9. Panel Weeps: Weep holes on down slope side of installed panels to permit condensation to leave panel interior. 10. Panel Corners: Notch and interlock or reinforce with aluminum angle for radius conditions. rt 11. Assembly: Factory assembled and factory sealed when allowable. Field assembly of `~~ major components will not be allowed. B.``-,~'' physical Properties: ~'~ ~. Burning Brand, ASTM E 108: Class A rating. ~ ' _~2' Aged Adhesive Bond Strength, ASTM D 1037: ' t , ~="~ a. Shear Strength, ASTM D 1002: 1212 psi. ~~~ -~' 0 b. Tensile Strength, ASTM C 297: 914 psi. G -~ 3. ~ Uniform Load Deflection, ASTM E 72 and E 330: Maximum deflection of L/100. `~~' 4. Concentrated and Impact, ASTM E 661. 5. Air Infiltration Through Fixed Panel System and Perimeter Framing, ASTM E 283: 0.04 cfm/ft of panel perimeter at 15 psf air pressure (77 mph constant wind). 6. Water Penetration Through Fixed Panel System and Perimeter Framing, ASTM E 331: No leakage when water is applied to entire panel surface at rate of 5 gal/hr/sq ft for 15 minutes (8 inch per hour rainfall) at 15 psf air pressure (77 mph constant wind). C. I-Beam Grid Core: 1. Material: Aluminum Alloy 6061-T6 or equivalent. 2. Flange Width: 7/16 inch minimum. 3. Web Thickness: 0.050 inch. 4. Mechanically interlocked. 5. Full surface contact with face sheets. 6. Welded or web interlock grid system will not be acceptable. 7. Thermal Break (Optional): a. Located in panel grid core. b. Poured and debridged structural polyurethane, insulating U-Factor of 0.5. 4 SECTION 08952 __ INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM D. Adhesive: 1. Laminate Adhesive: Waterproof resin for use in laminating polyester sheet to aluminum grid core. 2. Impact and Thermal Shock: Adhesive capable of withstanding impact and thermal shock normally encountered in exterior construction. 3. Adhesive Bond Line: Straight, black, cover entire width of I-beam, with neat, sharp edge. 4. Initial Bond Strength Between Face Sheet and Grid Core, ASTM C 297: 557 psi minimum. 5. After Accelerated Aging, ASTM D 1037: No significant change in bond strength, ASTM C 297. E. Standard Skylights: 1. Model: Guardian 275®and Guardian 275® Generic TranslucentTM Skylight Panel System. 2. Thickness: 2-3/4 inches. 3. Skylight Design Live Load: 30 psf. 4. Skylight Design Wind Load: 30 psf. 5. Panel Width: 4 feet. 6. Panel Span: 8'-0" maximum. Adjust span to match within replacement area. 2.3 TRANSLUCENT FACE SHEETS A. Appearance of Face Sheets: 1. Uniform in color to prevent splotchy appearance. 2. Free of ridges and wrinkles that prevent proper surface contact for bonding to grid core. 3. Free of clusters of air bubbles and pinholes that collect moisture and dirt. 4. ICBO listed face sheet (ER 1412). B. Exterior Face Sheet: 1. Darkening, ASTM D 2244: Not darken more than 3.0 Delta E units after 5 years of " _ outdoor weathering in South Florida at 45 degrees facing south. 2. Protective Weathering Surface: a. Material: "State-of--the-art" surface protection. -- b. Application: Factory-applied. c. Minimum Thickness: 1.0 mil. d. Repairs: Fully field repairable. 3. Impact Strength, UL 972: 60 foot-pounds. ~=-' `- .x_ :_, ~. 4. Thickness: 0.070 inches - , 5. Color: Antique Crystal ,~--; , --'-- - _. `, ~_ i C. Interior Face Sheet: ` j -j ~ -- 1. Flame Spread, ASTM E 84: 20 maximum. ~~:> - . ~ `'"" -- ~} , , 2. Smoke Development, ASTM E 84: 150 maximum. y 3. Burn Rate, ASTM D 635: 1.0 inch per minute maximum. `~' __ 4. Self-Ignition, ASTM D 1929: Greater than 650 degrees F. 5 SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM 5. Thickness: 0.045 inches 6. Color: Antique Crystal. 2.4 FRAMING MATERIALS A. Aluminum: 1. Extruded Aluminum: ASTM B 221, Alloy 6063-TS/T6, 6061-TS/T6, or equivalent. 2. Formed Aluminum Components and Flashing: ASTM B 209, Alloy 5005-H34 or equivalent. 3. Minimum Thickness: 0.040 inch. 4. Construct skylights of extruded aluminum shapes similar to sections indicated on the drawings. B. Interior Glazing Gaskets: 1. Extruded closed cell sponge neoprene hybrid, 9/16 inch wide. 2. Factory installed in extruded dovetail slots. 3. Compression Deflection, 25 Percent Deflection Limits, ASTM D 1056: 13 to 24 psi. ~ 4. Compression Set, 22 Hours at 158 Degrees F, Maximum Percent, ASTM D 395, ' ~ Method B: 30 psi. ' 5. Heat Aging, 70 Hours at 212 Degrees F, Change in Compression Values, •; ~, ~. ASTM D 865 and D 1056: 0 to 10 psi. ''~~ ~ 6. Dimensional Stability, Change Maximum Percent After Heat Aging 70 Hours .' cr , t~ ~r``~ -Y- ,,~-~-. ~.`~ ~~ .fl at 212 Degrees F, 4 psi: 11.4 percent. ~ :,.- ,~_ ;- ;~ :~ 7. Ozone Resistance at 40 Percent Elongation, 100 Hours at 104 Degrees F, ~%~ ~ ASTM D 1149: a. Type I, 1 Ppm Ozone: No cracks. j`~ b. Type II, 3 Ppm Ozone: No cracks. 8. Water Absorption, Percent of Weight : 5.0 percent. 9. Flame Propagation: No Limit: 11.8 percent. 10. Straining of Surface, ASTM D 925: Nonstraining, no migratory strain. C. Exterior Glazing Gaskets: Butyl tape with integral polypropylene backer rod, factory installed. D. Condensation Control System: Mechanically design entire condensation control system to function properly with minimal dependency upon sealants and accomplished by use of an integral gutter system on all framing members, including rafters. E. Custom Designs: 1. Perform fitting and assembly of custom designs at factory, insofar as practicable. 2. Completely assemble, mark, and disassemble components which cannot be permanently factory assembled, before delivery to site to ensure proper assembly in field. F. Expansion and Contraction: Design and install components with provisions for expansion and contraction due to a 100 degree F temperature variation. 6 SECTION 08952 _ _ INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM G. Glazing Caps: __ 1. Extruded aluminum. 2. Attach glazing caps with glazing cap fasteners located at a maximum of 9 inches on center or as required to resist negative loading. H. Fasteners: ~;% 1. Clips for Attachment of Rafter Bars: `=' .%'`. a. Aluminum. ' ~ ~_'~-, ___ b. Attach using bolted fastening methods. U „~. ~ ~_ ~-.' \~, 2. Construction and Glazing Cap Fasteners: C~~ ; - v~ . ` ~ ~ a. 18-8 stainless steel. f - b. Include gasketed sealing washers. " M~ ` ; r' 3. Field Anchors: Cadmium plated, unless otherwise specified. `~:,'~ 4. Exposed Fasteners: Finish to match aluminum. ~"' - I. Welding: 1. Heliarc welding process. 2. Grind exposed welds smooth and finish to match adjacent surfaces. - - J. Weep Holes in Sill Components: Located as required to control condensation that may enter system by allowing it to pass to exterior. 2.5 ALUMINUM FINISHES A. Anodized Coating: Architectural Class I clear anodized, Type AA-MlOC22A41. PART 3 EXECUTION 3.1 EXAMINATION A. Examine areas to receive translucent skylights, with installer and manufacturer's representative present, including supporting structure and substrate for dimensions, tolerances, material conditions, and support. B. Notify Engineer of conditions that would adversely affect installation or subsequent ~" utilization of skylights. Do not proceed with installation until unsatisfactory conditions are corrected. 3.2 PREPARATION A. Supports: Ensure supports to receive translucent skylights are clean, flat, level, plumb, and square. B. Aluminum Protection: Apply a protective coating of bituminous paint or other neutral material to dissimilar materials coming in contact with aluminum or separate with a nonabsorbent isolator. 3.3 INSTALLATION _ A. Install translucent skylights in accordance with manufacturer's instructions at locations indicated on the drawings. B. Install skylights level, plumb, square, accurately aligned, correctly located, and without __ warp or rack. C. Anchor skylights securely in place to supports. Use attachment methods permitting adjustment for construction tolerances, irregularities, alignment, and expansion and contraction. __ 7 SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM D. Install skylights including flashings, fasteners, hardware, sealants, and glazing materials required for a complete, weatherproof installation. E. Sheet Metal Flashing: Install sheet metal flashing at skylight perimeter as specified in Section 07600. F. Sealants: Install sealants at sill flashing and perimeter framing as required to prevent air and water intrusion as specified in Section 07900. G. Repair damages to protective weathering surface of exterior face sheet in accordance with manufacturer's instructions and as approved by Architect. 3.4 CLEANING A. Clean skylights in accordance with manufacturer's instructions. B. Clean skylights inside and outside, including member connections and inside corners, immediately after installation and after sealants have cured. -" C. Remove temporary protective coverings and strippable coatings from prefinished metal - surfaces. D. Remove labels and part number markings from components. ..__ E. Remove excess sealant in accordance with sealant manufacturer's instructions. -- F. Do not use harsh cleaning materials and methods that would damage metal finishes or glazing. 3.5 PROTECTION A. Protect skylights in accordance with manufacturer's instructions. B. Maintain protection to ensure that, except for normal weathering, skylights will be without -~ damage or deterioration at time of substantial completion. `. C. Remove and replace skylight panels that are broken, chipped, cracked, abraded, or damaged. - END OF SECTION 08952 ~~~~~ ~ L r -. ~ I~r ~~ O~ .~. ~._. r ~~ ~~ SECTION 077253 SNOW GUARDS PART 1 -GENERAL -- 1.1 SUMMARY A. WORK INCLUDES 1. #445 Snowguard as manufactured by Alpine Snowguards as - - manufactured by Vermont Slate & Copper Services, Inc. that attaches directly to the roof deck. 2. Provide appropriate Snowguard and fasteners for the roof system. --- B. RELATED SECTIONS ~ ti~~=~ :=' i%'\ 1. Section 07600: Flashing and Sheet Metal ~.. ~ . 2. Section 08952: Insulated Translucent Fiber lase.. ; - Sandwich Panel Roof System g ~~, ~' `_ ~ 6' ~ ``~\' ,.•v. 1 C•. .; :, _ 1.2 SYSTEM DESCRIPTION ~ ~' ~ `~ ~ s r? A. COMPONENTS: ~,w ~~, ` ~" 1. #445 Snowguard system consists of a snowguard bracket. `y, `~ _ 2. Aluminum tubing. 3. Threaded Couplings. 4. End Caps _ 5. Fasteners a. To be of metal compatible with snowguards. b. Fasteners should be selected for compatibility with the roof __ deck. c. Fastener strength should exceed or be equal to that of the Snowguard system. _ B. DESIGN REQUIREMENTS: 1. Spacing - 4 feet. 2. A minimum of 2 fasteners per snowguard. 1.3 SUBMITTAL A. Submit manufacturer's specifications, standard detail drawings, _ recommended layout and installation instructions. 1.4 QUALITY ASSURANCE A. Installer to be experienced in the installation of specified roofing material for not less than 5 years in the area of the project. 1.5 DELIVERY /STORAGE /HANDLING A. Inspect material upon delivery and order replacements for any missing or defective items. Keep materials dry, covered and off the ground until installed. PART2-PRODUCTS 2.1 MANUFACTURER - A. Alpine SnowGuards. A division of Vermont Slate & Copper Services Inc., P.O. Box 430, Stowe, VT (888) 766-4273. SECTION 077253 SNOW GUARDS 2.2 MATERIALS A. Snowguard Block and Flag are extruded and milled 6061-T6 Aluminum B. Tubing is 6061-T6 and/ or 6005-T5, 1" outside diameter and 1/8" wall thickness extruded Aluminum. C. Threaded Couplings are 6061-T6 Aluminum 5" long. D. End Caps are 302 stainless steel. E. Fasteners are 18-8 Stainless Steel. 2.3 FINISH A. All materials provided mill finish. PART 3 -EXECUTION 3.1 EXAMINATION A. Substrate: Inspect roof system to be properly attached and installed to withstand additional loading incurred. Notify Prime Contractor and Consultant of any deficiencies before installing Alpine SnowGuards. 3.2 INSTALLATION A. Comply with drawings for location and with Manufacturer's instructions for installation and layout. END OF SECTION 077253 ~, ~~f ~'~'/ . % ~„- °~ - ~ " C; .. 4,, C O r~ / ~ ~~ w7 f~~~'~ Q ~y.'.~.%~-. _M ~~' ~" ~I~~t otr~c~ ~o ~i~nc~ Pao ram CITY OF IOWA CITY SECTION I - G1~NERAL ~I~ICY STATEMENT It is the policy of the City of Ie r to ~ equsl ~~yment oppardnaity in all City contract woclc. This policy prditbits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking empk>ymaxtt with .them and tluir empkaes<are treated +equalty wilhar~t regard ~ race, cols.. Dread, reUgion, ta~ional origin, . _ sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that .all citizens .will be:atforded equal. accxssibility and- oppoxttutity to gain and maintain . e~oycnent. PROVISIONS: t. Alt contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of die contract. " "" 2. All City contractors, vendors, and consuhants with contracts of 5'25,000 or more (or less if required by another governmental agency) .must abide by the roqu of .the City's .Contract Compliance Program. Emergency cx»stracts maybe exempt from this. provers at die discretiwn of the City. Regardless of the value of tear contract, all contractors, vendors, and ~nsuhants are subject to the City's Human Vie, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consuhants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the ' to reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. _ 4. Prior to execution of the contract, the completed and signal Assurance of Compliance (located on pages CC-2 and CC-3) or other required material must be received and approved by the City. 5. Contracting. departments are rE:spansible for.answering questions about contractor, .consultant and vendor "` compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or desig~tions which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protects classes are listed at Iowa City CityCode section 2-3-1. N ~~ O - ~~ ~ ~ ~ `.: `x' ' ~ 1 ~ ;~' r ~J ' v ?> ~' 0 CC-1 SECTION II -ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor" shall include consultants and vendors.) a. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et sec .) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. ~ ~ ''~~~~ C, ,~~ ~a,., - ~~ .y ~, ;,~~,~ J cc-2 6. How does your business currently inform applicants, employees, and recruihnent sources (including unions) that you are an Equal Employment Opportunity empioyer? The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Signature Print Name Phone Number Title Date r-% _. r, ..-- ~ _.... Y _,. ~3 ~, . C~~ ---~ .~ :; _ t t -c~ .- --~ -_. ~ t ~- ^-- ~.-- -- fir, ~ T'' G: CC-3 SECTION III -SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES COMPANY POLICY Determine your company's policy regazding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regazd to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCT STAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or dischazge employees or aze involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of--mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews cazefully. Prepare interview questions in advance to assure that they aze only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non-biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. ''' ~!~ L/ ~! vi ~'~ ,: i f1 - ..i _, I l ` ,. ^ 7 .. CC-4 0 0 J 0 ~ r ~' = ~'~~ ,. crty of ~C Attached for your information is a copy of Section 2 - 3 -1 of the Iowa City Code of Ordinances which prohibits certain discriminatory practices in employment. Please note that the protected characteristics include some not mandated for protection by Federal or State law. As a contractor, consultant or vendor doing business with the City of Iowa City you are required to abide by the provisions of the local ordinance in conjunction with your performance under a contract with the City. CU ~~ ~ .._ 1 ~ ~ ~ .____. .~ `-, ; - ;~r~ CTS e Tl r . :-' -.e, _, ~ N t..r1 CC-5 2-3-1 CHAPTER 3 2-3-1 DISCRIMINATORY PRACTICES SECTION: 2-3-1: Employment; Exceptions 2-3-2: Public Accommodation; Exceptions 2-3-3: Credit Transactions; Exceptions 2-3-4: Education 2-3.5: Aiding Or Abetting; Retaliation; IntlmidaUon 2-3-1: EMPLOYMENT; EXCEPTIONS: A. It shall be unlawful for any employer to refuse to hire, accept, register, classify, upgrade or refer for employ- ment, or to otherwise discriminate in employment against any other person or to discharge any employee be- cause of age, color. creed, disability, gender identfty, marital status, nation- al origin, race, religion, sex or sexual orientation. B. It shall be unlawful for any labor orga- nization to refuse to admit to member- ship, apprenticeship or training an applicant, to expel any member, or to otherwise discriminate against any applicant for membership, apprentice- ship or training or any member in the privileges, rights or benefits of such membership, apprenticeship or train- ing because of age, color, creed, disability, gender identity, marital status, national origtn, race, religion, sex or sexual orientation of such ap- plicant or member. Ne,A~. ~ ~ + ~i ~' .. y A .. ~ ~~ /r., v ~ y f~, ti ~F ,~~ C. It shall be unlawful for any employer, employment agency, labor organiza- tion or the employees or members thereof. to directly or indirectly adver- tise or in any other manner indicate or publicize that individuals are unwel- come, objectionable or not solicited for employment Ql membershfp be- cause of age, color, creed, disability, gender identity, marital status, nation- al origin, race, religion, sex or sexual orientation. (Ord. 85-3697, 11-7-1895} O. Employment policies relating to preg- nancy and childbirth shall be governed by the following: 1. A written or unwritten employment policy or practice which excludes from employment applicants or employees because of the employee's pregnancy is a prima facie violation of this Title. 2. Disabilities caused or contributed to by the employee's pregnancy, miscar- riage, childbirth and recovery there- from are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available In connection with employment or any written or unwrit- ten employment polities and practices involving terms and conditions of employment as applied to other tem- porary disabilities. E. It shall be unlawful for any person to solicit or require as a condition of employment of any employee or pro- Iowa City CC-6 897 J J 2-3-1 spective employee a test for th+a pr®s- ence of the antibody to the human immunodeficiency virus. An agree- ment between an employer, employ- ment agency. labor organization or their employees, agents or members and an employee or prospective em- ployee concerning employment, pay or benefits to an employee or pro- spective employee in return for taking a test for the presence of the antibody to the human immunodeficiency virus, is prohibited. The prohibitions of this subsection do not apply N the State epidemiologist determines and the Director of Public Health declares through the uttlizatlon of gukfelines established by the Center for Disease Control of the United States Depart- ment of Health and Humgn Services, that a person with a condition rela#ed to acquired Immune deficiency syn- drome poses a significant risk of transmission of the human immunode- ficiency virus to other persons in a specific occupation. F. The following are exempted from the provisions of this Section: 1. Any bona fide religious institution or its educational facility, association, corporation or society with respect to any qualifications for employment based on religion when such qualifica- tions are related to a bona fide reli- gious purpose. A religious qua~ifica- tion for instructional personnel or an administrative officer, serving in a supervisory capacity of a bona fide religious educational facility or reli- gious lnstitutlon shall be presumed to be a bona fide occupational qualifica- tion. (Ord. 94-3647. t 1-8-1994) 897 2-3-1 2. An employer or employment agency which chooses to offer employment or advertise for employment to only the disabled or elderly. Any such employ- ment or offer of employment shall not discriminate among the disabled or elderly on the basis of age, color, creed, disability, gender identity, mari- tal status, national origin, race, re~i- gion, sex or sexual orientation. (Ord. 95-3697, 11-7-1995) 3. The employment of individuals for work within the home of the employer N the employer or members of the family reside therein during such em- ployment. 4. The employmen! of individuals to render personal service to the person of the employer or members of the employer's family. 5. To employ on the basis of sex in those certain instances where sex is a bona fide occupational qualification reasonably necessary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shall be interpreted nar- rowly. 6. A State or Federal program de- signed to benefit a specific age classi- fication which serves a bona fide pub- lic purpose. 7. To employ on the basis of disability in those c.~ertain instances where pres- ence of disabiltty is a bona fide occu- patlonai qualification reasonably nec- essary to the normal operation of a particular business or enterprise. The bona fide occupational qualification shaft be interpreted narrowly. 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'" ~ ~ ~ 8 ~ (COVER SHEET coralville, iowa - 319-338-4939 0 Jun 06, 2007 T: 07101 MERCER POOL ROOF PLAN ROOF 00 :r:.... :r: rTI, ~, t;1Q) . ~E 0 ~~ FROM WORK POINT TO TOP OF CURB f;i~ ;!;E zi: Ci), >~J (') 0 ~ :::000 Z rTI~ C 0 ~~ -c 0000 0 "'000 Era c.. ~~ 00 ;oi: -<s;: (J)Z ~:f ~{lp 0 / EB 1::2 ~~ / c ;!~ ~m / (fJ ~ ~~ / ' - C5 GJ / =1 0 / ~ 0 cp ~ C' / (fJ ~ -t 6 1) ~ rTI ~ / (') c B/ ;0 CD ~ d o / )J i/ (') rr1 11/ 0 "TJ ~ / F / / ~ / I ~ / ~ ~ / kI / ~ "'1 ~(')"'O C:::O ;orTI :r: ~ ::!l - Z ZrTI- Ci)8~ 1" rTIl:) ,----------------l ~ I I EB I I m I ~ I ~ z 0 !l ~ m I rr1 I ::D F ~ 0 0 0 "'0 ~ 2 I I: !l! I ;:= l"l Z r- I 0 <;) I i: 0 rTI i: Z I (J) ~ I (5 00 Z 0 ..... ~> I z - I - ..... ..... ~ I '" I 0) . ...., .... I I I I I qJ "'0 I 01 00 1:.... ~ I - 0) :I:.... I (J)Ul ~~ i: 0 CD I~ . ~ I > 15E ;0 f;il: :I: I , Z I <;) I I L________________J , , r ~ rMERCER PARK AQUA TIC CENTER ROOF REPLACEMENT 2007 ~ Q . . . 0 0 g ~ )> VJ engineering ~ ...... '-.J m Ol (/) 0 < ~ ...... Q (j) ~ JOWA CITY, IOWA 0... CJ 0 G:l 2570 holiday road 0 Q ~ ::z:: () (j) r- < .., Q ~ ~ Ol -- (/) .~ :J 0 0 '-..... <D .., -l m ~ ~ 0 :J (j) 0 :{ rrl coralville, iowa 319-338-4939 0 -......J ~ CJ ~ (COVER SHEET ) - ~ "- NOTICE TO BIDDERS MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:00 A.M. on the 16T" day of July, 2007. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council aYits next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M-on the 24~' day of July, 2007, or at a special meeting called for that purpose: The Project will involve the following: Removing the existing roof membrane and replacing with a new roof membrane on the existing aquatic facility at 2701 Bradford Drive, Iowa City. All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in'the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Dater August 1, 2007 Completion Date: November 16, 2007 Liquidated Damages: $250.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of VJ Engineering, Coralville, Iowa, by bona fide bidders. VJ Engineering may be contacted at (319) 338-4939. A $30.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to VJ Engineering. Prospective bidders are advised that .the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. 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. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK pwengtnotice to biddersVnercer n~of.doc ~~, 1'1'x, _ 6 Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 07-179 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the healing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the City. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 16th day of July, 2007. At that time, the bids will be opened and announced by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 24th day of July, 2007, or at a special meeting called for that purpose. Passed and approved this 19th day of June , 20 07 MAYOR Approved by ATTEST: ~~ Gii~~G CI ERK City Attorney's Office ~~~~/o ~ Resolution No. Page 2 07-179 It was moved by n'Donnel l and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia ~ Elliott _ x O'Donnell x Vanderhoef x Wilburn I „ Printer's Fee $ '~ ~., ~ } _ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I ! V 1 c.(c~ ( ~uc- ~.E.YL f D' ecicka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s) ~ ~~ ~J~ ~ 1 Legal Clerk Subscribed and sworn to before me this lei ~`~ day o A.D. 20 f) Co0Mf11Mbf1 IitM~tbr 732619 ~v01tM1~faa(ion Fires .IIi1MMry 27, 2006 OFFICIAL PUBLICATION NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR MERCER PARK AQUATIC CEN- TER ROOF REPLACEMENT 2007 PRO- JECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Counal of the City of Iowa City, Iowa, will conduct a public hearing on plans, speci- fications, form of contract and estimated cost for the construction of the Mercer Park Aquatic Center Roof Replacement 2007 Project in said City at 7:00 p.m. on the 19th day of June, 2007, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or 'rf said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of con- tract and estimated rest are now on file in the office of the City Gerk in City Hall in Iowa City, Iowa, and maybe inspected by any interested persons. Any interested persons may appear at said meeting of the Cily Counal for the purpose of making objections to and comments conceming said plans, specffi- cations, contract or the cost of making said improvement. This notice is given by order of the City Council of the city of Iowa city, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK 64449 June 12, 2007 Printer's Fee $ ~ 9 ~ d Co CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN FED. ID # 42-0330670 I, ~ ic,~-c ec>tcka, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ~ ,time(s), on the following date(s): S Legal Clerk Subscribed and sworn to before me this ~-S'~'~ day A.D. 20 O ~-- ~~U}L i~pY~ Notary Public ~., `. 'p`s~ C. .,"fit t.•~.".',"~1 ~f.°.'si~1~e ~ rJ i r .^S rr dr_ ._ ~FICIAL __ UBLICATfON - PiOT1CE TO 81QpERS 1 MERCEiI PAiiK AQUATIC CENTER -ROOF REPLACEMENT PROJEt3T -t?FMbd proposals, trill be received by 'tl-a''~IY Clerk of the City of Iowa City, ;;A6iMa; before 10:00 A.M: on Cie 187)',1 flay . ol;~ ,'2047. Sealed proporsals. be openeC Immedratety thereafter by tfia City Engineer or designee. `Bids sutxnttted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals received after this deadline will be returned to the bidder.unopened.'Pro- posals will be' seed upon by the City Council at its next regular meeting to be held in the Emma J. Harvat Hall at 7:04 PfJl:on the $4th daY otJey, X07, or at a speCr~1 meeting called for that purpose. 'fh@ Project will tnvoNe Uie fotiowing: faemoving the existing roof rtlACtltuane acrd replacing wdh-anew roof,mer-rbrane On the existing aquatic facility at 2701 gredlordDrive,iowaCity. ~`' All work is to be done in strict compliulce vVith the plans and specHications-.pre- pared by VJ Engineering, of Corak0le, tows, which have 'hereto-fore beAri approved by the City Council, and. an an file for public examination in the Office of the irity Clerk. FraCh proposal shall be completed en a fortn,fumished by tfre City acid must be 1~boifrpanied jn a sealed envglops: ~e fCgm the one containing the propas- at,`by d'.bid bond e~tecuted by a obrpottt- 11on eiuthonzed to contract as a suroty fn the State of Iowa, in the sum of 1 of the bid. The bid security shall be made payable to the 1 FiEASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeked to the City of Iowa City in 'the event the successful. bidder f@ils to enter Into a contract within ten (10j calendar post frond satisfa ring 1he,taithful pert, of ~aQ $rid'~naffderrarld~i".,~~i, `~tid of requyed, pursuant ~ `ptovl- ``~~f this rictice andtt~ otf~Drt~lct dpCUmerris.;Bid bonds of the lowest two or more bidders may be retained for a period of not. to exceed fifteen (15j)_Palen- d~r days until a contract is awaf~Y`ed or until rejedicn` is made. Other. bid bonds YY1M lie returned attar the canvass and tats elation of bids. is completed and reported to the City Council. ,Y , tut bidder wip be req~red to cunt ~) ~ , fQ.tie issued by li~~', n- '~ Il~o~ad bythe C+l~' 1, and tffral t me pro^+Pt payment of ei nlaterttlls Anil labor, and at>;9 Protect and rswb harmless the ~' from all claMr~ ~. pf.ny Idnd caused direQUy W ~ by ~t operation Of the contract, 8rtd shall also guarantee the maintenance. of the improvement for a pe6od of two.(2) yeai(s) from and after Rs eoippietiori and format acceptance by the City The, tolbwing Iimftations shall apply to tiisPrc~ed:; , `Speclfietl$fart Date: Augu?st 1,P009 Completloh Date: Novembeh18,2b07 Liquidated Damages; $250.00 per day The plans, spec'rficatlons and proposed contract documents may be examMed at 'the office cf the City Clerk. Copies of tall plans and spec'rficatidns and form Of pro- '~ posal blanks may be secured at the O(ftoe of VJ Engineerng, 6oraMlle, Iowa, by bona fide bidders. VJ Er~ineenng maybe ~ contacted at (319) 338-4939. ~ A 530.110 Wort-refundable fee is required ^for each sat of plans and epecificattons ~ provided ~ bidders or ether Interested persons. The fee shay be in the form of a >f ctreck, remade PaY~ to VJ Errsjlneenng. Prospective bidders ua advised that the City Of tdwa Cily desires bD employ minor- ity contractors and suboorrNactors on City r' P B~idtders shall list on the .Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. 17-is Net shall include the type of work and approz- imate subcontract amount(s). - The Contractor awarded the contract shall submit a list on the Fwm of Agreement of the' proposed subcontrac- tors, together with quarrGties, unit prices and extended dollar amounts. M no minor- ity business enteryrises (MBE). are ufi- lized, the. Contractor shall furnish doce- mentation' of all reasohable, goad fafth efforts to rgoruit MBE's. A listing ofi .minority contractors .can be .attained tram the Iowa .Department of Egonomic Development at,(515) 242- #721; By virtue of statutory authorih, pref- rsrence will be given to prbducts'and pro- visions ;grown and coal produced within fire 31ate'of Iowa, and to Iowa domestic hibor, to the extent leiwfuly regulfed urMer Iowa Statutes. The, Iowa '#ieclpra~Cal Prelarerxe Act apps ;to the aontraa wfih respect to bidders,who are trot k>Mra residents. The City reserves, nght to reject any or ~ proposals, reserves the to waive techtti~itles artd irr8pu-Iar- Pubitshed upon order of the City Courxil of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 64466 June 21,2007 TRANSMITTAL LETTER -o<as.. CITY OF IOWA CITY 410 E. Washington Street Iowa City, IA 52240 PROJECT: Mercer Park Aquatic Center Roof Replacement Project TO: Mr. Darrell Smith Van Winkle- Jacob Engineering 2570 Holiday Road Coralville, IA 52241 ATTN: Mr. Darrell Smith WE TRANSMIT: (x) herewith ( )under separate cover via ( ) in accordance with your request FOR YOUR: ( )approval ( )review & comment ( )use THE FOLLOWING: ()drawings ( )specifications ( )change order Transmittal Date: July 3, 2007 Contract Date: February 26th, 06 consultant agr. Resolution No.: n/a ( )distribution to parties (x) record ( )other ( )shop drawing prints ( )field instructions ( )shop drawing reproducibles ()agreement (X) product literature/samples ()other COPIES DATE DESCRIPTION 1 July 3, 2007 For the Mercer Park Aquatic Center Roof Replacement Project - Two product submittals for consideration for the project by vendors Remarks: Enclosed is are two product submittals for the Mercer Park Aquatic Center Roof Replacement Project: 1. CPI daylighting for skylights and wall lights [sent to the City Clerk's Office] 2. EverGuard from GAF Materials Corp. for the Roofing system [Sent to City addressed to me via fax] Please review both products and respond to the appropriate contact. Kumi O ~~ ~= ~" rte- ~ Copies To: Copies of this transmittal via a-mail: ~--~ ~ to [--- Recreation Center D Terry Trueblood, ~ ~ ~ ~ .`~ t Mike Moran, Recreation Center ~'` ~ - Steve Roberts, Recreation Center ~ ~ Marian Karr, City Clerk's Office ~roka(c~mchsi.com ~ mvaughan@gaf.com ~ (x) information (.)signature & return S:\Ena\ARCHITECTURE FILE\Proiects\Mercer Pool Roofltransmittal Mercer Pool Roof- completed agreement.doc Page 1 of 1 Marian Karr From: Darrell Smith [dsmith@vjengineering.com] Sent: Thursday, July 12, 2007 2:14 PM To: Chris Scherf; Dave Holverson; Dick Schulz; Illowa Builders; Kathy Oldenberg; Kumi Morris; Lincoln Builders Bureau; Lonnie Carolan; Marian Karr; Nick parenza; Omaha Builders Exchange; Spec-Pro; Steve Roberts; TONY TITUS Cc: Front Desk Subject: Mercer Aquatic Center roof -ADDENDUM Attachments: Addendum #1 mercer.pdf; SECTION 08952 -Kal-wall.doc; bidform -bon d.pdf; ADD#1- sheet 2 - 11X17.pdf; ADD#1 -tapered C& E.pdf; snow guard-KalWall.pdf Attached is addendum for project -hard copies will be placed in mail use yellow forms for bid submitall . NOTE; revised letting date and time in Addendum- July 17 at 2:00 PM Darrell L. Smith, PE VJ Engineering PH; 319-447-2222 _ O N o o ~. Ty = :; r `~ ~~ ~ ~ ~ 7/12/2007 ADDENDUM NO. 1 CITY OF IOWA CITY MERCER PARK AQUATIC CENTER ROOF REPLACEMENT-2007 Project Title JULY 17, 2007 2:00 PM Letting Date (NOTE NEW DATE & TIME) TO ALI, HOLDERS OF DRAWINGS AND PROJECT MANUAL: This addendum is issued to incorporate the following changes in the drawings and project manual. For bids to be considered, this addendum must be acknowledged by so indicating on the Form of Bid. Bidders shall make the following corrections or additions to the bidding documents. These items shall supersede, modify, and/or change all statements or drawings to the contrary in the drawings and project manual and shall take precedence over these documents. Bidders shall base their bid on the drawings and project manual and as modified by the changes herein stated. 1. PROJECT MANUAL A. NOTICE TO BIDDERS 1. Revise first sentence to say "Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2.00 P.M. on the 17'n day of July, 2007" B. INSTRUCTIONS TO BIDDERS 1. Paragraph 2.4. Revise as follows: "Bids will be received by the City Clerk at the City Hall on Tuesday, July 17th, 2007 before 2:00 P.M. 2. Add following paragraph 2.21 2.21 SALES & USE TAX Items included in the Project are exempt from State of Iowa and Local Option Sales and Use Taxes. Contractor is responsible for obtaining the exemption on items included, as provided by law, or for applying for reimbursement for such taxes paid. Sales and Use taxes shall. not be included in the Bid. For more information on this exemption and items that are non-exempt, please check the State of Iowa's website: www.state.ia.us/tax/business/Contr-ExEnt-Index.html. The City can provide forms for suppliers. C. BID FORM & BID BOND Use the attached bid form and bid bond (if this bid bond form used for submitta~, O ° D. SECTION 01010, Paragraph 1.7.B ~ ~ ~- Provide MSDS sheets on all materia~t~d o~~•- ra h ll i Add f 1 -1-, . ng parag p ow o . the project for submittal to Owner. ~ ~ N i-=-- ~7 ~ ~J Cst ADDENDUM NO. 1 E. SECTION 07220, Paragraph 1.3.C. Add following: "Levels Cand E -ALTERNATE BII~ Remove all existing insulation. Install new 1.5 pcf EPS insulation withl/8" per foot tapered slope per attached drawing. Insulation thickness starting at 2 feet from drains shall be 3" thick. Install in insulation adhesive. Install new''/s" high-density fiberboard over entire roof in insulation adhesive. F. SECTION 07531 1. Add Paragraph 2.l.A.m m. ALTERNATE BID -Use EPDM manufacturer's water based bonding adhesive in lieu of solvent based adhesive for entire roofing project. 2. Add Paragraph 2.1.C C. Walkway Pad 1. Acceptable Manufacturer a. Manufacturer of EPDM material b. Minimum size - 4' x 4' 3. Add Paragraph 3.9 3.9 ROOF WALKWAY INSTALLATION A. Lay out walkway pads ~n 1. Install walkway pads as shown on drawing. Lay out _a- ,~ walkway pads so that the flat surface is over the N ,~,, ~,' completed membrane, spacing each pad a minimum ~ of 1" and a maximum of 3" from each other to allow (J_.= °" ~ for drainage. _~ ~_ `-~ ~ 2. If the installation of the walkway pads over field ~, _..., ~ ~ fabricated seams or within 3" of a lap edge cannot be ~ ~ ~ avoided, flash in the seam using 8" cured EPDM or (~ 6" uncured flashing. The EPDM or uncured flashing "' shall extend beyond the walkway pad a minimum of 6" on each side. B. Adhere walkway pads to the membrane 1. Walkway pads to be adhered to the membrane using a splice tape. a. Clean the mating surface of the walkway pad and the surface of the membrane where the tape will be installed with primer and allow it to dry. b. Apply three parallel, full length sections of splice tape with the two edges and the third approximately down the middle of the pad. c. Turn the walkpad over and place it with splice tape down in its final position. d. The pad is then walked on to press it into place to assure proper adhesion. e. Install sealant around perimeter of each pad. G Delete current Section 08952 and use the attached revised Section 08952. Since replacement is for exterior panels, only use original manufacturer per specification. ADDENDUM NO. 1 H. Delete Section 077253 New snowguard system to be field fabricated as shown in details with this Addendum. 2. PLANS A. Sheet 2 -Add the following to GENERAL NOTES: 1. "1. On Level C a maximum of 3 layers of tapered insulation is expected. On Level E a maximum of 4 layers of tapered insulation is expected. Contractor shall field verify. 2. " 2.d. Remove only exterior panel of skylight system. Interior panel to remain. Replace with new Kal-Wall panel per attached specifications. Install edge system as detailed and snowguard system upslope as detailed and specified. Provide 5 year workmanship and material warranty on snowguard system and Kal- wall panels. 3. "7. Site for hauling ballast rock to is located at southern end of Iowa City at 3800 Napoleon Road." 3. Add Notes 9 and 10. "9. Contractor may utilize sun-deck area on south side of building for material storage. Access to building on west side limited to 25 feet from building. Any damage to lawn area to be restored by Contractor to original condition. Re-sodding of any damaged lawn area may be required. After August 15 Contractor my utilize portion of parking lot to the east of the building. Coordinate use of parking lot area with building maintenance personnel. "10. Contractor shall schedule re-roofing operations using solvent based adhesive on levels A, B and C with building maintenance for any air intake shutdown required. It is preferable such work be done as late as possible during cooler weather conditions, if possible." "11. Roofing contractor will need to coordinate with new ladder installation work beingperformed b oti thers during course of the project. B. Attached is a revised drawing for Sheet 2 showing addition of walkway pads, additional snowguard system and additional section cuts. Also attached is Alternate Bid drawing for new tapered EPS insulation for Levels C and E and drawing for snow guard manufacturing and installation on Kal-Wall battens. Respectfully submitted: r~ ~~ VJ Engineering Narne 2570 Holiday Rd. U P.E. RRC Coralville, IA 52241 `' Title PH:319-447-2222 ~' ~ ~ ~ C7 =~ c:~ N r ,- - ~ iT1 ~-, -a z~ ~'~ `-'•' ~ ~- SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM PART1 GENERAL O ^ ~ `- , V ~ 1.1 SECTION INCLUDES - ~ a- ~ A. Translucent skylights. ., ~ £. ~ 1.2 RELATED SECTIONS r- ~ ~ ~ ' '~' f J A. Section 06100 -Rough Carpentry ~ ~ ti B. Section 07600 -Flashing & Sheet Metal ~' .~- C. Section 07900 -Sealants ~ D. Section 077253 -Snow Guards 1.3 SUMMARY A. Section includes translucent fiberglass sandwich panel system for skylights consisting of 2- 3/4" thick flat (or curved) factory prefabricated into single units, (including factory installation). 1.4 DESIGN REQUIREMENTS A. Deflection of entire system shall be no more than L/45, unless otherwise indicated. B. Structural Loads: Provide system capable of handling the following loads when supporting full dead load: 1. Wind Load: 90 MPH 2. Snow Load: 30 PSF 3. Roof Load: 20 PSF C. Air/Water Infiltration: For Water Penetration, curtainwall system shall be tested per procedures of ASTM E-331, and shall show no water entry at WTP=10.00 psf, @ S.OOgph/ft. squared. Test shall be performed before and after uniform loads are applied. For Air Leakage, system shall be tested per procedures of ASTM E-283, and shall show results of no more than 0.01 cfm/ft. squared @ 1.56 psf (25 mph) and 0.01 cfm/ft, squared @ 6.24 psf (SOmph). 1.5 SUBMITTALS A. Comply with Section 01340 -Shop Drawings, Project Data Sheets. B. Product Data: Submit manufacturer's product data, including materials, components, fabrication, finishes, and installation instructions. C. Shop Drawings: Submit manufacturer's shop drawings, including plans, elevations, sections, and details, indicating dimensions, tolerances, profiles, anchorage, connections, fasteners, provisions for expansion and contraction, drainage, flashings, finishes, glazing, and attachments to other Work. D. Samples: Submit manufacturer's 6 inch x 6 inch sample of translucent panel showing panel skin color, panel light transmittance, and aluminum finish. E. Test Reports: Submit certified test reports from a qualified independent testing agency, indicating skylights comply with specified requirements, based on testing of current products. Submit results as requested from the following tests: 1. Flame spread and smoke development, ASTM E 84. 1 SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM 2. Burn extent, ASTM D 635. 3. Color change, ASTM D 2244 in accordance with ASTM D 1435. 4. Impact strength, exterior face sheets, UL 972. 5. Accelerated aging, ASTM D 1037. 6. Tensile Bond strength, ASTM C 297. 7. Insulating U-factor, ASTM C 236. 8. Beam Bending Strength (ASTM E-72) 9. NFRC Certification -Optional 10. Condensation Resistance Factor (AAMA 1503) 11. Class A Roof Covering Burning Brand (ASTM E-108) F. Manufacturer's Project References: Submit list of completed projects including project name and location, name of architect, and type and quantity of skylights manufactured. G. Installer's Project References: Submit list of completed projects including project name and location, name of architect, and type and quantity of skylights installed. H. Warranty: Submit manufacturer's standard 5 year warranty. 1.6 QUALITY ASSURANCE A. Installer Qualifications: Erection shall be by an installer which has been in the business of erecting and installing specified materials for at least five (5) consecutive years, and can show evidence of satisfactory completion of projects of similar size, scope and type. B. Shop drawings to be reviewed and stamped by a registered engineer if required. C. System manufacturer must be listed by a recognized building code authority, including the International Conference of Building Officials, which requires quality control inspections, and fire, structural and water infiltration testing by an approved agency for sandwich panel systems. D. Quality control inspections; and required testing conducted at least once each year, shall include manufacturing facilities, sandwich panel components and production sandwich panels for conformance with "Acceptance Criteria for Sandwich Panels" as regulated by the ICC-ES or equivalent. E. Materials and products shall be manufactured by a company continuously and regularly employed in the manufacture of specified materials for a period of at least ten (10) consecutive years and which can show evidence of these materials being satisfactorily used on at least six (6) projects of similar size, scope and type within such a period. At least three (3) projects shall have been in successful use for 10 years or longer. F. Performance Requirement: The manufacturer shall be responsible for the configuration and fabrication of the complete panel system. o N ~~ .~..~ ~ ~_ ~"'; N ~~ ~~ ' ~ 's` ~.1 i ` N ~• 2 .C- SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM G. Product Options: Drawings indicate size, dimensions and profile to structural translucent panel system. Specifications indicate performance required. H. Pre-installation Meeting: Convene apre-installation meeting weeks before start of installation of translucent skylights. Require attendance of parties directly affecting work of this section, including Contractor, Engineer, installer, and manufacturer's representative. Review preparation, installation, cleaning, protection, and coordination with other work. 1.7 DELIVERY, STORAGE, AND HANDLING A. Delivery: Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying product name, manufacturer, and location of installation. B. Storage: Store materials in a clean, dry area in accordance with manufacturer's instructions. Store panels above floor, and under cover. C. Handling: Protect materials and finishes from marking, contamination, and damage during handling and installation. PART 2 PRODUCTS N C 2.1 MANUFACTURER a ~"' A. Kalwall Corporation - (800) 258-9777 7~ ~ r~_. -~-~ Local distributor and installer - SpecPro, Inc. ~ -` - ~-=- ~`; N 307 Elk Ridge Dr. ~ ~-- ~--r-~ Papillion, NE 68046 ~` --~v ~ Ph: 402-597-8870 ~ ~~ n~ ~J ~, -~- 2.2 MATERIALS -TRANSLUCENT FACE SHEETS -PANEL FABRICATION A. Translucent fiberglass faces shall be manufactured from glass fiber reinforced thermoset resins by insulated system fabricator specially for architectural use. Thermoplastic (e.g., polycarbonate, acrylic) faces are not acceptable. B. FLAMMABILITY: The interior face sheet shall be UL listed and have a flamespread rating no greater than 50 (20) and smoke developed no greater than 250 (200) when tested in accordance with UL 723. Burn extent by ASTM D-635 shall be no greater than 1 ". Faces shall not deform, deflect or drip when subjected to fire or flame, or become detached when subjected to 300°F for 25 minutes. C. WEATHERABILITY: The full thickness of the exterior face shall not change color more than 3.0 Hunter or CIE Units DELTA E by ASTM D-2244 after five (5) years outdoor South Florida weather at 5° facing South, determined by the average of at least three (3) white samples with and without a protective film or coating to ensure maximum, long-term color stability. (Seven (7) Units for Class A Roof System, after 30 months exposure.) D. The exterior face shall have a permanent glass veil erosion barrier integrally embedded to provide maximum long-term resistance to fiber exposure. Sacrificial plastic surface films, coatings or veils not acceptable. SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM E. Exterior face sheet shall be smooth, .070" thick and match existing north panels in color. Faces shall not vary more than +/- 10% in thickness and be uniform in color. F. Panel system shall be 2-3/4" thick, made of two (2) sheets of translucent fiberglass, bonded by heat and pressure to either an aluminum or composite grid core specifically for architectural use. G. THERMAL INSULATION: Panels shall have a NFRC laboratory tested "U" factor of 0.23 thermally broken -flat only) by ASTM C-236, E-1423 and C-1199. System shall be NFRC certified. H. LIGHT & SOLAR TRANSMISSION: Panels shall have a light transmission of and shading coefficient to match original panel design. Meet requirements of ASTM E-972. I. GRID CORE 1. Grid pattern shall be nominal 12" x 24" shoji and symmetrical about the horizontal centerline for each flat panel. 2. The thermally broken (aluminum) 1-beam grid core shall be 6063-T6 or 6005-TS with provisions for mechanical interlocking of muntin-mullion and perimeter. Width of I- beam shall be no less than 7/16". The I-beam grid shall be machined to tolerances of not greater than +/- .002". Thermal break shall be 1"wide minimum. 3. Panels shall withstand 1200°F fire for minimum (1) hour without collapse or exterior flaming. 4. Thermally broken panels shall give minimum CRF (Condensation Resistance Factor) of 80 by AAMA 1503 measured on the grid line. J. ADHESIVE 1. The laminate adhesive shall be heat and pressure resin-type engineered for structural sandwich panel use, with minimum 25 years field use. Adhesive shall pass testing requirements specified by the International Conference of Building Officials "Acceptance Criteria for Sandwich Panel Adhesive". 2. Minimum strength shall be 750 PSI tensile strength by ASTM C-297 after two (2) exposures to six (6) cycles each of the aging conditions prescribed by ASTM D-1037. 3. Shear strength by ASTM D-1002 minimum after exposures to five (5) separate aging conditions: a) 50% Relative Humidity at 73°F: 540 PSI _ N b) 182°F: 100 PSI O y c) Accelerated Aging by ASTM D-1037 at room temperature: 800 PS~ C7 ~ d) Accelerated Aging by ASTM D-1037 at 182°F: 250 PSI r-- ~ e 500 Hour Ox en Bomb b ASTM D-572: 1400 PSI ~ ~~ -" ~'" Yg Y -..~ C-:; rv K. IMPACT RESISTANCE ~ ~-, ~ F~ The exterior face sheet shall be uniform in strength, impenetrable by h~eld~ncid repel an impact equal to 70 (230) ft. lbs. without fracture or tear when iiacled ~ a 3-1/4" diameter, 5 lb. Free-falling per UL 972. L. Translucent structural sandwich panel shall be a true sandwich panel of flat fiberglass sheets bonded to a grid core of mechanically interlocking I-beams and shall be laminated under a controlled process of heat and pressure, and deflect no more than 1.9" at 30 psf in 10' by ASTM E-72. SECTION 08952 INSULATED TRANSLUCENT FIBERGLASS SANDWICH PANEL ROOF SYSTEM M. The adhesive bonding line shall be straight, cover the entire width of the 1-beam and have a neat, sharp edge. In order to insure bonding strength, white spots at intersections of muntins and mullions shall not exceed 4 for each 40 sq. ft. of panel, nor shall they be more than 3/36" in width N. Panels and aluminum perimeter frame shall be pre-assembled where practical and sealed at the factory. Panels should be shipped to the job site in rugged shipping units, ready for erection. O. PERIMETER CLOSURE SYSTEM, BATTENS AND ALUMINUM FINISHES 1. Closure system shall be extruded 6063-T6 and 6063-TS aluminum clamp-tite screw type. Curved closure system may be roll formed. (Thermal break system optional for walls.) 2. Aluminum closures to be supplied with 300 series stainless steel screws (excluding final fasteners to building) and shall be factory sealed to the panels. Aluminum battens and cap plates shall be field installed. 3. All exposed aluminum to be (mill) (architectural corrosion resistant finish which meets the performance requirements of AAMA 2604, color to be selected from manufacturer's standards). 4. Flexible sealing tape shall be manufacturer's standard pre-applied to serrated edges of closure system at factory under controlled conditions. PART 3 EXECUTION 3.1 EXAMINATION Do not install systems until conditions adversely affecting installation and performance have been corrected. 3.2 PREPARATION The general contractor shall prepare openings including isolating dissimilar materials from aluminum system which may cause damage by electrolysis, and shall provide temporary enclosures if required. 3.3 INSTALLATION A. The installer shall erect translucent panel system in strict accordance with approved shop drawings as supplied by manufacturer, including fastening and sealing. All surfaces shall be cleaned before sealants are applied. B. Secure non-moveable joints and accommodate thermal and mechanical movements. C. If required, insure weep holes are correctly installed. D. After other trades have completed work on adjacent material, inspect translucent panel installation and make any adjustments necessary to ensure proper installation and weather- tight conditions. E. All staging and lifts required for the complete panel system installation and~eld rn~suring shall be provided by and maintained by the general contractor. .~ ~ ~ ~.~ ~ 3.4 CLEANING C7 ~ - ~ Clean panel system, both sides, after installation according to manufacturer's x~t6rhmet~latidn~'~s. m -cs _ n N END OF SECTION 08952 ~ .~- 5 ~ BID FORM To the City of Iowa City, Iowa, herein called the Owner, acting by and through its Consulting Engineer, for the construction of the Mercer Park Aquatic Center Roof Replacement 2007 ~_ The Undersigned, as Bidder, declares as follows: ~ ~ .€~ .- ~ 1. The only parties interested in this BID as Principals are named herein; ~ -~' ,~ 2. This Bid is made without collusion with any other person, firm, or corporation;-"' ~ -~ !T1 3. No officer, agent, or employee of the Owner is directly or indirectly interested ilus BI~' rn 4. Bidder has carefully examined the site of the proposed Work and is fully informed and satisfied as to the conditions there existing, the character and requirements of the proposed Work, the difficulties attendant upon its execution and the accuracy of all estimated quantities stated in this BID, and Bidder has carefully read and examined the Drawings, the annexed proposed AGREEMENT, the Specifications, any addenda and other contract Documents therein referred to and knows and understands the terms and provisions thereof; 5. Bidder understands that information relative to subsurface and other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) has been furnished only for Bidder's information and convenience without any warranty or guarantee, expressed or implied, that the subsurface and/or other conditions, natural phenomena, existing pipes and other- structures (surface and/or subsurface) actually encountered will be the same as those shown on the Drawings or in any of the other Contract Documents and Bidder agrees not to use or be entitled to use any such information made available to Bidder through the Contract Documents or otherwise or obtained through exanunation of the site, as a basis of or ground for any claim against the Owner or the Engineer arising from or by reason of any variance which may exist between the aforesaid information made available or acquired by bidder and the subsurface and/or other conditions, natural phenomena, existing pipes and other structures (surface and/or subsurface) actually encountered during the construction work, and Bidder has made due allowance therefor in this BID; 6. And Bidder understands that the quantities of work tabulated in this BID or indicated on the Drawings or in the Specifications or other Contract Documents are only approximate and are subject to increase or decrease as deemed necessary by the Engineer; 7. And Bidder agrees that if this BID is accepted, Bidder will contract with the Owner, as provided in the copy of the Contract Documents deposited in the office of the Engineer, this BID form being part of said Contract Documents, and that Bidder will perform all the work and furnish all the materials and equipment, and provide all labor, services, plant machinery, apparatus, appliances, tools, supplies and all other things required by the Contract Documents in the manner and within the time therein prescribed and according to the requirements of the Engineer as therein set forth, and that Bidder will take in full payment therefore the lump sum or unit price applicable to each item of the work as stated in the schedule below. B-1 (NOTE: Bidders must bid on each item. All entries in the entire BID must be made clearly and: in ink; total bid price must be written in both words and figures.) BASE PROPOSAL: Description Total A. Re-roof Levels A, B, C, D, E, F & G Lump Sum B. Remove and replace existing wet/missing insulation of 3" thick EXPS 300 s.f. of 3" thick /s.f $ C. Remove and replace existing wet/missing insulation of 4" thick EXPS 400 s.f. of 4" thick /s.f $ D. Remove and replace existing wet/missing insulation of tapered EXPS based on average thickness of 6" ?00 s.f. /s.f $ E. Remove existing translucent skylight shed roof exterior roof panels and replace with new Kal-Wall roof panels- Work includes installing snow guard system Lump Sum $ Bidder agrees to perform all of the work described in the proposed Contract Documents and.. shown on the Drawings for the Base Bid package for the sum of Dollars (words) ' ($_ }(numbers) Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. ALTERNATE BIDS: Contractor shall write price in figures. If cost is additional cost to contract, contractor shall circle word ADD and strike out other word and vice versa. Cost shown shall be NOT be cumulative, but a separate price that will be added or deducted from base bid if the alternate bid is accepted. ALTERNATE BID A: Use EPDM manufacturer's water based adhesive in lieu of solvent based adhesive for entire roof project. Q' C? (Circle correct word and cross out other word) $ ~ ~%' ALT. A - (ADD/DEDUC ,~ ~ rc-- ~ ,:-: fY` N f~ ~ ,._•' ~' .r- rn B-2 ALTERNATE. BID B: In lieu of reusing existing tapered insulation on Level C, remove existing and install new tapered EPS insulation per plan attached with Addendum (Circle correct word and cross out other word) $ ALT. B - (ADD/DEDUCT) ALTERNATE BID C: In lieu of reusing existing tapered insulation on Level E, remove existing and install new tapered EPS insulation per plan attached with Addendum (Circle correct word and cross out other word) $ ALT. C - (ADD/DEDUCT) As provided in the INFORMATION FOR BIDDERS, the Bidder hereby agreed that Bidder will not withdraw this BID within 30 consecutive calendar days after the actual date of the opening of Bids and that, if the Owner shall accept this Bid, the Bidder will duly execute and acknowledge the AGREEMENT and furnish, duly executed and acknowledged, the required CONTRACT BONDS within ten (10) days after notification that the AGREEMENT and other Contract Documents are ready for signature. Should the Bidder fail to fulfill any of the agreements as hereinabove set forth, the Owner shall have the right to retain as liquidated damages the amount of the bid check which shall become the Owner's property. If a bid bond was given, it is agreed that the amount, thereof, shall be paid as liquidated damages to the owner by the Surety. This Bid includes Addenda number 1 (To be filled in by Bidder if Addenda are issued). The Bidder, by submittal of this BID, agrees with the Owner that the amount of the bid security deposited with this BID fairly-and reasonably represents the amount. of damages the Owner will suffer due to the failure of the Bidder to fulfill the Bidder's agreements as above provided. (SEAL) By (Signature and Title of Authorized Representative) Business Address City and State CJ .Date. ~ ~ ~ ~ =< ~ TI The bidder is a corporation incorporated in the State (or Commonwealth) of - - apartnership - an individual. (Bidder must add and delete as necessary to make '~~ ' ence read correctly.) ~ -"' ~~ ~;` .c- B-3 (Note: If the Bidder is a corporation, affix corporate seal and give below the names of its president, treasurer, and general manager if any; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential addresses if different from business address.) The required names and addresses of all persons interested in the foregoing Bid, as Principles, are as follows: The Bidder is requested to state below completed work of a similaz character to that included in the proposed Contract and to give references that will enable the Owner to judge experience, skill, and business standing. (Add supplementary page if necessary) C7 N ° -~ r--. m - ~~ ~~ o ~ ~- .c- rn B-4 The Bidder shall provide a complete list of person, firms or other parties to whom it proposes to award a subcontract under this Contract in the spaces provided below: If awarded the Contract, Bidder shall not assign the Contractor subcontract the Work or any portion thereof to any persons, firms, or corporations not listed hereinabove without the previous written consent of the Owner. _ Q ~ __., ~~ ~ -C ~ "_ ~--- N 1`[r~ ~~ i^~ N ~' CJ~ B-5 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and , as Surety, are held and firmly bound unto the, City of Iowa City, Iowa, hereinafter called the "OWNER", in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum will truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated 20_, for said Project: MERCER PARK AQUATIC CENTER'ROOF REPLACEMENT 2007 NOW THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form as specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract or provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of time within whiclahe Owner may accept such Bid or execute such contract; and said Surety does herebyC~aive nice of any such extension. ~ n ~ -' -- - ~.' . 1 ~ ~ =- . ra ~-- ~ I ~~ ~ ~ ~' .~. ` ~ ( J : . r.~ .~- rn BB-1 BID BOND IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporationshave caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , 20_, {Seal) Witness Principal By (Title) (Seal) Witness Surety By (Title) ATTACH POWER OF ATTORNEY IMPORTANT: Surety companies executing this Bond must appear on the U.S. Treasury Department's current list (Circulaz 570), as amended and be authorized to transact business in the State of Iowa. C~ ~ `"~ ~.. C =t C ~`' ~ -s- ~ ~~ s;? ~- ~, BB-2 „-, n-s~~ _ f- T Y io ~tl-Y 1 wr d ~ ~ a ~ F d RR 4 Tm ~ s ce~ ~~~ A~~= ~'$ ~s ~~ 's n' ~i ~. o \s~\ ~ o ~: ~ o ~ 1 a ~ T 3~ F F~ II ~~ 1 w ~ ~ ~W T I 1 F T y F T I II f~=Y .iP. £~ a 0 y~~ ~q~ 9~'a _y ~ ~~x ~ -~ J F W ~F ~ !'R q9 ~1~m \JJ 6 £ ~ F ~^ t i ~ iS ~ ~1~ Q~ ~r ._~~. d s i :~ :~~o~~ ~~~{~~s- <~~~ -; ~ ~'~; z .~u~j~~ ~&"aas~s :~ _$~ ~ MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 IOWA CITY, IOWA ~~ 1 ~ ~ 6~ P R f' ~~ Y I 8 ~. tV P ~~ t ._,.. ~::' ~' dam-" C~ "' E--= r ., ~ i ..~. , %'- N G''~ ~® ~Z ~ ~~$®e~pT e~~~~~y~`g~=F~~~~~ "3~~~~~~~g~~~~g~m ~ sod F~ ~' ~ ~€ ~ vj engineering \~ 1 2570 holiday road ,, coralville, iowa - 319-338-4939 D N ~ D "- 0 -v rn z c~ o D C 3 ~ ~ ~ ~ rn D r cn O C~ DW D r r rn 3 ~I D i Z m O o~ 0 --~ ~~, ~J J N a ~~ '. -a N o vj engineering MERCER PARK AQUATIC CENTER ROOF Ms 465 northland ave. ne REPLACEMENT 2007 - IOWA. CITY, IOWA drop by ~ cedar rapids, Iowa - 319-447-2222 ADDENDUM #1 ~~aata~~ bZ~ ~cx ~~ ~ ~~~ m o~ . ~~ y ITl pD p f 1* n0 ZZ\~ ~ ~ N ~ 4~ ~~ ~_ ~ a m $~ V A 8 v N monwa DAo m ~ mm a m N N N N N N V~ r ~ ~ W ~ ~ ~ ~ 8 W c ; D-I aaa ~~~~ ~ b~0 C1mD mu+dm~° ~~,~ ~.>>> ~_ N n a a A ~ m mmmm`~ ~ v v v D m m m ~ a sfd£d~O~ d ~O~A W v p ~ ~nn~nn~m ~ x F F T m ~ S1 ~ ~ ~ ry ~ p S ~ n Q ~i ~c z 3 ~~ 'a 3 7 G -~ 0 D r O~ c z~ 000 ~~ m ~~~ ~ooo-~ v rr r NNN r(p lp fpr U/T T'n Ul C Z N (A H (n !A (A zc m z z m 1 G) z m m ~ ~ m z 000000 CO m °oog°og°o dIV1~1 ~, ~ ~~ ti',?'ti'~~I { I ~~ ~!d 8 I ~:~~' tGOZ OND W W f0 N ~ C O W tT m Z W N~ (pOJ1Up1 W N~ m'{ O O O 8 0 0 N 0 y d Y ;~ D v W~ ~ ~mw W~ v t0 W~ N C Z W N~ W f1~00(l1 pW p 0 0 0 0 0 0 0 0 0 w fD A c a pm z_ n O A NNN p Np O m~ d 0 0 0 0 0 ~ 0 ~ ~ ,~, ~ ~~a ma W AOb W N~ ~+ CZ Qoooom~~~ ~m ~ 77°0°0°0°0°0 o p 0000$0000 0 0 0 0 0 0 0 0 N p~ ~ ~ Z_ S W W N ~ m'~ o $ g ~ o n m D 9 n ~ ~m $ a-~cnuma~ m OZN °o °oo$oo~~ 1~ ooo+ 00 °o°o°o°o$°o°o°o°o V v ~C Z_ ~ f~OA W N~ m~ ~. °o m ~ °m g C e m as 1~ W ~ _a ~ ~ • w m (1i W O V N -+ ~ C Z TNN W tO fON V W Zp NOfWO W f00~ A v~ ~p O O O G O O O G O 0 0 0 0 0 0 0 0 0 W A A C a n $~~~°o m~ m o °o `~ o °o °o ~;`3c m a W» A m o ~ a a~C~~m7 _ ~~a m n NiN 1~0 W -+ A CZ ~ 00 ~ Oho 8 ~ 000 ~p 00a?0002~bo oonooo 00 •+ N 7 W f0 A C ~ Z 1~ C IJ f0 fJ1 0 Q m O NOD OD ~ ,a d m wJ N ~~~ ~7 tN0 W (pppl~~~~ ~q W N f00 ~ Z ~O~AfNOANAN ~p ~ $$SSoagSS Pr~~ 17 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 07-222 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT. WHEREAS, Geisler Brothers Company of Dubuque, Iowa has submitted the lowest responsible bid of $310,303.00 (base bid) with an additional $239.00 (alternate bid A) for a total of $310,542.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Geisler Brothers Company, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 24th day of July , 20 07 r M Pr_o_ ~ tem Approved b ~?~jI~ ATTEST: ~] ~~~' .~~T'~t+PA?G~ CITY LERK City Attorney's Office ~~d,~~7 It was moved by Vanderhoef and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: x x x ~_ x x pweng\res\merceraq vatic. doc 1 /06 NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn IAC 51988 1'ERF{?RIV~~("E A~ ~'AYME14~' ~O~D K.:VQVV- ,ALA MEN HY THESE: PRI~SF~~Y'T9 THAT Geisler Brothers Company, 340E 12th St, Dubuque, IA 52001 .... (here insert the. name and.. address or 1fgsl trt{a of the C~ar+iraczar) a:?rincsfia'„ hereinafter callcdthe Cr~niractvr and Merchants Bonding Company (Mutual), 2100 Fleur Drive, Des Moines, IA 50321 (Inge fetsert tlzs lagat title of Surely) as Sur~'t}~ hereinaEft~` caned the Surety, °an held_aa~d ~xxrtly bound unto the City of Iowa City, as Qhligec:, hetcnaft~a< called the Qr~iner, in the arnotiutt of Three Hundred Ten Thousand Five Hundred Forty-two Dollars ~~ 310,542 , fQr €he gaytrkeint vvhezeaf ContraGtol akltd S'Jr~ty hitiLL thezn.~ClVeS, tI]Cir hekrs, cxecutL?rs, adrninistrator.$, suc~essaxs and assigsas, joiE~t~y and `s~vcraily, ~~xmly by t~esc grestnts, ~'HIi.I~EAS 1st jay of August Contractor has by a written Agreement`daled this 2~7,, c~ntiered iato a contract w~,tfk O~~~nier for: M~E~GER P~iRK dQIIA'FIC CENTTR RQ4F P~A,CEI'i-+iE)~'T ~I~fi In acxordar<ca with drau-in~s and speci£~ti.oz~s P~Pd by vJ Engineering which Irontra~ett,is by r.. feran~-~e made a part hereof, it as hareinaf~er referredd to ae the Coniraet. i~1'OW, 'I'EiE~k'(aRE, THE CC~NI3lTiOP~ dP THIS 4BLIG~T'IQI+I i~ auckt that, if Coatxactor sl~,all promptly azzd faithfully pBxfarrci said Coatr2~ct, then the ok-ligaitivn, cif. this bond shall #c nu11 ~u vc-id; otharwise it shall rernaik~ in fall farce and effect. p„ '1'tte .Surety hereby w~iz~s notice of any alteratiotr: vc extezksan of time marls by the aw~rter. g, Whenever Contractor shall be, and is declared Owner to be, in default under the Canttraact, the Owner lfavin~ Cywne~'s olaligati0ns thereunder, take Suety may Promptly remedy the. default, or shall promptly-. l . Carttpiete tha Contract in accordance w7tt~ it4 terms and co><kditons, or ~'~-1 O `~' `=-' C, r~ ~' r ~ ~~ ~-~ ~ ~ ._~ __;~, W ._ _ r, . ~ ~ _J ~` ~ ~ N O ' C. D ~. ~, tlbtan a [yid ar ~6ids far su€xnissiatt to Gwaer for eompletiz~g the Contract in accardaner with its terms and conditiott.~ anti open detarminatiou by {h~~ner anct Suety pf the l4w~est responsive, z~spcinsibi~ bidder, awe for ~ Contract between such bidder smd Owner, and make available as work ~+rag~3ses (even thctuglx tlie><e ~otzld be ~ default or a strcccssion of defaults. under the Cantrect or Cor<tracts of cornpleten arranged under this pa~ragrdPtt) su~c~z~t fiuxds to Pay ~.e cast of completion teen the balance of the Contract price; but not exuding, including: ott>tax cosfis and damages for which the Surely nay be liable hereunder, thG am©urtt Set forth 1I3 the first.P~'at~Fh h~re0f 7'hc term. "balance of the Contract price", as used i~a tik%s paragraph, stzall. mean the toil aarrc~nust payaiale by Qwmor tp Contractor under the ~oAtract .and anY amendrnent9 there to, tees the at~uowrt prdpe~rly paid by (?wtaer to Contractor. The Contractvz and his surety shall, in a~:cordance wi#1n the pro~~isions of Chalater 384, Cade of lows and these Contract Docuxnants, ~+~ obligatad to ke€p the work constructed under t6.s Contract anti covered by this Honui in ~ooct xepair .fot a peariod a~two tz) }'+ears from the date of aCeeptanr~ of the construetian key ttte C7wuer. t~1ny suit under #ltis bond must be instituted brfozc the expiration of two j2} years &am the date oa which final payment tinder the Contract falls. due. No right aP action shntl accrue t~a oT fur the use o~ any petsorA, or co:rparatinn other them flee Owner named herein or the ltelrs, ~ecubars, adnnirzistrators or succe3sors or Owner. IT iS A FURTI~ER YQI~I~ITlO~ QF' T~Y~S bBLIGATI+~N that t#te Principe] anal Surety shalt in accordance witt< the provisions of Chapter 573 of the Cade p~ l4wa, pay to all persons; ftrnss or corparattons having G,pxltTaCt3 dttect?y wyth ttye Prenctp~ ar v~ih Subcoutractars alt ]esSC clattnis due thtzzt fur labox performed or materials furnished xn tlaa performance oaf the Contracti on account of which this Bond is given- The p~torrisions of Chapter 573. Cade aflow~a, are a part of this Bond tc~ tl,e same extent asif tk~ey were expressly set out herein. St~JitiiED A1~D SEALED THIS 1st DA~`Ol~ August , 2U ~~ A.~, Tai THE pK.ESE~CE C1F: Geisler Brothers Company (Principal) ~V-itress PB-2 ~.,,~ - - Titlt~ Molly C. Weber Attorne~r-I n-Fact 0 ~~ __., C° :~„ -~' -` ~. -~, w ''~j, 'x^ ~%: ~ r~ 0 __.~ . -~; 1 ,,.._~ .. ~/ /~ rvIC1U IGIIW uVl wu~y vvn.rw.~ ~.........-.~. //// Surety Merchants ~3ondng ~ompan (Mutual) POWER ~}F ATTt~RNEY Knew All Fersans By These Preserds, that the MERCHANTS BONDING COMPANY {MUTUAta a corporation duh+ nrgarrixed under the laws ofthe State of Iowa, and having i~ priricipa! office in the Dirty of Ues Moores, Courrity of Polk,.. State of Iowa, hath made; constriuted and appointed, end does by these presents mare, constihrte end appoint Richard V. McKay; Sohn 7.Ottavi Mack K. Fitzjerrells, Luca A. t7eVecchi,;Kelly J. Esser, Nathan J, Gruber'; Malty C. Weber, 7"arruny Feller of Qubuque and-State of Iowa its true and Lawful Attorney-i",-Fact. wfittfull pawar and auttwrity herebp conferred in its mama, place and dead, to sign, execute, adcrbwladge and rtekver in Its behalf as surety airy arx/ MI bonds, umlertek'rngs, rer~gnixancsts or otttec wr~ten obligalrons in the nature. thereof,. supjed to fi-e irritation that any such i~trumant shah not exceed the amount of: ~E~ Iw><rjl<r©IV cs3>aoa,ooaoo~ DvLLnRs and to bind the MERCHANTS BONDING COMPANY {Mt3TUALj thereby as fatty and to the same extent as if such bond or undertaking was signed by the duly. authorized officers afthe MERCHANTS BONDINt's COMPANY {MUTUAL), and a1 the ads of said Attarney-in-Feet, pursuant to the'. authority herein given, are hereby ratified and confirmed.. This Poway-of•Atbmoy is rr~ac~ ar~d executed pursuant to and by suthorlty ofthe 1`oAowing Arr~endad Substituted and Restated By- Laws adopted by the Board of Orroctom ofthe MERCHANTS BONDING COMPANY {MUTUAL) on November 16, 2002. ARTICLE Il, SECTION'8 -The Chairr~n of #ha Board or President or any Vice Pr+~ideM or Secretary shah have power arid authoriy to appoint Attorneys-in-Fad, and to authorize them to e~cecute on behalf of ttre Company, and attach the'Seal of ittie Company thereto, bonds and undertakings, recognizances,'confiacts ofindenrnity and'otherwriir>gs obigatory h the rsature thereof. ARTICLE ii, SECTION 9 - The`signatute of arty authortzed officer and the Seal of the Company may be altboed by f>arsinate to arty Poway of AtCOrnay or Certitlr.~ion ihereaf authorizing the exearaon and delivery of any bond, undertaking, r+~gn'rzance, or other sun3tyship obti~tions of,tba Campeny, and such sgnature'and seal when so used shat! have the same force and effect as though manuaiy fixed. In Wiriness Whereof MEt2CNANTS BONDING COMPAM( {MUTl1AL) has caused tt-ese presents #o be signed by its President and its corporate seat to be hero affixed„ the 1st day of June ,2007 STATE: OF I(7ilitA COUNTY OF POLK ss. MERCHANTS B(7IdDING Ct1MPANY (MUTUA~j „ ~~ Presiclenf On fills 1st day of J aria 2007 ;before ms appeared Larry Taylor. ~ me personally Icrnwn, who being by ma duly svyrrn did say ihaf he is President o#the MERCHANTS BC»kNG COMPANY {Mt11't.Y1L), the corpotaliat described in the foregoing Instrum~t, and that the Seal aifi;aed to ttie said instrurrent is the Corporate Seat of ttie said Caporatiorrand Mat the said hatrument was signed and sealed in kehatF of Said Corporation by authorityt of-its Board of Directors: In Testimarty Whereof, l have hemur~r set my hand. and affixed rry Officl~;Seal at the City afOes Molrres, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POt.K ss ~ CINDY 3ttAYTH ~~ Commieelon Number 1?3384 Mity~ h 1~ti, ~1~ ~. r~ Notary Public kHVa ~,~, ~- ~,' r'~ ~~, u ~ I, W11iam Warner, Jr., Secretary of~e MERCHANTS BONDINt3 COMPANY{MUTUAL), do hereby c~rtr'y that fire abo `~ is a true and cort'eci copy ofthe MOWER-C)t=~4TTORNEY exaed by sake. f~IIERCHA#JTS t30NDiNe; C47tJI~+ANY {s~tJ] affil in full AO[ce and effect and has not been amended ar ievol®d. r r' - • r~,. In Witnasa Whereof, t have trereuMo sat ntf+ hand and affixed the seatof tt-e Campeny on this ~ ,~- 1 st day of August, 2007 •,.• «• ••,~ rv ,NG Cp ~ Poe o001 tiros} md~o~`p iJR', ~o'. • ~ ~~;''` .~` O~~~ Z: ;s ~ 1933 : c . y . •~~,. Secre~ry .~ ~ i; ~, _~ CONSTRUCTION CONTRACT THIS AGREEMENT made this Lday o , in the year 2007 by and between Geisler Brothers. Co., a corporation organized and existing under the laws of the State of Iowa, hereinafter called the "Contractor", and City of Iowa City, hereinafter called the "OWNER". WITNESSETH, that the Contractor and the Owner for the consideration stated herein mutually agree as follows: ARTICLE 1. STATEMENT OF WORK The Contractor shall furnish all labor, material, equipment and services, and perform and complete all work required for the construction of: DESCRIPTION: MERCER PARK AQUATIC CENTER ROOF REPLACEMENT 2007 including all site improvements indicated on the site(s), in strict accordance with the Specifications and Addenda thereto numbered 1 and Drawings referred to therein, all as prepared by VJ Engineering.; which said Specification, Addenda, and Drawings are incorporated herein by reference and made a part hereof. ARTICLE 2. THE CONTRACT PRICE The Owner shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions as provided in the Specifications, the sum of: $ 310,542.00 ARTICLE 3. CONTRACT DOCUMENTS. 0 The Contract shall consist of the following component parts: .`= ~ a. This Instrument _ '`" ~" ~ ~ -~ i 1 b. General Conditions ~ ~~, _ w __ - T c. Special Conditions ~-< r"' ~ ....~, ; _ _r l d. Technical Specifications ' ~ --y e. Drawings ~ . .~- f. Addenda ~, ARTICLE 4. TIME FOR COMMENCEMENT AND COMPLETION OF WORK. The Contractor shall from the date of the Notice To Proceed begin actual performance hereunder and all work to be performed by the Contractor shall be completed within the scheduled calendar days thereafter. Not withstanding the aforesaid the Contractor shall be excused from the performance time requirements if, during the progress of the work, delay is authorized in writing by the Owner for any or a combination of the following unforeseen or unavoidable causes: (a) Unusual inclement weather. (b) Any act or neglect of the Owner or the Inspection Representative or any employee of either. (c) By any authorized and written changes in the work requirements. (d) By strike(s) (e) By fire, flood, or natural disaster. (f) Other, as approved in writing by the Owner. CC-1 The time of completion as affected by any of the foregoing shall be extended for such reasonable time as in mutually agreed. The Owner shall be empowered to make final decisions on the justifiability of causes offered by the Contractor as a basis for extension(s) of time for performance. The contractor shall schedule construction activities within the time frame described above. Liquidated damages will be assessed as specified beginning the day following the expiration of the above mentioned completion date, to continue until completion subject to the provisions described above. This instrument, together with the other documents enumerated in Article 3, which said other documents are as fully a part of the Contractor as if hereto attached or herein repeated, for the Contract. In the event that any provision in any other component part, the provision of the component part first enumerated in the Article 3 shall govern, except as otherwise specifically stated. The various provisions in Addenda shall be construed in the order of preference of the component part of the Contract which each modifies. IN WITNESS HEREOF, the parties hereto have caused this instrument to be executed in four original counterparts as of this date. ATTEST: Geisler Brothers, Co. (Contractor) By Title Business A dres- 340 E. 12th Street Dubuque IA 52001 ATTEST: (Owner) By Title / " i+~} yt3/~. Business Address: ~ ~~ O a C~ :~~ ~3 ~ v ~~ `~ (~` ~~~' "'T:4 ~ J _ r-ti _,.~ ,_ ,~ _ -~ .i~"' ~ CC-2 3d 11 Prepared by: Kumi Morris, Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 08-210 RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mercer Park Aquatic Center Roof Replacement Project, as included in a contract between the City of Iowa City and Geisler Brothers, Co. of Dubuque, Iowa, dated August 1, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $310,170.12. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of ATTEST: ~~ ~ . ~~~ CIT LERK It was moved by Champion and seconded by wr; grr the Resolution be adopted, and upon roll call there were: AYES: x _ x X x X .~_ Pweng/res/mercerpkroof-acptwork. doc 7108 NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ABSTAIN: x City Attorney's Office 2 ~ ~