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83-05-17 CITY OF MOUND Mound, Minnesota AGENDA MOUND CITY COUNCIL REGULAR MEETING Tuesday, May 17, 1983 7:30 P.M. - Council Chambers 1. Approval of Minutes of April 26,~ 1983, Special Meeting Approval of Minutes of May 3, 1983, Regular Meeting 2. PUBLIC HEARING - Delinquent Utility Bills for May 3. PUBLIC HEARINGS: A. CASE 83-108 - Proposed Amendment to the Zoni.ng Map of the City of Mound - Lots 24, 25, 26 & 27, Block 3, Shirley Hills Unit "F",- change from existing B-1 (Central Business) Zoning to R-4 (Multi- Family Residential) Zoning - Wilshire Blvd. and Maywood Road (Northeast corner) B. CASE 82-108 - Consideration of an application for a Conditional Use Permit for a 3 Unit Town- house and a 2 Unit Twinhome at location described in 3A above. 4. Comments & Suggestions from Citizens Present 5. Ordinance - Adding Section 25.11, 25.'11.1 and 2~.11.2 Relating to Issuance of Open Burning Permits 6. Application fora Charitable Organization 3.2 Beer Permit - Mound Volunteer Fire Department 7. Request to Use Mound Depot 8. Request to Approve Amended Option Agreement - Mound Trolley Boat Center, Inc. 9. Request. for Refund of License Fee's for Restaurant and Dance Applications - Tom Watson - $205.00 IO. Request for Refund - Rezoning Application - Vern Veit, Lost Lake Subdivision - $100.00 11. 1983 Street Repair Program - ~prove Plans & Specs. Set Bid Opening - Proposed: June 6, 198'3, 10:30 A.M. 12. 1983 Fire Hall Addition (storage area ~ funded from 1983 Fire Capital Outlay Budget)- Approve Plans & Specs. Set Bid Opening - Proposed: June 6, 1~83, 10:00 A.M. 13. Approval of Cable T.V. Ordinance Summary (Ordinance #446) 14. Request for City to Purchase a New Fire Department Pumper Truck 15. Gravel Driveway Memo 16. Payment of Bills 17. MISCELLANEOUS/INFORMATION A. Westonka Area Chamber of Commerce Newsletter B. Hubert H. Humphrey Institute of Public Affairs Calendar Pg. 1138-1139 Pg. 1140-i148 Pg. 1149 Pg. Il50-1160 Pg. 1161-1165 Pg. 1166 Pg. 1167 Pg. 1168-1170 Pg. 1171-1172 Pg. 1173-1176 pg. 1177-1181 pg. 1182-1183 pg. 1184-1191 pg. 1192-1210 pg. 1211 pg. 1212 pg. 1213-1216 pg. 1217-1218 Page 1136 C. L.M.C.D. "Save the Lake" Campaign D. American Legion Post #398 Gambling Report E. Ehlers & Associates, Inc. Report F. Memo from Mark Andrews, Hennepin County Board RE: Shade Tree Program G. Minutes Planning Commission Meeting April 25, 1983 H. Association of Metropolitan Municipalities - Notice of Annual Meeting I. Letter from Minnesota Department of Energy, Planning and Development regarding Minnesota Energy Conservation Service (MECS) pg. 1219 Pg. 1220 Pg. 1221-1222 Pg. 1223-1225 pg. 1226-1230 Pg. 1231-1234 Pg. 1235-1237 Page 1137 72 April 26, 1983 SPECIAL MEETING OF T~tE C'ITY COUNCIL Pursuant to due call'and notice thereof, a special meeting of the City Council of the City of Mound, Hennepin County,'Minnesota, was held at 5341Maywood Road In said City on April 26, 1~83, at 7:30 P.M. Those present were: MaYor Bob. Polston,~Councilmembers Pinky Charon, Gary ?aulsen, and Russ Peterson. Councilmember Gordon Swenson was absent and excused. Also present were: City Manager Jo~. Elam, City Clerk Fran Clark, Finance Director Sharon Legg, Bill White and Harold Benz. The Mayor opened the meeting and welcomed the people in attendance. CITY HALL ROOF & SKYLIGHTS~. The City Manager went. over the history of the leaking roof and skylights with the Council. He explained that last Fall when.the Council approved going to bid for new skylights it was'Zoo late to have them replaced. Since that time he and the Building Inspector have been talking to distributors of skylighting systems and roof people.and have come up with what looks like a good system. It would consist of a new EPDM roof below the skylights and Wesby Thermalite skylights with triple'pane glass. The cost will be between $22,000 and $31,OO0. . Bill White of W.J. White Co. in Edina was present and gave the Council his background. $ years in the skylight business and the largest distributor' of skylights in the State of Minnesota. He has .worked with different contractors for different installations. Harold Benz of Plainsman Construction was present to answer any questions the Council had. Mr. White explained that the Wesby system is aesthetic as well aS energy efficient and the EDPM roof is easy to patch and does not react to ultra violet light. He explained how.'the Wesby-system differs from other systems. Mr. Benz estimated about 3 weeks of construction to install the system. The Council asked if the City could get a guarantee from the installer. Mr. Benz answered that he would guarantee for 2 years. The City Manager explained that he will now have the architect translate the skylight system and roof into'a workable spec to return to the Council. COMPUTERS The City Manager explained that Logls has sent around a Memo offering a 15% discount on the Direct 1025 or the HP 125 microcomputer if they are purchased by April 30. He went on to explain that the Staff has been looking into adding microcomputers for some time in order to expand the City's informational capabilities, provide special assessment informatlon~ word processing and budget information. The City has been in touch with a consultant on computers, Mr. Jim Krautkremer. He has submitted a comparison of the two and found that the Direct 1025 has more features for less cost that the HP125. 73 April 26, 19~3 Sharon Legg, Finance Director, submitted a memo on the two systems. She also went over the costs of the systems and the hook-up costs to Logis. The Council discussed doing a cost/benefit study. The City Manager will speak to Jim Krautkremer about this and try and keep the cost of the study to around $500.00. The City Manager reminded the Council of the Special Meeting, Thursday, April 28, 1983. He also stated that he had received a call from Jim Larson advising that Continental Telephone, at the last minute, appealed the rate decision of the Public Service Commission and although this will be handled primarily by the Attorney General's office, Mound will have some legal costs. Charon moved and Paulsen seconded a motion to, adjourn. The vote was unanimously in favor. Motion carried. 10:15 P.M. Jon Elam, City Manager Fran Clark, City Clerk //3 ? May 3, 1.983 74 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof,.a regular meeting of the City Council of the City of Mound, Hennepln County, Minnesota, was held at 5341Maywood Road in said City on May 3, 1983, at 7:30 P.M. Those present were: Mayor Bob Polston, Councilmembers pinky Charon, Gary Paulsen, and Russ Peterson. Councilmember Swenson was absent and excused. Also present were: City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, Police Chief Bruce Wold, Cable T.V. Consultant Tom Creighton, City Manager Jon Elam and City Clerk Fran Clark.and the following interested citizens: Mr. & Mrs..R. Juhl, Robert Hilstrom, Jeannie Simonson, Terrance Nelson, Bill Winter, Mary Winter, Robin Winter, Robert Marquardt, Bob and Margie Thrift, Douglas Anderson. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the April i9, 1983, Regular Meeting were presented for consideration. Charon moved and Peters°n seconded a motion to approve the Minutes of the April 19, 1983, Regular Meeting as'presented.. The vote was unanimously in favor. PUBLIC HEARING - "ON & OFF SALE BEER LICENSES" ' THREE POINTS TAVERN The Mayor opened the public hearing and asked for comments from the citizens present, Richard Juhl, 1688 Finch Lane - stated that since Mr. Hillstrom and the previous owner took over Three Points Tavern they have done a . wonderful' job. They have controlled the litter problem and the noise. Bob Marquardt, 1721 Eagle Lane ~ asked that the Mr. Hillstrom and the Council assure him that the Commons docks will not be used for commercial docking for the tavern. Mr. Hillstrom stated the City Manager had already informed h'im of this and that he would not Use these'docks for customer boat dockage. The Mayor closed the public hearing. Paulsen moved and Peterson'seconded a motion authorizing the issuance of "On and Off Sale Beer Licenses" to Robert Hillstrom, DBA Three Points Tavern. The vote was unanimously in favor. Motion carried. The City Manager explained that Mr. 'Hillstrom is.also requesting an Enter- tainment License, so that he can have a guitar player and singer. Mayor Polston asked the City Attorney if the City could impose conditions on the 'issuance of an Entertainment License to limit the number of entertainers. The City Attorney stated he saw no reason why the City could not impose certain conditions. He also advised that the Council incorporate Section 38.25 into these conditions because that would deal with excess noise. 75 May 3, 1983 Peterson moved and Paulsen seconded a motion to authorize the issuance of an Entertainment License to Robert Hillstrom, DBA Three Points Tavern with the following conditions: 1. Limiting the number of entertainers, not to exceed (2) two. 2. Incorporating Section 38.25 of the City Code, which is as follows.with "music" substituted for the word "dance": "Clamorous Noises Restricted No person shall conduct himself blatantly by shouting, yelling, hooting, whistling or singing, no shall any licensee allow the protracted playing or clamorous music, either unamplified or amplified, either live or by mechani~cal means, which will disturb the peace, comfort and repose of persons beyond the immediate environs of the place in which the music'is being played." The vote was unanimously in favor. Motion carried. CASE #83-114 - WILLIAM D. WINTER, 3343 WARNER LAND - LOT 59, WHIPPLE SHORES 'SIDE YARD VARIANCE The City Manager explained that the applicant has worked with the Planning Commission and come up with a 2 foot side yard setback variance, rather than 2, 4 foot side yard variances. He will conform on the north side yard setback with this plan. The Planning Commission has approved this variance. Peterson moved and Charon seconded the following resolution. RESOLUTION #83-72 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A 2 FOOT SIDE YARD SETBACK VARIANCE AS REQUESTED FOR LOT 59, WHIPPLE SHORES (PID #25-117-24 21 O128) (3343 WARNER ROAD) The vote was unanimously in favor. Motion carried. Councllmember Peterson complimented the Planning Commission on working with the applicant and resolving the problems in a manner that was advantageous to both. CASE #83-122 - TERRANCE A NELSON, 4555 MANCHESTER ROAD, LOTS 16 & 17, BLOCK AVALON - SIDE YARD & REAR YARD VARIANCES The City Manager explained that the applicant is requesting a side yard and rear yard variance to place an attached garage 3 feet from the side property line and 9 feet from the rear property line. He is also asking for recognition of the road access easement as part of this property for driveway purposes. The reason for this is that the neighbor behind the applicant didn't have access to Cumberland Road when the house was built and he took access from Manchester. Now Cumberland Road goes thru and he can gain access from Cumberland. There is a 26.6 foot easement (part of Lot 15) that has been shared by the two homes for driveway and is dedicated as part of the deeds. The Planning Commission recommended approval of these variances with the stipulation that a survey be furnished before the issuance of a building permit. May 3, 1~85 Pau)sen moved and Peterson seconded the following resolution. RESOLUTION #83-73 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A 6 FOOT REAR YARD AND A 7 FOOT SIDEYARD VARIANCE AS REQUESTED FOR LOTS 16 & 17, BLOCK 14, AVALON (PID #19-117-23 31 0099) 76 The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING - PROPOSED AMENDMENT TO THE ZONING MAP AND CONDITIONAL USE.PERMIT (PID 13-117-24 34 O046/~O~7/~048/004'9) The City Manager explained ~hat the'Planning Commission has, unanimously turned this down because of. density, but as the City Attorney has pointed out in the past, the applicant still has the right to appeal to the Council. Paulsen moved'and Charon seconded a motion to set May 17, 1983', at 7:30 P.M; as the date and time for a public hearing.on an amendment to the Zoning Map and Conditional Use Permit for PID.#13-117-24 34 0046/0047/0048/0049. The vote was unanimously in.favor. Motion carri.ed. · The City Manager then introduced Mark Koegler of Schoell & Madsen as Rob Chelseth's replacement as City Planner while Rob in gone. Mr. Koegler related some of his background as a planner; Regional Planner in DesMolnes, Planner .for the City of Chanhassen and now with Schoell & Madse'n. LIFT STATION REPLACEMENT'PUMPS The City Manager explained that since the Council approve the quotation of .Hanson Pump for the replacement of. pumps at the llft station'on Sunset Road, Hanson Pump cannot deliver for financial reasons so quotations were again solicited. Two were received: Waldor Pump .$8,036.00 Tri-State Drilling .. $9,272.00 Peterson moved and Paulsen Seconded the following resolution. RESOLUTION #83-74 RESOLUTION TO APPROVE THE QUOTATION OF WALDOR'PUMP IN THE AMOUNT OF $8,036.00 FOR THE REPLACEMENT PUMPS FOR THE LIFT STATION ON SUNSET ROAD The vote was unanimously in favort. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. The Mayor asked if there were any comments or. suggestions from citizens present. Mr. Doug Anderson, 4912 Leslie Road - complimented the City on the fantastic job it has.done at the Island Park Playground with one exception, the type of backstop that is being used. He had 17 softballs in his yard on Saturday. He spoke to Chris Bollis, Park Director, last year and there was no money available to remedy the situation. The City Manager stated that he will see what the City can do to improve the backstop. 77 May 3, 1983 TAX FORFEIT PROPERTY - DISPOSITION The City Manager explained that a lot'of work has gone into researchi~ng these properties to decide what the disposition should be. All department have been contacted and given a chance to provide input. Now they should be ready to be dealt with. Charon moved and Peterson seconded the following resolution. RESOLUTION #83-75 RESOLUTION APPLYING FOR CONVEYANCE OF TAX-FORFEITED LANDS The vote was unanimously in favor. 'Motion carried. Peterson moved and Paulsen seconded the following resolution. RESOLUTION #83-76 RESOLUTION RECONVEYING CERTAIN TAX FORFEIT LANDS BACK TO THE STATE, IF NECESSARY, AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SA'ID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS · The vote was unanimously in favor. Motion carried. Peterson moved and Polston seconded the following resolution. RESOLUTION #83-77 RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING THE SPECIAL ASSESSMENTS The vote was unanimously'in favor. Moti'on carried. HALSTED AVENUE STREET IMPROVEMENT The City Engineer reported that he has prepared a report on the upgrading of 150 feet of Halsted Ave. which lies in .the very westerly portion of the City. There are three posslbilites for this upgrading. Alternate #1 - would involve minimum grading and only a bituminous mat approximately .20 feet wide to match the existing Minnetrista paving with no curb or storm sewer. The proposed construction for this alternate would not proceed past the termination of Halsted Ave. right-of-way. Estimated Cost $5,850.00. The three property owners petitioning would each be assessed $],95o.00. Alternate #2 - This alternate would carry Alternate #] a step further, and would include making a minimum 40° cul-de-sac in the turn around beyond Lot 17 and on Lots 1, 2, and 3, Halsted Heights. This would be on private property and would require the City to acquire the land or an easement. Estimated Cost $13,625.OO. Suggested assessment: The petitioners (Lots 15, 16 & 17, Halsted Park) would be assessed $l,950.00 each; the City wou]d pay 159 of the total project and $5,730 would be assessed against Lots 1 2 and 3, Halsted Heights. Ill3 May 3, 1983 78 Alternate #3 - Si.nce there is a dedicated right-of-way to the east in Ha)sLed View, there wou)d be )33 feet across Lots 1 thru 5, Halsted Heights which would have to be acquired in order to connect the existing street to the proposed cul-de-sac. Esti~mate Cost $47,100.O0. The Engineer suggested that a greater portion of the assessment be placed against the state owned land in Halsted View since the inprovement would give this property access and make it more valuable than it is'now. They assumed· that 9 new parcels would ·be created including the three on state land. Each of the possible building sites created, except for. the state land, would be assessed 2 unit charges plus footage and area using the same dollar figures as Alternate 2. Lots 15, 16 & 17, Halsted Park would be charged $1,950.OO. If 9 new parcels'were.created,'the.thr~e parcels on state land would be.paying approXimately $8,700 each whereas the other 6 would be assessed approximately $2,535.00 each. The Council discussed all three alternates and decided to only do what has been petitioned or Alternate #1. Peterson moved and CharOn seconded the following resolution. RESOLUTION #83-78 RESOLUTION ACCEPTING THE REPORT ON ALTERNATE #1 AND CALLING FOR A PUBLIC HEARING ON THE IMPROVEMENT · OF HALSTED AVENUE The vote was unanimously in favor. Motion carried. GARDEN LEASE Charon moved and Peterson'seconded a motlon authorizing the Mayor and City Manager to.enter into a lease agreement with the Ray Kramer's for the City Land by Well #3 to be used as garden space for 1 year at a cost of $1.OO. The vote was~unanimously in favor. Motion carried. EXTENSION' OF RESOLUTION #82-84 - PRELIMINARY;PLAT APPROVAL OF LOST LAKE ADDITION Charon moved and Peterson seconded the following resolution. RESOLUTION #83-79 'REsoLuTION GRANTING AN EXTENSION OF RESOLUTION #82-84 (APPROVING THE PRELIMINARY PLAT OF LOST LAKE ADDITION FOR ONE YEAR, UNTIL APRIL 6, 1984 -- The vote was unanimously in favor. Motion carried. CABLE T.V. FRANCHISE ORDINANCE Tom Creighton, Cable Consultant, was present and explained he has tried to address problems that might come up in the future in this ordinance. He briefly went over some of the highlights of the ordinance with the Council. 79 May 3, 1983 Councilmember Paulsen moved that the following be deleted from Article IV., Section 1, subsection B - "Further, Grantee in its Offering pledged that it would not offer X-rated programming that offended the standards of decency 6f the City." He stated he was doing this because he felt by adopting this line the City was engaging in censorship. There was no second to the motion. Motion dies. Charon moved and Peterson seconded the following: ORDINANCE #446 AN ORDINANCE, INCLUDING ADDENDUM WITH EXHIBITS, GRANTING A FRANCHISE TO DOW-SAT OF MINNESOTA, INCORPORAT.ED TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR REFULATION, AND USE OF THE SYSTEM; AND PRESCRIBING. PENALTIES FOR THE VIOLATION OF 'I'TS PROVISIONS. The vote was-unanimously in favor. Motion carried. ORDINANCE AMENDMENT -.LIABILITY INSURANCE (DRAM SHOP) FOR INTOXICATING, NON-INTOXICATING LIQUOR AND WINE LICENSES The City Attorney explained that due to 1982 legislation the City should amend Chapter ll of the City Code by adding Section 11.80. Paulsen moved and Peterson seconded the following: QRD.INANCE #447 AN ORDINANCE AD~ING SECTION 11.80 TO THE CITY CODE RELATING TO LIABILITY INSURANCE FOR RETAIL SELLERS OF INTOXICATING LIQUOR, NON-INTOXICATING LIQUOR AND WINE AT ON SALE OR OFF SALE The vote was unanimously, in favor. Motion carried. STREET LIGHT POLICY The City Manager presented the Street Light Po]icy the Staff has worked up for approval. The City Attorney made 2 minor changes. Peterson moved and Polston. seconded the following resolutlon: RESOLUTION #83-80 RESOLUTION TO APPROVE THE STREET LIGHT POLICY FOR THE CITY OF MOUND The vote was unanimously in favor. Motion carried. ANDERSON BUILDING LEASE TO MIKE SMITH The City Manager explained that Mr. Smith would like to continue leasing approximately 1,OOO square feet of the Anderson Building on a month to month basis for $lOO.OO per month. Peterson moved and Charon seconded a motion to authorize the Mayor and the Manager to enter into a lease agreement with Mike Smith, DBA Smith Heating and Air Conditioning for approximately 1,OO0 square feet of the Anderson Building at a cost of $1OO.OO per month. Lease to be on month to month basis. //~/~.-- The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS · 3, 1983 Charon moved and Peterson seconded a motion to approve the bills as presented on the pre-list in the amount of $97,410.23, when funds are available. A roll call vote was unanimously in favor..· Motion carried. INFORMATION/MISCELLANEOUS a. TONKA NEWS RELEASEs - 1st Quarter Report and notice that Tonka'has retained Security Pacific Financial Services to'assist them in planning for new uses for the Tonka buildings in Mound and Sp~ing Park. The City Manager gave a brief report on his meetings With Tonka, stating · that· there are several business expressing an interest in the buildings. He also stated..tha[e:ther~"Was a meeting with CETA last week on their trai'ning and re-employment·program. At that meeting were representatives from CETA, Ind. School Dist. 277,'Tonka. Corporation, Mayor Polston and the CitY Manager. Theylall agreed to form a Community Coordinating Committee which would facilitate communications between all the involved parties. This'Committee will consist of: 1 representative from the City of Spring Park, the City of Mound, Ind.·School Dist. #277, and Hennepin Vo-Tech Schools; 2 representatives fromTonka Corporation management, Tonka Corporation employees, and Hennepln County CETA. B. LETTER FROM NSP ON REPLACING STREET LIGHTS C. LETTER ON CDBG'PROGRAM - Notice of General meeting/jobs bill. additional appropriation to CDBG Program - May 9, 1983, 1:30 P.M., Minnetonka City Hall. D. LAKE MINNETONKA TASK FORCE· DRAFT REPORT dated June, 1983 E. IND. SCHOOL DISTRICT #277 MI-NUTES'- From April 11, 1983, Meeting F.LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE - June 1"4-17, 1983 - Please let Fran know if you will be attending. G. FLYER FROM WEST HENNEPIN HUMAN SERVICES H~ LETTER ON ADULT CORRECTIONS FACILITY - decrease in rates and new billing system. I. L.M.C.D. MEMOS - On Boat Lighting and Registration, Running Lights, Agenda for the April 27th mee~.ing, Minutes of the March 23, 1983 meeting. LETTER FROM~GEN OLSON - Answer to letter City Manager wrote regarding the filing of variances and' conditionai use permits with the County. K. APPROVED PARKING LOT FOR ICE CENTER L. REPORT ON WATER PATROL FOR 1982 M. REPORT ON THE PAINTER CREEK WATERSHED REQUEST TO BE PUT ON AGENDA The City Manager reported that the TOwn Square Project representatives have asked to be put on the Agenda June 7, 1983. 81 May 3, 1983 Paulsen moved and Charon seconded a motion to put Town Square on the June 7, 1983 Council Agenda. The vote was unanimously in favor. Motion carried. SPRING CLEAN-UP QUOTATIONS The City Manager reported that we received 2 quotations for the Spring Clean-Up to be held on May 16, 17 and 18, 1983. Illies& Sons $4,800.00 Westonka Sanitation $5,1OO.OO Charon moved and Peterson seconded the following resolution. RESOLUTION //83-81 RESOLUTION-APPROVING THE QUOTATION OF ILLIES AND SONS, IN,THE AMOUNT OF $4,800.00, FOR THE SPRING CLEAN-UP TO BE HELD MAY 16, 17 & 18, 1983 The vote was unani'mously in favor. Motion carried. PARADE PERM IT The City Manager reported that'the V.F.W. has requested a parade permit for the.May 30th, Memorial Day Pacade. Charon moved and Paulsen seconded a motion to approve a Parade Permit for the May 31th, Memorial Day Parade. The vote was unanimously in favor. Motion carried. TONKA TOYS WATER METERS The City Manager reported that the Water Dept. will be upgrading the four water meters at the Tonka Toys plant. 2 bids'were received: one from Badger Meter for $1,356.69 and one from~Davies'Water Products for $1,456.O0. The City will pay.for these meters so that the City will own all rights to the meters. Polston moved and Charon seconded the following resolution. RESOLUTION //83-82 RESOLUTION TO APPROVE THE BADGER METER BID OF $1,356.69 FOR FOUR WATER METERS TO BE INSTALLED AT THE TONKA TOYS PLANT The vote was unanimously in favor. Motion carried. CDBG YEAR IX FUNDS Charon moved and Peterson seconded the following resolution. RESOLUTION //83-83 RESOLUTION APPROVING THE PROPOSED PROGRAM FOR USE OF YEAR IX CDBG FUNDS BY THE CITY AND AUTHORIZES SUBMITTAL OF THE PROPOSAL TO HENNEPIN COUNTY FOR CONSIDERATION The vote was unanimously in favor. Motion carried. Charon moved and Peterson seconded a motion to adjourn at 10:OO P.M. The vote was unanimously in favor. Motion carried. Jon Elam, City Manager .. Fran Clark, City Clerk Air Comm All Star Electric Anchor Paper Acro-Minnesota Badger Meter Holly Bostrom Burlington Northern Babler Automotive Bowman Distribution Braun Engineering Jan Bertrand Borchert Ingersoll The Brass Bell Fran Clark Dependable Services Dictaphone O & V Sa)es Fire Control Geotechnical Engineering Henn Co. Treas Hoffman Shoe Repair Henn Coop Seed Exch Henn Co. Sheriff Interntl Conf Bldg Offic. Instrumentation Serv. Lawco Co. McCombs Knutson Mound Locksmith Munitech, Inc. Metro Fone Mpls Star & Trib Mtka Boat-Auto Clean. Natl Roofing Contractors Office Products of MN Popham Haik Pitney Bowes Real One Acquisition Don Streicher Guns Stevens Well Co, Thrifty Snyder Drug V & R Heating Wurst Pearson Hamilton Waconia Ridgeview Hosp Widmer Bros Woodland Venture 96.00 474.39 174.18 238.80 848.47 266.00 533.33 1,440.O0 253.33 981.75 46.84 16.52 29.70 20.75 33.00 64.00 299.65 69.80 1,436.OO 5,397.00 4.oo 128.50 56.10 12.OO 61.00 31.60 2,411.O0 18.OO 303.40 23.60 134.4O 59.95 10.00 17O.OO 1,781.45 26.00 675.00 706.15 204.35 15.99 150.OO 6,641.89 6.88 232.00 7;50 Xerox Corp State Treas P.E.R.A. Michael Callinan Commiss of Revenue Steve Grand Griggs, Cooper Johnson Bros. Liq Mound Postmaster City of Mound Midwest Wine City of-Mound Mound Postmaster Metro Waste Control Old Peoria David Nelson Jerry Palmer Ford Charles Pugh Ed Phillips State Bank of Mound State Treas. Jacqulyn Segnor Security Alarm Unlv of MN TOTAL BILLS 48.50 1,449.76 2,462.78 50.o0 4,878.58 36.16 2,545.09 4,051.33 600.O0 35.52 563.00 252.50 118.80 26,126.47 1,349.24 67.00 17,O79.64 35.00 3,275.25 5,000.00 264.15 35.O0 386.19 11o.0o 97,41o.23 013 016 o16 019 025 028 028 031 045 o55 o58 O67 O67 067 085 O85 O88 103 lO3 112 112 118 169 169 199 211 214 214 1689 1543 1551 1673 1604 1610 17o5 1617 1742 5139 5011 1 766 1801 1921 4901 4987 5809 5960 5984 5917 5918 2259 554O 6256 2149 2136 2137 2161 91 11 01 21 11 21 61 21 71 11 61 41 31 21 11 91 91 01 81 4O 21 01 01 21 21 De]inquent water and sewer bills $ 63.68 140.89 81.73 58.28 103.74 65.58 75.06 42.61 72.58 126.72 65.38 379.36 73.88 101.19 90.64 58.48 62.26 71.4O 87.88 78.22 98.48 76.69 130.34 107.69 84.44 114~77 69.76 173.78 $2755.51 5-12-83 11 013 1689 91 11 016 1543 11 11 016 1551 41 11 019 1673 O1 11 O25 1604 21 11 O28 1610 31 11 028 1705 11 11 031 1617 21 11 045 1742 61 11 O55 5139 21 11 058 5011 71 11 067 1766 11 11 067 1801 61 11 067 1921 41 11 O85 4901 31 11 085 4987 21 11 088 5809 11 ~l 103 5960 91 11 103 5984 91 11 112 5917 t~1 11 112 5918 81 11 118 2259 71 11 169 554O 4O 11~ 169 6256 21 11 199 2149 Ol 11 211 2136 O1 ~t 214 2137 21 ~1 214 2161 21 Delinquent water and sewer bills S. Hinchclif $ 63.68JMade arrangements R. Jacobson 140.89 1543 Bluebird Ln. Do x~eer~::['ol~ ~''~..~:~? :~ ~t?~:"~?~'"':~' 8~~ ~?'7 3 ''~ ~-P a i d'?~ Byron Sieverding 58.28, 1673 Canary Ln. Roxanne Bergquist 103.74~ Made arrangements Ronald Bisek 65.58 ~ 1610 Eagle Ln. GOrdon Simons Jr. ~. 1705 Finch Ln. Barry Afflett ' 72.58, 1742 Sumach Ln. Alan ~ofstater 126.72 . 5139 Woodland Rd. Ralph Lorberg 65.38 . 5139 ~oodland Wayne Byrd 379.36, Recently sold? Doug ~ngersall 73.88 , 1801 Shorewood Ln. Jack Breazil e 101.19/ Made arrangements Thomas Hawley 58.48. 4987 Three Pts. Blvd. Resident 71.40' 5960 Sunset Rd Elmer Gunion 87.88, 5984 Sunset 5917 Gu~ood Thomas Jerde 78.22 ' Geo;~ Mill ford; '''~?'; '~'~"* ~'~; '~': ~'~ '~ '~-~ .... 76; 69 Pa~d?.~ Beckman & Hibbard Sharry Johnson M. MIttelsteadt ~Glen.~Reger:.~.i~!~?~,~:.~,:,: .... Thomas. Wood Steve Gronwold 5540 Lynwood Blvd. 130.34 6256 Lynwood Blvd. 107.69 84.44JMade arrangements Paid~- ~i~:t14:~77 ,? ~ . 69.76 Paid $40.00 t~-~/ 173.78~ade arrangements $27~5.51 $2115.88 Mound, Minnesota NOTICE OF HEARING ON PROPOSED AMENDMENT TO THE ZONING MAP AND ON THE APPLICATION FOR A CON- DITIONAL USE PERMIT FOR 3 UNIT TOWNHOUSE AND' 2 UNIT TWINHOME NOTICE IS HEREBY GIVEN thaf-on Tuesday, May 17, 1983 at 7:30 P.M. at the Mound City Hall, 5341Maywood Road, Mound, Minnesota, the City Council will hold a hearihg on the proposal to amend the Zoning Map, Mound Code of Ordinances, by removing from the Cen~r'al Business District (B-l)'and adding to the Multi-Family Residential District (R-4), the following described property: Lots 24,.25, 26 and 27, Block 3, Shirley Hills unit "F" in the City of Mound (PID 13-117-24 34 0046/0047/0048/0049) Location: Northwest corner of Wilshire Boulevard and Maywood Road. A hearing will also be held on the application for a Condition- al Use Permit for a 3 unit townhouse and a 2 uni't twinhome on the same site described above. - All persons appearing at said hearin~ will be'given an oppor- tunlty to be heard. . ' · Planning Commission Agenda CITY OF MOUND April 25, 1983. ~ase Ho. O~-IUO Case #83-108 Location:' NorthweSt corner of Wiishire Blvd. & Maywood Road Legal Desc.: Lots 24, 25, 26, 27, Block 3, Shirley Hills Unit "F" Request:Concept Plan '~i~.~' ...' Zoning Distr'ict: B-i'" Applicant: JBC dba Cradit & Associates, Inc. 9th & Sibley N. E. Minneapolis, MN. 55413 Phone: -379-4947 The applicant is requesting that the Planning Commission review his preliminary concept to construct a 3 unit townhouse and a 2 unit twinhome on the same site. We have two possibilities to consider for land density. and the R-4 Townhouse guidelines ....... . ....... ".'. The B-1 zoning district R-4 Townhouse guidelines Lot area: per unit section 23.620.5 (28) Setbacks: section 23.620.5 (2b) front - 30 feet side - 20 feet r~ar - 20 feet Parking two per unit Covenant, Ownership, Articles of Incorporation to be filed with the City and approved' by the City Attorney Height Limitations 2½ stories or 35 feet B-1 district requirements 7,500 sq. ft. minimum none required, unless abutting residential property for side & rear Section 23.716.5 (2) Mul'tiple dwellings 2½ spaces per unit, one ofwhich must be undercover none 45 feet Site Proposal 12,000 sq. ft. front 23.5 feet ~ Wilshire Blvd. front 22.0 feet ~ Maywood Road .-./--~ · : side of 4 feet rear of 6.5' feet to alley 2 per unit 5 tuckunder garages 5 off-street parking Will submit papers necessary, or replat property approx. 25 feet It would be necessary for the developer to submit drainage plans and grading to be approved by the City Engineer. The City Attorney would need to approve the covenants, articles of incorporation, or the manner of marketing the units. The land use density of the property should be considered. The developer proposes to allow 54% of the site to greenspace, 26% to parking and driveways, and 20% to the structure. The units are to be 960 sq. ft. of living area plus 480 sq. ft. of garage, storage, and laundry space in the lower level. The minimum floor area Case #83-108 Twonhouse Plan Approval the two (2) bedroom tow~house dwellings is 880 sq. ft. above grade. As you can see, if the planned units tend tO be smaller or closer to the minimum floor area, the green area of the site tends to be a larger percentage of the total land area. Even if the Planning Commission required more lot area, theoretically, the only control we would have is to require a minimum size dwelling unit. If the dwelling units were larger than the'mlnimum size unit, we would still have a smaller open space-or green area percentage. As to the zoning district provisions of the ordinance, the B-1 zoning district permits multiple dwellings by a conditional use permit. It does not allow townhouses or double bungalows in the B,1 zoning district. The site plan shows · .two structures on the parcel of land. It would.require a zoning ordinance amendment #1 to allow two structures on the same parcel.and #2 to allow a townhouse and double bungalow in the B-1 zoning district. SCHOE~LL & MADSON. INC. CASE 83-108 /1 '3 M~EMO RAN DUM TO: Planning Commission, City of Mound FROM: Mark Koegler, Consulting Planner DATE: April 20, 19 83 APPLICANT: Vogue Homes, Inc. LOCATION: Corner of Wilshire Boulevard and Maywood Road PROPOSAL: Vogue Homes is proposing to construct five townhouse units in two separate structures. The property is presently zoned B-1 and hence, the applicant is requesting an amendment to the B-1 provisions to establish townhouses as a conditional use. Concurrently, Vogue Homes, Inc. is requesting a conditional use permit. COMMENTS: The Building Inspector's report contains an analysis of the proposal so in order to avoid duplication, the planning report will not cover design details. From a planning perspective, the main issue is whether or not the land use is appropriate. The applicant is requesting an amendment to the provisions of the B-1 to conditionally permit the construction of townhouses. This request exposes two issues; the.first one pertaining to this proposal and the second affecting all-B-1 properties within the City of Mound. Regarding the first issue, the proposed use involves a change from the previously intended use of the property. In evaluating this change in use, the Comprehensive Plan should serve as the basic decision-making guide. The Mound Comprehensive Plan contains three alternatives for future land use (existing zoning, maximum development and selective development) and a proposed zoning concept map. All three of these exhibits portray the subject property as Commercial (see enclosure). The second issue has a community-wide impact. If the zoning ordinance is amended to permit townhouses as a conditional use under B-l, townhouse construction is possible on any property zoned B-1. This would open the CBD area to possible townhouse construction. RECOMb~NDATION: Planning staff recommends denial of the B-1 zoning amendment change and conditional use permit application for Mound Homes. In reviewing the site and the comprehensive plan, the property seems more suitable for commercial use than residential use. This conclusion is based on the size of the property and the surrounding land uses. For a comparison of lot area, a three-unit townhouse structure under the provisions of the R-4 section of the ordinance requires 5,000 square feet per unit. A five-unit structure requires 4,000 square feet per unit. The Mound Homes proposal provides 2,400 square feet of lot area per unit. CASE 83-108 MEMORANDUM TO: Planning Commission, City of Mound Page Two April 20, 1983 Additionally, the City of Mound should be very cautious about amending the B-1 provisions of the zoning ordinance to permit residential structures. At the present time, Mound is encouraging business development in the CBD as evidenced by the preparation of the Design Guide for Downtown Mound and the proposed tax increment projects in the area. Residential development may be inappropriate in the City's effort to enhance the commercial segment of the community. Should the City decide to approve the construction of townhouses on the site, the following requirements should be considered. Rezone the property to R-4 which permits townhouses. The apartment building on the west side of the site is presently zoned R-4. Rezoning of the Mound Homes site to R-4 would provide a contiguous zoning parcel ahd retain the existing provisions of the B-1 ordinance as they pertain to the CBD area. However, approval of this plan under the R-4 would require a ~variance to the minimum lot area requirements. The landscaping, as shown on the site plan, should be revised to show a substantial increase in. foundation plantings around the units. MINNETRISTA ORONO IIIlllil SPffiNG PARK CASE NO, 83-108 City o Mou-d Minnesob PROPOSED ZONING CONCEPT DUPLEX MULTI-FAMILY COMMERCIAL INDUSTRIAL ~WETLANDS nortl Subject Property Feb. 15, 1983 Planning Commission Minutes 4. Case No. 83-108 Concept Plan for structures proposed to be constructed vacant property at corner of Wilshire Boulevard and Maywood Road Lots 24, 25, 26 and 27, Block 3, Shirley Hills Unit F Richard Groh of Cradit & Associates, Inc., Vern A. Groves and Ray Scheeran were present relative to this request that the Planning Commission review a preliminary concept to construct a 3 unit townhouse and a 2 unit twinhome on the site which is zoned B-1 (central business). Zoning definitions were viewed. B-I zoning allows multiple dwellings by conditional use permi[~ but doesn't say anything about allowing townhouses or twinhomes. Project was discussed. Initiation of an amendment to Zoning Ordinance be required to allow ~ownhouses/twinhomes. The concensus of the Planning mission was that there is a market for this type of dwelling units, but a growing commercial area and there must be better sites than this on~ townhouse/twinhouse project. The Chairman stated he feels that the this lot should follow the criteria of the Zoni.ng Ordinance. No other action taken. April 25, 1983 Planning Commission Minutes 1. Case No. 83-108 Zoning Amendment, Conditional Use and Variance Request for Property at Wilshire Boulevard and Maywood Road Lots 24, 25, 26 and 27, Block 3, Shirley Hills Unit "F" Dr. Richard Segner, Owner; Vern A. Groves of Vogue Custom Homes, Inc.; and several unidentified persons were present regarding this application. Applicants were present with the same request the Planning Commission reviewed on February 15th relative to construction of a 3 unit townhouse and a 2 unit twinhome on the site (Northwest corner of Wilshire Boulevard and Maywood Ro~ which is zoned B-1 Central Business. At that time, they were requesting a con- cept plan and have now filed applications for Zoning Amendment'(propose change of Zoning Map to R-4 fo~ Lots 24, 25, 26 & 27, Block 3, Shirley Hills Unit "F"), Conditional Use Permit ~nd Variance Request for this project. The Planner, Mark Koegler, reviewed the request stating it would be a policy' decision; this property is on the edg~ of the B-1 District and if the Commission feels it is on-appropriate use, rezone to R-4 rather than amend the B-1 Ordinance to include this type of use. The Commission discussed various aspects of the request. Rather small parcel and each unit would have approximately 2400 square feet of lot area. (A 3 unit town- house requires 5,000 square feet of land for each unit). This site has a total of 12,OOO square feet of land area. Vargo stated it was difficult to imag.ine 5 units on this parcel; stretching # of units on parcel, and he is also against rezoning. Byrnes stated that this is prime business area. The City Manager restated the two reasons for changing the zoning: 1) ~Transition of area" or 2)'"An error was made in original Zoning" Byrnes didn't think an error had been made. Jensen stated she could not suppor~ 5 units on that tiny parcel o- too much mass. Dr. Segner commented he owns the parcel and wants to develop it. He has paid taxes for many years on a dead lot? He thinks Council will allow nothing and stated buildings in B-1 are standing empty. Vargo moved and Jensen seconded a motion to recommend dental of the requests. The vote was unanimously in favor. //~'~ City Council to be asked to set a Public Hearing date at their May 3rd meeting. : ::;-~x.J.J.i--L~ '~ CASE NO ', ~' --~! ~ CiTY OF HOUND · '7 g :.', I, 83-10~ APR ! 1983 ' . F,~?,~....~'~_..__~._j-~' APPLICATION TO PI~ANNING ~, ZONING COHMISSlON JCI?C!; i MOUNg (Please type..the following infor tion) L~gal'Des~rlptlpn of Property: Lot~ ~-~-~G-~ Block' ~. Applicant '(if other than owner): Fee paid ~,~_C,'~ o_ Date Fi led 5. TyPe. of Request: ( *If other, specify: .Ja, Present Zoning Oistr.ict .... '/~--_~_ 7. Existing Use(s) of Property (~.Varl'ance (I/) Conditibnal Use Permit ( ) Zoning Interpretation & Review ) Wetland Permit ( ) P.U.D. (1/) Amendment ~ Sign Permit )*Other 8. Has an apPllcatlon ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? A~O If so, .list 'date(s) of llSt date(s) of application, action taken and provide Resolution NO.(s) Copies of previous resolutions shall accompany present request· ! certify that all'of the above statements and the statements contained In any'required papers or plans to be submitted herewJt-h are true and accurate. I consent to the e~try in or upon the premises described in .this appl|ca~Jon by any authorized official of the City of Mound for.th~ purpose of inspecting, or of posting, maintaining and removing .such notices as may be required by law. Planning Commission Recommendation: Date Council Action: Regolutlon No. Procedure for Condltional Use Permit (2) Case ~ 83-1.08 D. Location of: Signs, easements, underground utillties, etc. £. Indicate North compass direction. F. Any additional information as may reasonably be required by the City Staff and applicable Sections of the Zoning Ordinance. · I Request for a Conditional Use A. All information requested below~ a site plan as described in Part II, and a dev. elopment schedule providing reasonable guarantees~for the completion'. of the construction must be provided before a hearing will be scheduled. B. Type of development 'for which a Conditional Use Permit is requested: 1. Conditional Use .(Specify): GW'.~"~ ~/Z"- ~u.),,l>' ~--X~ . 2. Current Zoning-and Designation in the future Land Use Plan for MOund Development Schedule: l. A development schedule shall be attached to th~s application providing reasonable guarantees for ~he completion of the proposed development. 2. Estimate of cost of. the project: 'Density (for residential developments only): 1. Number of structures: 5 2. Dwelling Units Per StructuKe: _:~'~ ~ a. Number .of type: " Efficiency 1 Bedroom 2 Bedroom ~ 3 Bedroom !Lot IV. Effects of the PropoSed Use A. List impacts the proposed use will have on property in the vicinity, in- cluding, but not limited to tKaffic, noise, light, smoke/odor, parking,. and, describe the steps taken to mitigate or 'eliminate the impacts. Procedure for Zoning Amendments (2) Case # 83-108 D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass direction F. Any additional information as may reasonably be required by the City Staff and applicable Sections III.An Amendment to .the Zoning Ordinance (Answer either. A or B below) A. It is requested that Section of the Zoning Ordinance be amended as follows: Reason for Amendment: Be Amendment to Map: It is requested that the property described below and shown on the attached site plan be rezoned' from '' ~).,~r ..... ' to . Legal description of property (lot., block, subdivision or metes and bounds) Attach additional sheets, if necessary) Reason for Amendment: ~~"-~ ~'/~- '-~'~Zz.~/~.~'~ ~~~..~'~. Note: No application of a property owner for an amendment to the text of the ordi- nance or the zoning map shall be considered by the Planning Commission within one year period following a denial of such request. May 10, 1983 Ms. Francene C. Clark City Clerk City of Mound Mound, Minnesota 55364 Dear M~. Clark: I am writing this letter to state my objection to the rezoning of Lots 24, 25, 26, and 27, Block 3, Shirley Hills 'Unit "F" in the City of Mound, Mound, Minnesota. I have been advised that there is a hearing to amend the zoning map of the Mound Code of Ordinances by removing from the central business district (B-i) and adding to the multi-family residential district (R-4) the above-described property. As President of the Herald Buildings, Inc., I wish to state that our company is against the rezoning of the above- described property as we do not think it is appropriate. Should there be other information I should have relative to this, would you kindly direct'it to me at the Herald Buildings, Inc., 412 East Wayzata Boulevard, #110, Wayzata, Minnesota 55391. Thank you for your courtesy in this matter. Yours very truly, LILLIAN VUKAS President Minnesota Pollution Control Agency May 5, 1983 Mr. Jon Elam, Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Elam: The Minnesota Pollution Control Agency (MPCA), Division of Air Quality has received correspondence from the City of Mound, dated April 26, 1983, requesting that the authority to receive applications and issue open burning permits be delegated to Mr. Robert Cheney, Chief of the Mound Fire Department. Agency staff have chosen to deny your request at this time, due to the fact that the Mound City Council has not adopted an ordinance designating Minn. Rule APC 8 as the guideline to be used in issuing open burning permits. Although Minn. Rule APC 8 already has the force of law in the State of Minnesota based upon Minnesota Statute 116.07, passage of such an ordinance enables the City of Mound to develop uniform guidelines for the issuance of open burning permits as well as the ability to locally enforce Minn. Rule APC 8. Therefore, the MPCA will hold your request for delegation of the authority to receive applications and issue open burning permits until such time as the necessary ordinance is passed and a copy submitted to the Agency. It is the hope of the MPCA, that the City of Mound will choose to pass an ordinance adopting Minn. Rule APC 8. In order to assist you in drafting such an ordinance, I am enclosing a copy of an ordinance submitted by the City of Orono for the same purpose. If you have any questions in this matter, please contact me at 296-73O0. Regulatory Compliance Section Division of Air Quality RTB/mp 1/z/ Phone:. 1935 West County Road B2, Roseville, Minnesota 55113-2785 Regional Offices · Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer April 26, 1983 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. Raymond Bissonnette Division of Air Quality Minnesota Pollution Control Agency 1935 W. County Road B2 Roseville, MN. 55113 Dear Mr. Bissonnette: The City of Mound, through its City Council, hereby requests that Mound Fire Chief Robert Cheney be authorized to accept "open burning" .applications and issue "open burning" permits. Enclosed are the minutes designating Mr. Cheney. The Council declined to formally passing an ordinance, feeling it wasn't necessary. Hopefully, this should complete this activity. Sincerely, JE:fc enc. ORDINANCE N0.~448 AN ORDINANCE ADDING SECTIONS 25.11, 25.11.1, AND 25.11.2 TO.THE CITY CODE RELATING TO ISSUANCE OF BURNING PERMITS The City.of Mound does ordain: Section 25.11 is hereby added to.the City Code and shall read as follows: 'Section 25.11 Open Burning Prohibited. It shall be unlawful,. a violation of this ordinance and a'misdemeanor for any person to start or allow to burn any open fire on any property within the City of Mound with- out a permit, except for supervised recreational or cooking fires contained within approved fire rings,'pits~-or...barbecue grills. Any person, persons, firm or corporation who shall fail to comply with any · order given under the terms of this ordinance, or who'shall in anyway violate any of the'provisions or requirements of this ordinance, shall be guilty'of a misdemeanor and, upon conviction thereof shall be punished by a fine not to exceed $500.00 or by imprisonment for not to exceed 90 days, or both; Section 25.11.1 is h&reby'added to the City Code and shall read as follows: Section 25.11.1 Rules adopted .by Reference. Chapte.r Eight, State of Minnesota Air Pollution Control Rules 'Current Edition as amended May 13, 1976 is hereby adopted by reference and is made a part of this o~dinance as if fully setforth herein, three copies are on file with the City Clerk in the City of Mound. Any violation of the Chapter herein adopted by reference is a violati.on.of this Ordinance. Section 25.11.2 is. hereby ad~e.~...t~..~he...~jt¥. Cp~e~..and shall read as follows: Section 25.11.2 Person Designated to Issue Permits. The Mound Fire Chief is hereby authorized to.issue permits under this ordinance, and may establish reasonable permit conditions for open burning consistent with the rules adopted herein. The signature of the Fire Chief is necessary for a permit to be issued. r~ 1~¥ 121~ ~11 ~"Y OF MOUND APPLICATION FOR CHARITABLE ORGANIZATION 3.2 BEER PERMIT l. Name of Organization j~/~,,...~_.~, doL- F~-~- D~'7~-~ ~. Aadress of Organization ~¢~3- ~/~At~ ,., J/~J. ,,, . 3- Name of Person Applying for Permit ,,~ Organization Title of Person Applying for Permi4- ~_~[a~' 5. Dates Permit Will Be Used: From~-~_~.~ 1o 19 ~ To.-/~'~,~ 6. Address at which Permit will be used~,~/.6- 7. Does the Organization Carry Liquor Liability Insurance 8. If answer to No 7 is YES, please list: (a) Name of Insurance Company (~) Amount of Coverage 9. If this application to sell 3.2 Beer is on property owned by a public agency other than the City of Mound, written notice from the public agency giving permission for such sales must accompany thlsapplicatlon? (a) Is such written permisssion attached ? 10. tf this' application is a request to sell. 3.2 Beer on City property, the City requires Liquor Liability Insurance with limits/o~ $300,00~, ~::-~/~pp 3o73 ///2 WILLIAM R. KOENIG JAMES G. ROBIN PETER W. JOHNSON JOHN W. WOOD, JR. LBGAL ASSIS~AIq'F: JOANN B. JACOB LAW OFFICES KOENIG, ROBIN, IOHNSON & WOOD 2305 COMMERCE BLVD. MOUND, MINNESOTA 55364 ((H2) 472-I060 240 CENTRAL AVENUE OSSEO, ~INNESOTA 55369 (612) 424-~6~2 REPLY TO: bIound May 11, 1983 City of Mound 5341 Maywood Road Mound, MN 55364 Attn: John Elam Dear John: Enclosed is an executed Option Agreement regarding the City of Mound, Mound Trolley Boat Center, Inc. I believe you have the $500 option check. Very truly yours, KOENIG, ROBIN, JOHNSON & WOOD William R. Koenig ~,~, WRK/ms Enc/ If not, please call. OPTION CONTRACT For and in consideration of the sum of Five Hundred and no/100 Dollars, to, the City of Mound paid, the receipt of which is hereby acknowledged, the said City of Mound hereby grants unto Mound Trolley Boat Center Inc. an Option for 90 days, from the 19th day of April, 1983, to purchase for the sum of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00) the following described lands situate in the County of Hennepin and State of Minnesota, to-wit: Lots 35 and 37, Auditors subdivision Number 170, subject to the following terms and conditions, to-wit: 1. The parties to this agreement have exchanged various documents and have made offers and counter-offers, none of which have been executed by both parties. It is the intent of this option contract to establish the entire agreement or understanding of the parties as of the date this document is executed. Any offers, counter-offers, city council resolutions, or other understanding other than those specifically set forth in this Option Contract arei~null and void. 2. This Option Contract shall be executed by the City of Mound, who claims to be the fee owner of the above described parcel and is in the process of registering the property in the office of the Registrar of Titles of Hennepin County. The option contract shall be executed by all necessary officers of Mound Trolley Boat Center Inc. and the consideration shall be delivered to the City at the time of execution. 3. The $500 paid as consideration is not refundable and hereby becomes the property of the City of Mound. Said money is not applicable towards the purchase price of the property. 4. Mound Trolley Boat Center Inc. may become a defendant or may~ be named as an interested party in the property registration action.~f~, · ~ They hereby agree that they will not oppose the City s efforts to j ~ register the property~[~d wi~ ~,'.~:- =;;~;~Li;m:~ri~e~l~l ~rd~, 5. If Mound Trolley Boat Center Inc. exercises its option to purchase this property, the terms shall be as set forth in the purchase agreement attached hereto and made a part hereof (Exhibit A) as if said document were recited in full herein. 6. Mound Trolley Boat Center Inc. shall signify its intention to take or reject the property by due notice in writing within the time above specified, and a failure to serve such notice within the time specified shall terminate this Option without further action, time being the essence of this agreement. Said written notice of acceptance or rejection shall be filed with Mr. Jon Elam, City Manager, 5341 Maywood Road, Mound, MRq 55364 on or before 12:00 Noon, July 18, 1983. If no written acceptance is filed by said time and said date, this contract is null and void. 7. In case said notice shall be served in due time, then 30 days shall be given in which to prepare deeds and other closing documents and to close the sale. CITY OF MOUND Its Mayor %ts City Manage~ MOUND TROLLEY BOAT CENTER INC. Its STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 25th day of April , 1983, by Robert Polston and Jon Elam, ~Mayor and City Manager of the City of Mound, Minnesota, on behalf -of said municipal corporation. STATE OF MINNESOTA) )SSo COUNTY OF HENNEP IN) ~.-,<:~'~;~ DELORIS D SCHWALBE J: ~'~.._.~i.jt~jj NOTARY PUBLIC MINNESOTA ~J[~ HENNEPIN COUNTY ~ "~'~.[.'"~ My Corem ssion Exmre'.~ Aug 18 ~gtJ~ The foregoing instrument was acknowledged before me this //~. day of ~~4 , 1983, by /~9,/-~f~z~-~' ~-uc/¢-~ and ~'//~'~ ~. ~/'~ , of Mound Trdlley Boat Cent&r Inc., a Minnesota co~oration, on be~lf of the ~orporation. 4~ =, ~ NOT~Y PUBLIC:- I~iNNESOTA ~ HENNEPIN COUN~ ~ ~ f~y Commission Expires JuDy 13, 19S8 ~ CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: DATE: SUBJECT: Jon Elam, Ci'ty Manager Jan Bert,rand, B'ui'ldl'ng Official May, 11, 1983 License Fee Refund ~ fee] Mr, ~at$on should receive a refund of $205.00 for his restaurant and dance hall. l~censes. Due to the conditional use perm?t den!'a], ~t. made ,it impossible for him to operate a restaurant and dance hall. Mr, Watson, however, d~d fail to f~le for four (4) additional arcade machine li'censes. He had ten (]0) machine license and plaoedfourteen [14) machines on the p~emises. The fee for "games of sk~ll~' l's $25,00 each ($]00.00). I also feel Mr. Watson was negli'gent ~n obtai'n~ng his business licenses with the C~ty, JB/ms II?l May 16, 1983 CITY of MOUND ITEM 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY MANAGER Tom Watson has requested a refund on his application for a Dance Permit and a Restaurant License. Since these could not be approved due to the denial of the Conditional Use Permit., I think the request is probably in order, minus $I00.00 for the four video machines he had that were not licensed. Attached is the letter from Mrs. Moy's attorney pointing out that he has been legally evicted from the site. JE: fc 1172-A May 11, 1983 REED & POND ATTORNEYS AT LAW 15424 SHORELINE BLVD. P. O. BOX 157 MOUND. MINNESOTA 5S364 PAUL. i. POND City of Mound 5341 Maywood Road Mound, MN 55364 ATTN: Mrs. Fran Clark RE: Bo Shun Moy and Fin Yin Moy vs. Thomas L. Watson Dear Fran: Confirming our telephone conversation of May 11, 1983, as of May 1, 1983 Thomas L. Watson has no lessee's interest in any property owned by the Moys. Specifically, the properties covered by leases which have been cancelled by the Moys effective May 1, 1983 are as follows: 5559 Shoreline Blvd., a space approximately 30 x 40 feet with adjoining restroom area, street level together with storage room beneath said space approximately 20 ft. by 30 ft. City of Mound. The street level garage area facing on Auditor's Road being, all the street level area south of that portion of the building thereon presently occupied by House of Moy and east of that portion of the building thereon presently occupied by Thomas L. Watson under a lease effective April 1, 1982. City of Mound. 5558 Auditor's Road,*a space approximately 14 x 40 = 560 sq. feet; 15 x 18 = 270 sq. feet; total: 830 square feet. City of Mound. Very truly yours, ~'~'"'/" f. Pond PLP:jh cc: Mrs. Fi Yin Moy CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: Jon Elam, City Manager FROM: Jan Bertrand, Building Inspector SUBJECT; Refund request from Vern Veit, Lost Lake Zoning Amendment DATE: May 13, 1983 Attached please find a copy of a refund request from LaVern Veit in the amount of $100.00. The requested zoning amendment to allow twinhomes in the Lost Lake Subdivision went to the Planning Commission but was denied and then the request was withdrawn. The City Planner did make recommendations to the Planning Commission; his bill to the city was $70.00 for the report. There was not public hearing advertized nor did the City Council hear the request. If the city would like to cover their contract eXpense, I would only recommend refunding $30.00. Bertrand May 16, 1983 CITY of MOUND ITEM #10 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: RE: CITY MANAGER REQUEST FOR REFUND There is no basis to grant this refund. The applicant applied for a rezoning, it was denied and now the applicant wants a refund. We incurred legitimate costs reviewing and to refund application fees when an application is rejected hardly makes sense or is good policy. JE:fc l173-A //?~/ CITY OF MOUND · CASE NO. 83-110 APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Street Address of Property. Metes and Bounds Description Legal DesCriptl.on of Property: Lot ~,~ j~ _ Addition Auditor's Subdivision No. 170 Fee Paid /~ ,' .,_~ _ Date Fi led ~L - ~'- ~' Block PID No. 24-117-24 22 0018 ~/'7 ~ - /Yum. · Day Phone No. ~/7~ - z~,;~',)/ Applicant (if other than owner): Name 'Day .Phone No. -Address Type. of Request: (.)' Variance ( ) Conditibnal .Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. Amendment ~ Sign Permit )*Other *If other, specify: ", Present'Zoning Distr.ict ?. 'Existing Use(s) of Property Has an application ever been made for zoning, var'iance, or conditional use permit or other zoning procedure for this property? ~-- If so, lis~ date(s) of list date(s) of application, action taken and provide Reso)utlon No.(s) Copies of previous resolutions shal) accompany present request. I certify that all'of the above statements and the statements contained In any required papers or plans to be submitted herewith are true and accurate.. I consent to the eh.try in or upon the premises described in .this application by any authorized official of the'City of Mound for the' purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Signature of Applicant ~..~-( '::;~ ~,~-- Date ~, .~', '/ Planning Commission Recommendation: Date CoJncil Action: Re~olutlon No. for Zoning Amendments (2) Case // 83-110 LAND OEPT AUDI'rOR'S SUB3IVISION NO. 170 ZDE DEVELOPERS 006.04 277 :3 Et. SOtl 5'I'AI'U5: CURRENT L S9 ~'.OOO D~ T PART OF 1HE N (,~7.~ FT OF LOT B SHIRLEY HILLS UMZT D LYING ~ OF TH~ E:<T OF THE S LINE OF LOT 1~ SHIRLEY HILLS UliZT D ALSO THAT PA~T llJE J~ 637.5 FT OF LOT ~ AUD SUBD NO 170 LYZI<S S OF Tile liLY EXT OF 'TNE I~;[~ OF LOT !3 51¢IRLEY IJILL5 UF:IT D ALSO I'tIA'F PART OF LOTS 19 AND 20 Aug I) ~.:0 !70 DES A5 FOLLO',~S DEG AT THE 1NTE~ZU~CTION OF THt] E LINE O~ LOT 20 D .':'bD SU[IP t<O 1~0 NITII Tlt~ NLY EXT OF TH~ S LINE OF LOT 13 OF SIIZRLEY L9 UHIT D 'FH 0]~ AN A[;SUIqED BEAZI~G OF ~4 PA~ kiI'rll THE N LIt;S OF SAID LOT .:, DIS OF Si FT Ti{ S q6 OEG N 05 FT TH S qO DEG N 12~ FT TH S ~2 DEG N FT 'IH S ~7 DE~ E 89 FT TII S 8 DSG E 201 FT TH S i9 DEG N 67 FT TH 1 OEO l~ 50 F'I' l'H S 63 DEG 30 MIR N 59 F'T 'FH S 5 DEG 30 ~IN IR 120 FT TO H~.LY EXT OF T!4E HI.Y L~NE OF LOT ~8 SAID AUD SUB NO 170 TH ttELY ALONG 0 E>~ TO TME N LINE OF LOT 20 AUD SUBD NO ~70 TH SLY AI.OHG SAID N LINE THE SH CDR OF LOT 20 TH RELY ALONG TflE SLY LIllE OF LOT 20 TO THE ,INE OF LOT 20 l'tl ~I ALOMG SAI0 E LINE TO TIlE POINT OF BEG ALSO LOT 28~ 50 AND 3~ OF THE BARTLETT PLACE UPPE~ LAKE MIKNE'FONKA ALSO TflAT PART LOT 32 OF THE BARTLETT PLAC~ UPPER LAKE MINIIETONKA LYING E OF A LIN~ RUN tM THE NN CDR OF,SAID LOT 52 TO A POZI~T ON THE SLY 1.1NE OF SA~B LOT 32 ~!S OF 20 FT NELY FROM TttE 5'N CDR THOF 61290 2q-117-24 22 Legal Description for Case No. 83-110 Be Amendment to Map: It is requested that the property described below and shown on the attached site plan be rezoned from Address of Property: ~ _~,~' ~ ~~4[r~ ~(~ Legal description of property (lot, block, subdivision or metes and bounds) Attach additional sheets, if necessary) Note: Present Use of Property: · Reason for Amendment: No application of a property owner for an amendment ~o the ~ex~ of ~he ordi- nance or the zoning map shall be considered by the Planning Commission within one year period following a denial of such request. McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS · LAND SURVEYORS · PLANNERS May 11, 1983 Mr. 3on Elam City Manager City of Mound 5341Maywood Road Mound, MN 55364 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Subject: Dear Oon: City of Mound 1983 Street Repairs File #6796 Enclosed are the cost estimates for each of the miscellaneous repair proj- ects which the City is planning to do this summer. Also included is the Adver- tisement for Bids. The following is a summary of the estimated construction cost of each section. Section i - Bituminous Overlay on Cemetery Road 5,960.00 Section 2 - Bituminous Replacement, Ridgewood Road (Watermain Break) $ 5,910.00 Section 3 - Bituminous Curb Replacement $ 10,430.00 Section 4 - Basketball Court, Brookton Park $ 1,500.00 Section 5 - Concrete Curb and Gutter Replacement $ 3,060.00 Section 6 - Sidewalk Construction, County Road 15 $ 4,460.00 Section 7 - Halsted Avenue Street Improvement, Alternate 1 $. 5~850.00 TOTAL ESTIMATED COST, SECTIONS 1 - 7 37,170.00 As you will note, we have included the proposed improvements on Halsted Avenue, even though the public hearing has not been held. This was done in an- ticipation of receiving a lower price since it will be included in the larger project. The project will be bid so any of the sections may be deleted from the final contract. Bids are scheduled to be opened on Oune 6, which would al- low the Council to consider them at their regular meeting on the 7th. If you have any questions or need additional information, please do not hesitate to contact me. Very truly yours, 3C:sj //72 Enclosure McCOMBS-KNUTSON ASSOCIATES, INC. printed on recycled paper SECTION 1 Bituminous Overlay on Cemetery Road Cut and Patch A~_~roximatel~ 360 S.F. 4" Bituminous Base Mn/DOT 2331 Bituminous Tack Coat Mn/DOT 2357 l-l/2" 8it. Overlay Course Mn/DOT 2341 Subtotal Contingencies TOTAL ESTIMATED CONSTRUCTION COST l0 TONS $ $40.O0/TN: $ 400.00 85 GAL. ~ $ 1.40/GA = $ llg.00 140 TONS ~ $35.00/TN = $4,900.00 $ 5,419.00 541.00 $ 5,960.00 SECTION 2 Replace Bituminous Mat From Watermain Break on Ridgewood Road Remove Additional Bituminous and Gravel and Finish Grade approximately 4300 S.F. 4" Bituminous Base Mn/DOT 2331 2" Bituminous Wear Mn/DOT 2341 Subtotal Contingencies TOTAL ESTIMATED CONSTRUCTION COST .LUMP SUM $ 500.00 115 TONS ~ $28.00/TN = $ 3,220.00 55 TONS $ $30.O0/TN: $ 1~650.00 $ 5,370.00 540.00 $ 5,910.00 SECTION 3 Bituminous Curb Replacement Remove & Replace Broken Curb Contingencies TOTAL ESTIMATED CONSTRUCTION COST 1580 L.F. $ $ 6.00/LF = $ 9,480.00 950.00 $10,430.00 printed on recycled oaper SECTION 4 BasketOall Court - Brockton park Grade & Prepare Site 2" Bituminous Wear Mn/DOT 2341 Subtotal Contingencies TOTAL ESTIMATED CONSTRUCTION COST LUMP SUM $ 400.00 30 TONS $ $32.00/TON = $ 960.00 $ 1,360.00 140.00 $ 1,500.00 SECTION 5 Concrete Curb Replacement Remove & Replace Concrete Curb & Gutter Remove & Replace Concrete Driveway Apron Cut Out and Patch Approximately 350 S.F. Bituminous Street 5" Bituminous Wear Mn/DOT 2341 Subtotal Contingencies TOTAL ESTIMATED CONSTRUCTION COST 140 L.F. $ $15.00/LF : $ 2,100.00 20 S.F. ~ $10.O0/SF : $ 200.00 12 TONS ~ $40.O0/TN = $ 480.00 $ 2,780.00 $ 280.00 $ 3,060.00 SECTION 6 Sidewalk Construction, County Road 15 6" Concrete Sidewalk Concrete Curb & Gutter, Adjust Gate Valve Adjust Curb Stop Design D412 . Subtotal Contingencies TOTAL ESTIMATED CONSTRUCTION COST 990 S.F. e $ 3.50/SF : $ 3, 42 L.F. ~ $ 8.00/LF = $ 1 EACH e $150.O0/EA= $ i EACH ~ $100.O0/EA= $ 465.00 336.00 150.00 100.00 $ 4,051.00 409.00 $ 4,460.00 // 2 ~ printed on recycled paper Cost Estimate Alternate No. I Common Excavation 3-1/2" Bituminous Base Mn/DOT 2331 1-1/2" Bitu~nous Wear Mn/DOT 2341 Bituminous Tack Coat Adjust Manhole Adjust Gate Valve Clean North Ditch Restoration 50 C.Y. · $ 5.00/CY $ 250.00 70 TON 0 $ 28.O0/TN 1,960.~ ]0 TON ~ $ 32.00/TN 960.1313 17 GAL ~ $ 2.00/GA 34.00 2 EACH ~ $150.~/EA 300.C~] 1 EACH ~ $150.O0/EA 150.00 Lump Sum 300.00 Lump Sum 300.00 Contingencies 426.00 Total Estimated Construction Cost ........................... $4,680.00 Engineering, Legal, Fiscal & Ad,%tr~tstrative Costs ........... $1tlTO.O0 Total Estimated Cost ........................................ $5,850.00 Advertisement for Bids -Mound, Minnesota 1983 Street Repair Project File ~6796 Sealed proposals will be received, publicly opened, and read aloud at 10:30 a.m., Monday, Oune 6, 1983 at the City Hall, Mound, Minnesota for street repair. Work consists of approximately 465 tons of bituminous mixture, 1580 1.f. bituminous curb, 182 1.f. concrete curb and gutter, and 1000 s.f. concrete sidewalk and aprons. The proposals will be considered by the City Council at their meeting on Oune 7, 1983. All proposals shall be addressed to: Mr. 3on Elam City Manager City of'Mound 5341 Maywood Road Mound, MN 55364 and shall be securely sealed and shall be endorsed on the outside with the statement "PROPOSAL'FOR STREET REPAIR RROOECT" and shall be on the Proposal form bound into the specifications for the project. Copies of the plans, specifications, and other proposed contract documents are on file with the City Clerk and at the office of McCombs-Knutson Associates, Inc., 12800 Industrial Park Boulevard, Plymouth, Minnesota 55441. Plans and specifications for use in preparing bids may be obtained at the office of the Engineer at the above address upon deposit of $20.00. the full amount of the deposit for one set will be refunded to each bidder who has made a deposit and has filed a bid with the Owner, upon return of the plans and specifications within ten (10) days after the bids are opened. Each bidder-shall file with his bid an acceptable certified check or bidder's bond in an amount of not less than ten percent (l~) of the total amount of his bid. No bid may be withdrawn within sixty (60) days after the bids are opened. The City of Mound reserves the right to reject any and all bids and waive any informalities or irregularities 'therein. CITY OF MOUND, MINNESOTA ATTEST: gran Clark, City Clerk _ Date: May 17, 1983 By: Robert Polston, Mayor ONOWO LLI I- UJ 0 ONO~O LLI 0 W ~ 0 I f I I I ONO~O UJ 0#0~0 0 rr ONO~O uJ May 16, 1983 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CBD PARKING COMMITTEE FROM: CITY MANAGER, JON ELAM~ I noticed this Spring that the CBD Parking Lots along the West side of Commerce Blvd. were in pretty rough shape. That probably shouldn't be a surprise since they haven't been seal coated or overlaid since they were installed. After wa]king over them with the City Engineer, I think we need to do some work on them this Summer so they don't break-up further next year. As you will note, the cheapest way to do this would be to add it onto the other City work being undertaken. Please let me know your thoughts on the need to do the work and the approach I am suggesting. JE:fc May 3, 1983 McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS · LANO SURVEYORS · PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Mr. Son Elam City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subj eot: C.B.D. Parking Lot Westside of Commerce Boulevard #6797 Oear Oon, As requested we have inspected the condition of the bituminous pavement in the C.B.D. parking lots behind the business on the west side of CSAH llO from the railroad south to the church property. There are two sizable areas and a small spots which should be cut out and patched along with some overlay 3rk. The entire area should then be sealcoated. From the information we have been able to gather it appears the major portion of this area was paved in about 1970 and has never been sealcoated. The original plans show this as a 6" mat, therefore with some maintenance it should last a number of years. The area between the bank and drug store and the most southerly portion next to the church property is evidently older than 1970. The following is a cost estimate for patching approximately 2700 S.F., overlaying approximately 2000 S.F. and a seal coat on the entire area. If the City were to furnish the sealcoat aggregate as they have for the City streets, a small saving could be realized there. We have not included any cost for striping the parking spaces. C.B.D. Parking Lot Cut and Patch Areas - Part 1 Excavation 50 C.Y $ $ 7.00/CY $ 350.00 4-1/2" Bituminous Base Mn/DOT 2331 80 TON $ 30.O0/TN 2,400.00 l-l/2" Bituminous Wear Mn/DOT 2341 30 TON $ 34.00/TN 1,020.00 Bituminous Tack Coat 15 GAL $ 2.00/GA 30.00 Total - Part 1 .................. - ................................ $3,800.00 Bituminous Overlay - Part 2 il-l/2" Bituminous Wear Mn/DOT 2341 20 TON $ 34.00/TN Bituminous Tack Coat l0 GAL ~ 2.00/GA Total - Part 2 .................................................. $ 680.00 20.00 700.00 Seal Coat - Part 3 ~gregate 125 TON ~ 13.50/TN $1,687.50 Emulsion ' 2440 GAL ~ 0.87/GA 2,122.80 Total - Part 3 .................................................. $3,810.30 TOTAL - PARTS 1, 2 & 3 .......................................... $8,310.30 If the City wishes to proceed we should find someone to do the patching and overlay work and talk to the low bidder on this years seal coat program about adding this portion to his contract. Enclosed is a copy of the original paving plan with the major areas of repair indicated. If you have any questions or need additional information, please contact me. Sincerely, McCOMBS-KNUTSON ASSOCIATES, Inc. prir~tt;d on recycled paper SPECIFICATIONS FOR 1983 STREET REPAIR PROOECT CITY OF MOUND, MINNESOTA May, 1983 I hereOy certify that this specification was prepared by me or under my direct supervision and that i am a duly Registered Rro- fessional Engineer under the laws of the State of Minnesota. 5/11/83 ............................................ Reg. No. 6683 Charles J. Wilson, P.E. I I I I I i I I I I I I AOvertisement for BiOs Mound, Minnesota 1983 Street Repair Project File #6796 Sealed proposals will be received, publicly opened, and read aloud at 10:30 a.m., Monday, Oune 6, 1983 at the City Hall, Mound, Minnesota for street repair. Work consists of approximately 465 tons of bituminous mixture, 1580 1.f. bituminous curD, 182 1.f. concrete curb and gutter, and 1000 s.f. concrete sidewalk and aprons. The proposals will de considered by the City Council at their meeting on 3une ?, 1983. All proposals shall be addressed to: Mr. 3on Elam City Manager City of Mound 5341Maywood Road Mound, MN 55364 and shall De securely sealed and shall De endorsed on the outside with the statement "PROPOSAL FOR STREET REPAIR PROOECT" and shall be on the Proposal form bound into the specifications for the project. Copies of the plans, specifications, and other proposed contract documents are on file with the City Clerk and at the office of McCombs-Knutson Associates, Inc., 12800 Industrial Park Boulevard, Plymouth, Minnesota 55441. Plans and specifications for use in preparing bids may De oOtained at the office of the Engineer at the above address upon deposit of $20.00. the full amount of the deposit for one set will De refundeO to each bidder who nas made a deposit and has filed a Did with the Owner, upon return of the plans and specifications within ten (10) days after the bids are opened. Each bidder shall file with his bid an acceptable certified check or bidder's bond in an amount of not less than ten percent (lO~) of the total amount of his Did. No bid may be withdrawn within sixty (60) days after the bids are opened. The City of Mound reserves the right to reject any and all b£ds and waive any informalities or irregularities therein. CITY OF MOUND, MINNESOTA ATTEST: Fran Clark, City Clerk Date: May 17, 1983 By: Robert Polston, Mayor SECTION 1 INSTRUCTIONS TO BIDDERS 1-1 PROPOSALS: Each Proposal shall be typed or written in ink on the Proposal ~orm provided by the Owner. No alterations in proposals, or in the printed forms therefore, by erasures, inter- polations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder. Acknowledgement of ~11 Addenda to the Contract Documents shall be made on the Proposal form. In case of a difference between the stipulated amount of the proposal written in words and the stipulated amount written in figures, the amount written in words shall govern. No bidder may submit more than one proposal. Two proposals under different names will not be accepted from one firm or association. 1-2 PROPOSAL GUARANTEE: Each proposal shall be accompanied by a bid security in %he amount stated in the Advertisement for Bids. The Proposal Guarantee shall be made payable without condition to the Owner, and the amount of the said Proposal Guarantee shall be forfeited to the Owner as liquidated damages if the Proposal covered thereby is accepted and a contract based thereon is awarded and the bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties, within twenty (20) days after such award is made by the Owner. 1-3 RETURN OF PROPOSAL GUARANTEE: The Proposal Guarantee deposit of each unsuccessful bidder will be returned when his proposal is rejected. The Proposal Guarantee deposit of the successful bidder to whom a contract is awarded will be returned when he executes a contract and files a satisfactory bond. The proposal deposit of the second lowest responsible bidder may be retained, pending the execution of the contract, provided this period does not exceed sixty (60) days. 1-4 WITHDRAWAL OF BID: No bidder may withdraw his proposal for a period of ~ixty (60) days after the date and hour set for the opening. A bidder may, upon his written request, withdraw his proposal at any time prior to the deadline for submission of bids. 1-5 ACCEPTANCE AND REJECTION OF BIDS: The Owner reserves the right to accept the bid which'", is the lowest and best bid; to award the contract by sections; to reject any or all bads; and to waive irregularities or informalities in any bid. Bids received after the specified time of closing will be re%urned unopened. 1-1 I ! I I i I ! I ! I I I I ! 1-6 SIGNATURE OF BIDDERS: Each bidder shall sign his proposal using his usual signature and giving his full business address. Bids by partnerships shall be signed with the partnership name followed by {he signature and designation of one of the partners or other authorized representative. Bids by corporations shall be signed with the name of the corporation followed by the signature and designation of the person authorized to bind the corporation. 1-7 INTERPRETATION OF CO~TRACT DOCUMENTS: If any questions should arise as to the true meaning of' any part of the plans, specifications, or other proposed contract documents the pro- spective bidder may submit a written request to the Engineer for an interpretation thereof. The interpretation of the proposed contract documents will be made by addendum. A copy of each addendum will be mailed or delivered to each person obtaining a set of contract documents from the Engineer. 1-8 LOCAL CONDITIONS AFFECTING WORK: Each bidder shall visit the site of ~he work 'and shall thoroughly and fully inform himself relative to construction hazards and procedure, labor, and all other conditions and factors, local and otherwise, which would affect the prosecution and completion of the work and its cost. Such considerations shall include the arrangement and conditions of existing structures and facilities affecting, or which are affected by, the proposed work, the procedure necessary for maintenance of uninterrupted operation of existing facilities, the availability and cost of labor, and facilities for trans- portation, handling, and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of the bidder's proposal. There will be no subsequent financial adjustment to any contract for lack of'such prior information or its effect on the cost of the work. 1-9 PAYMENTS: Payment for all work performed under the proposed contract will b% issued and paid as provided in the General Con- ditions. 1-10 TIME OF COMPLETION: The time of completion is an essential part of the contract and it will be necessary for each bidder to satisfy the Owner of his ability to complete the work within the allowable time. In this connection, attention is directed to the provisions of the General Conditions and Special Conditions relative to delays, completion date, extensions of time, and liquidated damages. 1-11 QUALIFICATIONS OF BIDDERS: Bidders may be required to submit satisfactory evfdence that they have a practical and technical knowledge of the particular work bid upon and that they have the necessary financial resources to complete the proposed work. 1-2 Each bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No bid submitted by a bidder who is engaged on any work which would impair his ability to finance the work covered by such bid or to provide suitable equipment for its proper prosecution and completion, will be accepted. A bidder will be disqualified for any of the following reasons: Submission of more than one proposal for the same work, collusion, unbalance bids or failure to submit a price for each item of work called for in the proposal. 1-12 PERFORMANCE BOND: Each bidder to whom a contract is awarded will be required to furnish a performance bond to the Owner in an amount equal to one hundred (100) percent of the contract price as required by law. 1-13 NON-DISCRIMINATION IN EMPLO~,~NT: Contracts for work under this proposal will obligate t~'e contractors and all sub- contractors not to discriminate in the employment of common o~ skilled persons who are citizens of the United States and quali- fied to do the work required because of their race, creed or color. Any violation of these provisions shall be a misdemeanor and this contract may be cancelled or terminated by the munici- pality and all money due or to become due will be forfeited for a second or any subsequent voilation of the terms or conditions of the contract. 1-3 To: NOTICE OF AWARD Project Description: The OWNER has considered the BID, dated , 19... , submitted by you for the above described WORK in response to its Advertisement for 8105 and Information to Bidders. You are hereby notified that your BID has been accepted for items in the amount of $ . You are required by the Information to Bidders to execute the Agreement and furnish the required CONTRACTOR'S 80ND and CERTIFICATES OF INSURANCE within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BOND within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S BONO. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , 19 By: McCombs-Knutson Associates, Inc. For: Owner ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by: this day of , 19 By: Title: Notice of Award - Municipal Page 1 of 1 NOTICE TO PROCEED Date: To: iProject: You are hereby notified to commence WORK in accordance with the Agreement dated , 19 , on or before , 19 , and you are to complete the WORK within consecutive calendar days thereafter. The date of complete of all WORK is therefore , 19 . By: McCombs-Knutson Associates, Inc. For: Owner 19 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEEO is hereby acknowledged by , this day of By: Title: Notice to Proceed Page 1 of 1 CONTRACT THIS AGREEMENT, made this~day of 19___by and between the City of , Minnesota, a municipal corporation, party of the first ! I I part and hereinafter called the Owner, and , a Minnesota corporation, party of the second part and hereinafter called the Contractor. THE CONTRACTOR did on , 19__, submit a proposal for as detailed on certain plans and specifications prepared for the Owner by ! ! McCombs-Knutson Associates, Inc., Engineers and Surveyors, and entitled " ", previously filed with the City Clerk. A copy of the proposal is attached hereto and made a part hereof. ! ! ! i i ! IT iS mutually understood and agreed by the parties hereto that the resolu- tion ordering the construction of the improvements, the notice inviting con- tractors to bid as published, the instructions to bidders, the forms of proposal, and construction bond, and the general detailed plans and specifica- tions and Addendum ( ) are a part of this contract the same as if each had been fully set out and attached hereto. IN CONSIDERATION of the following mutual agreements and covenants to be kept by each party, the Contractor agrees to furnish all tools, labor, equipment, and materials to construct the following in accordance with said plans and specifications: Contract Document Municipality -1- THE OWNER agrees to pay the Contractor in accordance with the provisions of said specifications and the unit prices as set forth in the attached proposal in the amount of DOLLARS ($ ). 1T 1S mutually agreed by each party hereto that ~ll provisions of said plans and specifications shall be strictly complied with the same as if rewrit- ten herein, and that no substitution or change in said plans and specifications shall be made except upon the written consent of the Owner's Engineer, McCombs-Knutson Associates, Inc., and such allowance shall in no manner be con- strued to release either party from any specified or implied obligation of said plans and specifications. IN WITNESS whereof, We, the contracting parties by our agents hereto affix our signatures. By: By: By: By: Date: Date: Contract Document Municipality -2- FORM OF CONTRACTOR'S BOND (The Contractor Shall dse This Form) KNOW ALL MEN BY THESE PRESENTS that We as Principal and (a corporation certified by the Minnesota Commissioner of Insurance and author- ized to act as a surety in the State of Minnesota), as Surety, are held and firmly bound unto the of , a Minnesota municipal corporation, hereinafter called the "Obligee", and the use of the O~ligee and of all persons and corporations doing work or furnishing skill, tools, machinery, materials or insurance premiums, or equipment or supplies, for any camp maintained for the feeding or keeping of men and animals engaged under, or for the purpose of, the contract described below in the amount of Dollars ($ ), for the payment of which well and truly to be made we bird ourselves, and each of us, and our, aRd each of our, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has entered into a written contract with the Obligee dated , 19 , for: the regularity and validity of which is hereby affirmed ana for which a bond is required by Minnesota Statutes Section 574.26; Form of Contractor's Bond - Municipality Page i of 3 NON THEREFORE, if the Principal shall perform and complete said contract in accordance with its terms and shall pay, as they may become due, all just claims ?or such work, tools, machinery, skill, materials, insurance premiums, equipment and supplies, and shall save the Obllgee harmless from all costs and charges they may occur on account of the doing of the work specified and for the enforcing o? the terms of this bond if action is brought hereon, including reasonable attorney's fees, in any case where such action is successfully main- tained and for the compliance with the laws appertaining thereto, then this bond shall be void, but otherwise shall remaln in full force and effect. No assignment, modification, or change in the contract, or change in the work covered thereby, nor any extension of time for completion of the contract, shall release the Surety on this bond. Sealed with our seals and dated this day of , 19 . Principal (Name of Contractor) By: Its: and By: Its: Witness to Contractor's signature: ! ! I i ! I (Seal of Contractor) (If a Corporation) Surety By: Its: Witnesses to Surety's signature: (The complete post office address for the contractor and the surety should be included where necessary for easy identification.) I I Form of Contractor's Bond - Municipality Page 2 of 3 INDIVIDUAL ACKNOWLEDGEMENTS STATE OF MINNESOTA ) )ss COUNTY OF ) On this__day of , 19. , before me personnally appeared , to me known to be the per- son described in and who executed the foregoing bond, and acknowledged that he executed the same as his free act and deed. Notary Public CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA ) )ss COUNTY OF ) On this day of , 19 , before me appeareO and , to me personally known, who, being by me duly sworn, did say that they are re- spectively the present and secretary of , that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corpora- tion by authority of its 8oard of Directors; and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public APPROVALS Approved as to form and execution this __ day of , 19 City Attorney Within bond and the sureties thereon approved and bond filed this , 19 day of City Clerk Form of Contractor's Bond - Municipality Page 3 of 3 GENERAL CONDITIONS l. I)efini~ions 2. Additi,,mal ~Instruc~ions and Detail Drawings 3. Schedules, ~(?[)orls and Records 4. Drawings and Specifications 5. Shop Drawings 6. Mamrials, Services aud Facililies 7. Inspection and TesUng 8, Sut~s~itutions 9. Palenls 10. Storeys, Permiis, Reguialions 11. Prolecli(m of Work, Property, Persons 12. Supervision by Contractor la. Changes in the Work 14. Changes i. Contract Price 15. Time for Completion and l,iquidated Damages 16. Correctioo of Work 17. Subsurface Conditions 18. Suspension of Work, Termination and Delay 1§. Payments to Contractor 20. Acceptance of Final Payment as Release 21. Insurance 22. Contract Security 23. Assignments 24. Indemnification 25. Separate Contracts 26. Subcontracting 27, Engineer's Authority 28. Land and Rights-of-Way 2§. Guaranty 30. Arbitration 31. Taxes I. DEFINITIONS 1.1 Wherever used in the CONTRACT DOCU- MENTS, the following terms shall have the meanings indicated w;hich shall be applicable to both the singular and plural lhereof: 1.2 ADDENDA-Written or graphic instruments is- sued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, de- letions, clarifications or corrections. 1.3 BID-The offer or proposal of the BIDDER sub- mitted on the prescribed form setting forth the prices for the WORK to be performed, 1.4 BIDDER-Any person, firm or corporation sub- mitting a BID for the WORK. 1.5 BOSfDS-Bid, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS. 1.fi CHANGE ORDER-A written order to the CON- TRACTOR a'athorizing an addition, deletion or revision in the WORK within the general scope of the CON- TRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME. 1.7 CONTRACT DOCUMENTS-The contract, in- chiding Advertisement For Bids, Information For Bid- ders. BID, Bid Bond, Agreement, Payment Bond, Per- formance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFI- CATIONS, and ADDENDA. 1.8 CONTRACT PRICE-The total monies payable to the CONTRACTOR under the 'terms and conditions of the CONTRACT DOCUMENTS. 1.9 CONTRACT TIME-The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK. 1.10 CONTRACTOR-The person, firm or corpora- tion with whom the OWNER has executed the Agree- ment. IAI DRAWINGS --The part of the CONTRACT DOCUMENTS which show the characteristics and scope of tbe WORK to be performed and which have been prepared or approved by the ENGINEER. 1.12 ENGINEER -The person, firm or corporation named as such in the CONTRACT DOCI!MENTS. 1.13 FIELD ORDER-A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CON- TRACT TIME, issued by the ENGINEER to Ihe CON- TRACTOR during construction. 1.14 NOTICE OF AWARD-The written notice of the acceptance of the BID from the OWNER to Ihe success- ful BIDDER. 1.15 NOTICE TO PROCEED-Written communication issued by the OWNER to the CONTRACTOR authoriz- ing him to proceed with the WORK and establishing the date of commencement of the WORK. 1.1§ OWNER-A public or quasi-public body or aulhority, corporation, associahon, partnership, or in- 'dividual for whom the WORK is to he performed. 1.17 PROJECT-The underlaking to be performed as provided in the CONTRACT DOCUMENTS. 1.18 RESIDENT PROJECT REPRESENTATIVE-The authorized representative of the OWNER who is as- signed to the PROJECT site or any part thereof. 1,1~ SHOP DRAWINGS-All drawings, diagrams, il- lustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRAC- TOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed. 1.20 SPECIFICATIONS-A part of the CONTRACT DOCUMENTS ~ consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship. 1.21 SUBCONTRACTOR-An individual, firm or corporation having a direct contract with the CON- TRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site. 1,22 SUBSTANTIAL COMPLETION -That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCU- MENTS, so that the PROJECT or specified part can be utilized for the purposes for which il is intended. 1.23 SUPPLEMENTAL GENERAL CONDITIONS- CONTRACT DOCUMENTS FOR CONSTRUCTION OF Document No. 11 FEDERAL. t.Y ASSISTED WATER AND SEWER PROJECTS General Conditions: Page 1 of 9 Nlodificalions to General Conditions required by a Federal a:~ency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be impbsed by applicable state laws. 1.24 SUPPLIEt~-Any person or organization who sup- plies malerials or equipmenl for the WORK, including that fabricated to a special design, but who does not perform labor at the site. 1.25 WORK-All labor necessary to produce the con- struclion required by the CONTRACT DOCUMENTS, and all malerials and equipment incorporated or to be incorporated in the PROJECT. 1.26 WRITTEN NOTICE-Any notice Io an,,' parlv of the Agreement relative Io any part of this ,'~green~ent in wrilinR and considered delivered and the service thereof completed, when posted h~ certified or regis- tered mail to the said party' al his last given address. or delivered in person to said party or his authorized representative on the WORK. 2. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS 2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRAC'I; DOCUMENTS. 2.2 The additional drawings and instruction thus supplied will become a part of the CONTRACT DOCU- MENTS. The CONTRACTOR shall carry' out the WORK in accordance with the additional detail drawings and instructions. 3. SCHEDULES, REPORTS AND RECORDS 3.1 The CONTRACTOR shall submit to the OWNER such scheduh/ of quantities and costs, progress sched- ules, payrolls, reports, estimates, records and other data where applicable as are required by the CON- TRACT DOCUMENTS for the WORK to be performed. 3.2 Prior to the first partial payment estimate the CONTRACTOR shall submit construction progress schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start' the various parts of the WORK, estimated date of completion of each part and, as applicable: 3.2.1, The dates at which special detail drawings will be required; and 3,2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equip- ment. 3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK. 4, DRAWINGS AND SPECIFICATIONS 4.1 The intent of the DRAWINGS and SPECIFICA- TIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary ~o complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER. Oocument No. 11 General Conditions: Page 2 of 9 4.2 In case of conflicl between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern Figure dimensi3ns on DRAWINGS shall govern owu' scale dimensions, and detailed DRAWINGS sh~ll govern over general DRAWINGS. 4.3 Any discrepancies found between the I)RAW- INGS and SPECIFICATI()NS and sile conditi~ms .r any inconsistencies or ambiguities in the DRAWIN(;S or SPECIFICATIONS shall be imme(tmtel? reporled t~ the ENGINEER, in w'riting, wh(~ shall promplly correct such inconsistencies or ambiguilies in wrilin,u. W()RK done by the CONTRACT()R after his discovery ~f sm:h discrepancies, inconsistencies (~r ambiguities shall I.~ done at the CONTRA(]T()R'S risk. 5. SHOP DRAWINGS 5.1 The CONTRACTOR shall provide SHOP DRAVV- INGS as may be necessary for the prosecution of WORK as required by the CONTRACT DOCIJMENTS. The ENGINEER shall promptly review alt Stt()P DRAWINGS, The ENGINEER'S approval of any SttOP DRAWING shall not release the CONTRACT()R from responsibility for deviations from the CONTRACT DOCUMENTS. The approval of any SItOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCIJMENTS shall he evidenced by a CHANGE ORDER. 5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS. 5.3 Portions of the WORK requiring a SHOP DRAW- ING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER. 6. MATERIALS, SERVICES AND FACILITIES 6.1 It is understood that, except as otherwise specifi- cally stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transpor- tation, supervision, temporary construction of any' nature, and all other services and facilities of an3 nature whatsoever necessary to execute, complete, anti deliver the WORK within the specified time. 6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be in- corporated in the WORK shall be located so as to facili- tate prompt inspection. 6.3 Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufac- turer. 6.4 Materials, supplies and equipment shall be in accordance with samples submitted by the CONTRA(]- TOR and approved by the ENGINEER. 6.5 Materials, supplies or equipment to be incorpor- ated into the WORK shall not be purchased hv the CONTRACTOR or the SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is relained by the seller. 7. INSPECTION AND TESTING 7.1 All materials and equipment used in the construc- tion of the PROJECT shall be subject to adequate in- spection and testing in accordance with generally ac- cepted standards, as required and defined in the CON-, TRACT DOCUMENTS. 7.2 The OWNER shall provide all inspection and test- ing services not required by the CONTRACT DOCU- MENTS. 7.3 The CONTRACTOR shall provide at his expense the testing and inspection services required by the CONTRACT DOCUMENTS. 7.4 If the CONTRACT DOCUMENTS, laws, ordi- nances, rules, regulations or orders of any public authority having jurisdiction require any' WORK to specifically be inspected, tested, or approved by some- one other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or ap- proval. 7.5 Inspections, tests or approvals by the engineer or others shall not relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCU- MENTS. 7.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any partici- pating Federal or state agency shall be permitted to inspect all work, materials, payrolls, records of per- sonnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection, or testing thereof. 7.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense. 7.8 If the ENGINEER considers it necessary or ad- visable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CON- TRACTOR will be allowed an increase in the CON- TRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and recon- struction and an. appropriate CHANGE ORDER shall be issued. 8. SUBSTITUTIONS 8.1 Whenever a material; article or piece of equip- ment is identified on the DRAWINGS or SPECIFICA- TIONS by reference to brand name or 'catalogue num- ber, it shall be understood that this is referenced for the purpose of defining the performance or other sali- ent requirements and that other products o[ equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equip- ment is of equal substance and function to that speci- fied, the ENGINEER may approve its substitution and use by the CONTRACTOR. Any cost differential shall be deductible from the CONTRAC3/ PRICE and the CONTRACT DOCUMENTS shall be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROt- ECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME. 9. PATENTS 9.1 The CONTRACTOR shall pay all applicable royalties and license fees, He shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof. except that the OWNER shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified, however if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such informa- tion to the ENGINEER. 10. SURVEYS, PERMITS, BEGULATIONS 10.1 The OWNER shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the in- formation provided by the OWNER, unless otherwise specified in the CONTRACT DOCUMENTS, the CON- TRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and. in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 10.3 Permits and licenses of a temporary' nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the SUPPLEMENTAL GENERAL CONDITIONS. Permits. licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR Document No. 11 General Conditions: Page 3 of 9 observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGI- NEER in writiltg, and any necessary changes shall be adjusted as prdvided in Section 13, CHANGES IN THE WORK. 11. PROTECTION OF WORK, PROPERTY AND PERSONS 11.1 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety pre- cautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, i. njury or loss to all employees on the WORK and other persons who 'may be affected thereby, all the WORK and all materials or equipment to be incorpor- ated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, includ- ing trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. 11.2 The CONTRACTOR ~vill comply with all appli- cable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the WORK, all necessa£y safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCON- TRACTOR or anyone directly or indirectly .employed by any of them or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the 'acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR. 11.3 In emergencies affecting the safety of persons or the WORK or property at :the.site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, shall ac't to prevent threatened damage, injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued cov- ering the changes and deviations involved. 12. SUPERVISION BY CONTRACTOR 12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the WORK a qualified supervisor or super- intendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S represen- tative at the site. The supervisor shall have full authori- ty to ac[ on behalf of the CONTRACTOR and all com- munications given to .the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shah be present on the site at all times as required to per- form adequate supervision and coordination of the WORK. 13. CHANGES IN THE WORK 13.1 The OWNER may at any time, as the need arises. Document No. 1 1 General Conditions: Page 4 of 9 order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amoum due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be author- ized by CHANCE ORDER. 13.2 The ENGINEER, also, may at any time. by issuing a FIELD ORDER. make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER enlitles him to a change in CONTRACT PRICE or TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE there- of within seven {?] days after the receipt of the ordered change, Thereafter Ihe CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (301 days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER. 14. CHANGES IN CONTRACT PRICE 14,1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or rflore of the following methods in the order of precedence listed below: (a) Unit prices previously approved. (b) An agreed lump sum. (c) The actual cost for labor, direct overhead, ma- terials, supplies, equipment, and other services neces- sary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the WORK to cover the cost of general overhead and profit. 15. TIME FOB COMPLETION AND LIQUIDATED DAMAGES 15.1 The date of beginning and the time for comple- tion of the WORK are ~ssential conditions of the CON- TRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED. 15.2 The CONTRACTOR will proceed with the WORK at such rate of progress ~o insure full completion with- in t'he CONTRACT TIME. It is expressly understoud and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for ihe com- pletion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK. 15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or exlension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amoum for liquidated (tam- ages as specified in the BID for each calendar day that the CONTRACTOR shall be in default slier the time stipulated in the CONTRACT DOCtlMENTS. 15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the de. la3 in completion of the WORK is due Io Ihe following, and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENCINEER. 15.'4.1 To any preference, priority or allocation I ! I I I I order duly issued by the ()WNER 15.4.2 To unforeseeable causes beyond the con- Iro] and without the faull or negligence of the CON- TRACTO. R, including but nol restricted to, acts of God, or of the public enemy, acls of the OWNER, acts of another CONTRACTOR in lhe performance of a con- lraci with Ihe OWNER, fires, floods, epidernics, quar- antine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.3 To any delays of SI!BCONTRACTORS occasioned by any o~ the causes st~ecified in para- graphs 15.4.1 and 15.4.2 of this article. 16. CORRECTION OF WORK 16.1 The CONTRACTOR shall promptly remove from Ihe premises all WORK reiected by the ENGINEER for failure to comply with the CONTRACT DOCIIMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall prompd3 replace and re- execute the WORK in accordance with Ihe CONTRACT DOCUMENTS and without expense to the OWNER and shall bear the expense of makin~ ~lood all WORK of other CONTRACTORS destroyed or damaliled by such removal or replacement. 16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CON- TRACTOR does not take action to remove such re- jected WORK within ten Il01 days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK and store the materials at the expense of the CONTRACTOR. 17. SUBSUItFACE CONDITIONS 17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in ~he event of an emergency, notify the OWNER by WRITTEN NOTICE of: 17.1.1 Subsurface or latent physic~] the site differing materially from those indicatp, d CONTRACT DOCUMENTS; or 17.1.2 Unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character prrwided for in the CONTRACT DOCUMENTS. 17.2 The OWNER shall prbmptly investigate the con- ditions, and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an,equitable adjustment shall be made and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the CONTRAC- TOR for adjustment hereunder shall not be allowed unless he has given the required WRITTEN NOTICE; provided that the OWNER may, if he determines the facts so justify, consider and adjust any such .!aim~ asserted before the date of final payment. 18. SUSPENSION OF WORK, TERMINATION AND DELAY 18,1 The OWNER may suspend the WORK or any portion thereof for a period of not more than ninety days or such further time as a~reed upon by the CON- TRACTOR, by WRITTEN NOTICE to the CONTRACT- OR and the ENGINEER which no~ice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an exlension of the CONTRACT TIME, or bolh, directly attributable to any suspension. !8.2 If the CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a truslee ,)r receiver is appointed for the CONTRACTOR or for an'~ c~f his property, or if he files a petition to take ad',anta~e of any debtor's act, or to reorganize under the bankruptcy or applicable laws. or if he repea~edl~ fad.; to supply sufficient skilled workmen or suitable materials nr equipmenl, or if he repealedly fails lo make prompl payments to SUBCONTRACTORS or for labor, maleri- als or equipment or if he disregards laws, ordinances, rules, regulations or orders of any publi,': hod', havin~ jurisdiction of the WORK or if he (iisre~ards the author- ity of the ENGINEER. or if be otherwi:,e ,:mia/es any provision of the CONTRACT DOCI;MENTS. then the OWNER may. without prejudice to any other righl or remedy and after giving the (;f)NTRACTOR and his surety a minimum of ten [1~1 ,lays frum delivery ufa WRITTEN NOTICE. terminate lhe ser~ces,~ :he TRACTOR and take possession of the PROJE(3' and of all materials, equipmenh tooN, construction equip- ment and machinery thereon owned b5 the C()NTRAC- TaR. and finish the WORK hv whatew~r method he may deem expedient. In such case lhe CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished If the unpaid balance of the CONTRACT PRICE exceeds the d~rect and indirect costs of completing the PRO}ECT, including compensa- tion for additional professional services~ such excess SHALL BE PAIDTOTHE CONTRACTOR If such costs exceed soch unpaid balance, the CONTRACTOR will pay the difference to the OWNER Such costs incurred by the OWNER will he determined b> the ENGINEER and incnrp~watod in a CHANGE ORDER :?:~ '~,~, ~-~,~ "~"STRACTOR'S services have been ; ::'::mS'~. ~-:5 , :~: :WNER said lerminalion shall ~: e ~ ~ .~?' ;:z ' ~-', ()WNER against the CON- ;~t*~.~:~k ~,~ ?.~h~ .' which may thereafter ac- = ? e '~n', ~v~'r~t~m ,,r ;~aymenl of mooies [)x the OWNER due the (i()>.i'RAfTI'OR wilt not release the CONTRACT()R from ,:(m~pliance with the CONTRACT DOC1JMENTS I84 ?[: ,. :.~, ~' 1;~,.< f~, ~ ,teliverx of a %RITTEN NOT~CE U~ ~he ~ ~?~'f'R,~ !'()R and lhe ENGINEER, the OWNER ma~. ~,~,h,~ ~ rause and without prejudice m any o~her riRh~ ,n ;~medy, elect to abandon lhe PRO~EC7 and h~rmin;~h' ~he Contract, In stJch case, the CONi'RA(.7~)R sh, ; he paid for till WORK exe- cuted and arw expen,e sustained plus reasonable profit, 185 If. lEft',ugh n(~ act or fault Of the C()NTRACTOR, ihe WOttK ~s s~,,,pended fur a Wu'iod of more than r,,¢~-', '*~¢~ ,it~xs b, the OWNER or under an order of ~::,;r: ,: ,t', : public uuthorily, or llqe ENGINEER f~it~ ~: at;~ on any request for payment within thirty {301 dass after it ~s submitted. ~v the OWNER fails pay the CONTRACTOR subsfantiaii~ the sum by the ENGINEER er awarded b~ arhiwalors xsithin thirty {301 days of its appro~ al' and presentation, then the CONTRACTOR may, aft,.r ten i l0i {tavg delivery of a WRITTEN NfYFICE t~ the OWNER and the ENGINEER, terminate the f;f)NTRACI' and re- cover from the ()WNER payment f.r all Wf)RK exe- cuted and all expenses sustained. In addition and in lieu of terminating the CONTRACT, if the ENGINEER has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days written notice to the OWNER and the ENGINEER stop the WORK until he has been paid all amounts then due, in which event and upon resumption of the WORK; CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and' delays attributable to the stoppage of the WORK. 18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a re- sult of a failure of the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCU- MENTS, or if no time is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER lo compensate the CON- TRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER. 19. PAYMENTS TO CONTRACTOR 19.1 At least ten (10) days before each progress pay- ment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a par- tial payment estimate filled out and signed by the CON- TRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reason- ably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also be accom- panied by such supporting data, satisfactory to the OWNER, as will establish the OWNER's title to the ma- terial and equipment and protect his interest therein, including applicable insurance. The ENGINEER will, within ten [10) days after receipt of each partial pay- ment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWN- ER will, within ten [10) days of presentation to him of an approved partial payment, estimate, pay the CON- TRACTOR a progress payment on the basis of the ap- proved partial payment estimate. The OWNER shall re- tain ten [10) percent of the amount of each payment un- til final completion and acceptance of all work covered by the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50) percent of the WORK has been completed, if he finds 'that satisfactory prog- ress is being made, shall reduce retainage to five [5%) percent on the current and remaining estimates. When the WORK is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced below five [5) percent to only that amount necessary to assure completion. On completion and acceptance of a part el the WORK on which the price is stated separately in the CONTRACT DOCU- MENTS, payment may be made in full, including re- tained percentages, less authorized deductions. 19.2 The request for payment may also include an allowance for the cost of such major malerials and equipment which are suitably stored either at or nero the site. 19.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the ENGINEER and with the concurrence of the CONTRACTOR, may use any completed or substantially completed portions of the WORK. Such use shall not constitute an acceptance of such portions of the WORK. 19.4 The OWNER shall have the right to enter the premises for the purpose of doing wfrk not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK ex- cept such as may be caused by agents or employees of the OWNER. 19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been ac- cepted by him under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including ,'~e retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30l days of completion and acceptance of the WORK. 19.6 The CONTRACTOR will indemnify and save the OWNER or the @WNER'S agents harmless from all claims growing out of the lawful demands of SUB- CONTRACTORS, laborers, workmen, mechanics, ma- terialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the per-formance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWN- ER may, after having notified the :CONTRACTOR, either pay unpaid bills or withhold from the CON- TRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where- upon payment to the CONTRACTOR shall be resumed, in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upc~ the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. 19.7 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due and continuing until the payment is received by the CONTRACTOR. Document No. 1 1 General Conditions: Page 6 of 9 20. ACCEPTANCE OF FINAL PAYMENT AS /tELF,,A$£ 20.1 The acceptance by the CONTRACTOR of final pavment shall be and shall operate as'a release to the OWNER of all claims and all liability to the CONTRAC- TOR ~ther than claims in staled amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNER and others relating to or arising out Of this WORK. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the CONTRACT DOCUMENTS or the Perform- ar, ce BOND and Payment BONDS. 21. INSURANCE 21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CON- TRACTOR'S execution of the WORK, whether such ex- ecution be by himself or by any SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 21.1.1 Claims under workmen's compensation, disability benefit and other similar employee benefit acts'. 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; 21.1.3 Claims for damages because of bodily in- jury. sickness or disease, or death of any person other than his employees; 21.1.4 Claims for damages insured by usual per- sonal injury liability coverage which are sustained (1} by any person as a result of an offense directly or in- directly related to the employment of such person by the CONTRACTOR, or (2} by any other person; and 21.1.5 Claims for damages because of injury lo or destruction of tangible property, including loss of use resulting therefrom. 21.2 Certificates of Insurance acceptable to the OWN- ER shall be filed with the OWNER prior to commence- ment of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior WRITTEN NOTICE has been given to the OWN- ER. 21.3 The CONTRACTOR shall-procure and maintain, at his own expense, during the CONTRACT TIME, li- ability insurance as hereinafter specified; 21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by himself or by an>, SUBCONTRACTOR under him, or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR under him. Insurance shall be written with a limit of liability of not less than $5oo,t)t)t) for all damages arising oul of bodily injury, includin~ death, at any lime resulting therefrom, sustained by any one person in any one accident; and a limit of liability of nol less than $500,000 aggregate for any such damages sustained hy two or more persons in ani, one accident. Insurance shall be written with a limit of liability of not less than $200.000 for all property damage sustained by any one person in any one acci- dent; and a limit of liability of not less th~an $200,000 aggregate for an>' such dama~le susiained h,, two or more persons in any one accident. 21.3.2 The CONTRACTOR shall acquire and maintain, if av,zlicable, Fire and Extended Coverage insurance upon the PROJECT to the full insurable value Ihereof for the benefit of the OWNER, the CON- TRACTOR, and SUBCONTRACTORS as their interest may appear. This provision shall in no way release the CONTRACTOR or CONTRACTOR'S surety from obli- ga'tions under the CONTRACT DOCUMENTS ~o fully complete the PRO]ECT 21.4 The CONTRACTOR shall procure and maimain, at his own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the state in which the work is performed, Workmen's Compensation Insurance, includin~ occupational disease provisions, for all of his employees al the sile of the PROJECT and in case any work is sublet, thc CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Workmen's Compensation Insur- ance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afforded by lhe CONTRAC- TOR. In case any class of employees engaged in haz- ardous work under this contract at the site of the PROJECT is not protected under Workmen's Compen- sation statute, the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, a(te- quate and suitable insurance for the pro~ection of hhs employees not otherwise protected. 21.5 The CONTRACTOR shall secure, if applicable', "All Risk" type Builder's Risk Insurance for WORK be performed. Unless specifically' authorized bv the: OWNER, the amount of such insurance shall not less than the CONTRACT PRICE totaled in the BID. The policy shall cover not less than the losses due fire. explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke in8 the CONTRACT TIME, and until the WORK is accepted by the OWNER. The policy shall name as the insured the CONTRACTOR, the ENGINEER. and the OWNER. 22. CONTRACT SECURITY 22.1 The CONTRACTOR shall within ten {10} davs after the receipl of the NOTICE OF AWARD furni~'h the OWNER with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CON- TRACT PRICE, condilioned upon the performance by Document No 11 Ger~eralCondihon$ Page 7 of 9 the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR ~o all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACTtDOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bond- ing company licensed to transact such business in the state in which the WORK is to be performed and named on ~he current list of "Surety Companies Ac- ceptable on Federal Bonds" as published in the Treas- ury Departmem Circular Number 570. The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed or is removed from the list of Surety Companies accepted on Federal BONDS, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable BOND (or BONDS) in such form and sum and signed by such Other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid ~y the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. 23. ASSIGNMENTS 23.1 Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, ~itle or interest therein, or his obligations thereunder, without written consent of .the other party. 24. INDEMNIFICATION 24.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, loss or expense is attributable to bodily injury, sick- ness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom: and is caused in whole or in part by any negligent or willful act or omission of the CONTRAC- TOR, and SUBCONTRACTOR, anyone directly or in- directly employed by any of them or anyone for whose acts any of them may be liable. 24.2 In any and ali claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employee of the CONTRACTOR, any SUBCON- TRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any SUBCONTRAC- TOR under workmen's compensation acts, disability benefit acts or other employee benefits acts. 24.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out. of the preparation or approval of maps, DRAWINGS, opini- ons, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. 25. SEPARATE CONTRACTS 25.1 The OWNER reserves the right to let other con- Document No. 11 General Conditions: P~ge 8 of 9 tracts in connection with this PROJECT. The CON- TRACTOR shall afford olher CONTRACTORS reason- able opportunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate his WORK wilh theirs. If the proper execution or results of any part of the CONTRACTOR'S WORK depends upon the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results. 25.2 The OWNER may perform additional WORK re- lated to the PROJECT by himself, or he may let other contracts containing provisions similar to these. The CONTRACTOR will afford the other CONTRACTORS who are parties to such Contracts (or the OWNER, if he is performing the additional WORK himse,lf}, rea- sonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with theirs. 25.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT, written notice thereof shall be given to the CONTRACTOR prior to starting any such addi- tional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves him in additional expense or entities him to an extension of the CONTRACT TIME, he may make a claim therefor as provided in Sections 14 and 15. 26. SUBCONTRACTING 28.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS. 26.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(s}, in excess of fifty {50'/,) percent of the CONTRACT PRICE, without prior writte'n ap- proval of the OWNER. 28.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of his SUB- CONTRACTORS, and of persons either directly or in- directly employed by them, as he is for the acts and omiss!ons of persons directly employed by him. 26.4 The CONTRACTOR shall cause appropriate pro- visions to be inserted in all subcontracts relative to the WORK to bind SUBCONTRACTORS to the CONTRAC- TOR by the terms of the CONTRACT DOCUMENTS insofar as applicable to the WORK of SUBCONTRAC- TORS and to give the CONTRACTOR the same power as regards terminating any subcontract that the OWN- ER may exercise over the CONTRACTOR 'under any provision of the CONTRACT DOCUMENTS. 28.5 Nothing contained in this CONTRACT shall cre- ate any contractual relation between any SUBCON- TRACTOR and the OWNER. 27. ENGINEER'S AUTHORITY 27.1 The ENGINEER shall act as the OWNER'S repre- sentative during the construction period. He shall de- cide questions which may arise as to quality and ac- cePtability of materials furnished and WORK per- formed. He shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make visits to the site and determine if the WORK is proceeding in accordance with the CON- TRACT DOCUMENTS ~,~o TheCQNTRACTOR will be held strictly to the in- tent of the CONTRACT DOCIJMENTS in regard to the quality of materials, workmanship and execution of the WORK. Inspections may be made al the factor5 or fab- rication plant of the source o[ material supply. 27.3 The ENGINEER will not be responsible for the (:nnstruclion means, controls, techniques, sequences. procedures, or construction safety. 27.4 The ENGINEER shall promptly make decisions relative to interpretation of the CONTRACT DOCU- MENTS, 28. I,AND AND RI(;ttTS-OF-WA ¥ 28.1 Prior to issuance of NOTICE TO PROCEEI), the OWNER shall obtain all land and righls-of-way neces- sary for carrying out and for the completion of the WORK tu be performed pursuanl to the CONTRACT DOCUMENTS. unless otherw'ise mutually agreed. 28.2 The OWNER shall provide to the CONTRACTOR inforn~ation which delineates and describes the lands owned and rights-of-way acquired. 28.:1 The CONTRACTOR shall provide at his own ex- pense and without liability to the OWNER an.,,' addi- !ional land and access ~hereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials. 29. GUARANTY 29.1 The CONTRACTOR shall guarantee all ma[erials and equipment furnished and WORK performed for a period of one (1} year from the date of SUBSTANTIAL COMPI,ETION. The CONTRACTOR warrants and guar- antees [or a period of one I1} year [rom the date of SUBSTANTIAL COMPLETION of the system that the completed system is free from all defects due to faulty materials or workmanship and the CONTRAC- TOR shall promptly make such corrections as may be necessary by reason of such defects including the pairs of an.,, damage to uther parts of the system suiting from such defects. The OWNER will give of observed defects with reasonable promptness In event thai the CONTRACTOR should fail h~ mak~ repairs, ad}ustments, or olher WORK that ma5 be necessary by such defects, the OWNER ma',' do so and charge the CONTRACTOR the (:()st thereby ~ncurred The Performance BOND shall remain in ful'l force and effect through ~he guarantee period. 30. ARBITRATION 30.1 All claims, disputes and other matters in arising out of. or relatin~ to. the C()NTRACT I)f)CI'- MENTS or the breach thereof, except for claims ,,'..'hit.}') have been waived by the making and acceptance final payment as provided by Section 20, shall be cided hy arbitration in accordance with the Cunstruc- lion Industry Arbitration Rules of the American Arb~- tration Association. This agreement to arhitrah~ shall }w specifically enforceable under the prevaiiin~ arbllra- lion law. The award rendered b,, ~he arbitrators shall be final, and iud~ment may be entered ii[)tln it in ilFl\ court having juris,:lir:ti~)n thereof. 30.2 Notice of the demand for arbitration sh.ll fi]ed in writing with the other part.,, lo the DOCtJMENTS and with the American Arbitration Ass.- clarion, and a copy shall be filed with the ENGINEER. Demand for arbitration shall in no event be made on any claim, dispute or other matter in question which would be barred by the applicable statute of limitm lions. 30.3 The CONTRACTOR will carry' on the W()RK maintain the progress schedule durin,~ an,, arbitratmr~ proceedings, unless otherwise muiuall? a~ree{l writing. 31. TAXES 31.1 The CONTRACTOR will pa.,,' all sales. use and other similar faxes required bv lhe place where the WORK is performed. Gonoral CohOrt*ohs Page 9 ol 9 PROPOSAL ,, 1983 Honorable Mayor and MemOers of the City Council City of Mound 5341Maywood Road Mound, MN 55364 Subject: Mound, Minnesota 1983 Street Repair Project File #6796 Gentlemen: We, the undersigned, having carefully examined the site of the proposed work and the plans and specifications, instructions to bidders and contract documents prepared Dy McCombs-Knutson Associates, Inc., Consulting Engineers for the subject project, do hereby propose to furnish all labor, tools, materi- als and equipment, and incidentals required for the complete construction of said project and such other work as may be incidental thereto for the following unit or lump sum prices: ITEM ~UANTITY UNIT PRICE TOTAL SECTION 1 - BITUMINOUS OVERLAY - CEMETERY ROAD 1. Bituminous Patch Mn/DOT 2331 10 TONS $ /TN $ 2. Bituminous Tack Coat Mn/DOT 2357 85 GAL. $ /GA $ 3. 1-1/2" Bituminous Wear Mn/DOT 2341 140 TONS $ /TN $ TOTAL, SECTION 1 ............................................... $ I I I ITEM ~UANTITY UNIT PRICE SECTION 2 - BITUMINOUS REPLACEMENT - RIDGEWOOD ROAD 1. Prepare Subgrade 2. ~" Bituminous Base Course MN/DOT 2331 3. Bituminous Tack Coat Mn/DOT 2357 4. 2" Bituminous Wear Course Mn/DOT 2341 LUMP SUM $ TONS $ /TN $ 25 GAL. $ /GA $ 55 TONS $ /TN TOTAL, SECTION 2 ............................................... $ SECTION 3 - BITUMINOUS CURB REPLACEMENT 1. Remove and Replace Broken Curd 1580 L.F. $ /LF TOTAL, SECTION 3 ............................................... $ TOTAL SECTION 4 - BASKETBALL COURT - BROOKTON PARK Grade and Prepare SuOgrade LUMP SUM $ 2" Bituminous Wear Mn/DOT 2341 30 TONS $ /TN TOTAL, SECTION 4 ............................................... $ SECTION 5 - CONCRETE CURB AND GUTTER REPLACEMENT 1. Remove and Replace Concrete Curd and Gutter 14o L.F. $ /LF 2. Remove and Replace Concrete Driveway Apron 20 S.F. $ /SF $ 3. Bituminous Patch Mn/DOT 2341 15 TONS $ /TN $ TOTAL, SECTION 5 ............................................... ITEM QUANTITY UNIT PRICE SECTION 6 - C.S.A.H. 15 - CONCRETE SIDEWALK AND APRONS 1. 6" Concrete Sidewalk 2. Concrete Curd anO Gutter Mn/DOT Design D412 3. Adjust Gate Valve 4. AOjust Curd Stop 990 S.F. $ /SF $ 42 L.F. $ /LF $ 1 EACH $ /EA $ 1 EACH $ /EA $ TOTAL, SECTION 6 ............................................... $ SECTION 7 - HALSTED AVENUE Common Excavation 3-1/2" Bituminous Base Course, Mn/DOT 2331 Bituminous Tack Coat Mn/DOT 2357 50 C.Y. $ /CY $ 70 TONS $ /TN $ 4. 1-1/2" Bituminous Wear Course, Mn/DOT 2341 5. Adjust Manhole 6. AOjust Gate Valve 7. Clean and Reshape North Ditch 8. Restoration 17 GAL. $ /GA $ 30 TONS 2 EACH 1 EACH $ /TN $ /EA $ $ /EA $ LUMP SUM $ LUMP SUM $ TOTAL, SECTION 7 ............................................... $ TOTAL BID, SECTIONS 1, 2, 3, 4, 5, 6, 7 ........................ $ TOTAL The unOersigned bidder also agrees to furnish the required bond and to enter into a contract with the Owner within ten (10) Oays after the Owner's ac- ceptance of this Proposal or any section or sections thereof, and further agrees to complete the entire work covered in the contract award within 60 days after receiving a Notice to ProceeO, except as noted in the specifications and subject to the provisions of the contract documents. Enclosed is the required Proposal guarantee in the amount of 10%, which the undersigned bidder agrees to be forfeited to and become the property of the City of Mound, Minnesota, as liquidated damages should this Proposal be ac- cepted and a contract be awarded to him and he fails to enter into a contract within ten (10) days, but otherwise the aforesaid Proposal guarantee will be returned upon his signing the contract anO delivering the approved bond. In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids, and it is understood that this bio may not be withdrawn within a period of sixty (60) days after the scheduled time for the receipt of oids. Receipt of Addendum No. ~is acknowledgeO. (Individual~ Partnership; Corporation) By: Address: Phone: ! ! I SECTION 3.0 SPECIAL CONDITIONS (GENERAL) 1983 STREET OVERLAY PROJECT CITY OF MOUNO File #6796 I I I I I I I I I I I I I 3.0-1 DESCRIPTION OF WORK: The work to be performed under the provi- sions of these contract documents shall consist of the furnishing of materials, labor and equipment for the improvements of the streets as shown on the plans and as specified herein. 3.0-2 GENERAL CONDITIONS: The General Conditions are general in scope and may refer to conditions not encountered on work covered by this contract. Any provision of the General Conditions which pertains to a non-existent condi- tion and is not applicaOle to the work to be performed hereunder, or which con- flicts with any provision of the Special Conditions, shall have no meaning in the Contract and shall be disregarded. 3.0-3 ADDITIONAL INSTRUCTIONS TO BIDDERS: Bidders shall use the standard Rroposal Form and all Oidders shall Old on all sections of the contract. Any bids submitted that do not contain Oids on all sections shall not Oe accepted. The Owner's intent is to award the contract for all sections to one bidder, but the Owner does reserve the right to delete inOividual sections of the contract. The low bidder shall be that Oidder that is qualified, competent, and has the lowest bid for the total of those sections of the contract that the City shall award. 3.0-4 COST OF OWNERS TERMINATION OF CONTRACT: Section 18.2 assigns the cost of termination of the contract between owner and contractor. The excess cost for the owner shall include, but, not be limited to fees incurred by the Owner for engineering, legal, and any other professional, technical or con- struction services. A surcharge of lO percent of such excess costs will De adOed thereto and made a part thereof to defray administrative expenses. All excess costs shall De paid to the Owner first from any retainages withhelO, then from monies ordinarily due to the contractor under the terms of the contract, anO any Oalance of such excess costs remaining unpa£d thereafter shall be paid to the Owner Dy the Contractor. 3.0-5 CONTRACT DRAWINGS: Tne contract drawings or plans on which the proposal and contract are based consist of seven (7) sheets. The sheets Oear the following general title: CITY OF MOUND 1983 Street Repair Project 3.0-6 COMPLETION DATE: All work described in the Contract Documents shall be completed within 60 calendar days after authorization to proceed. 3.0-7 LIQUIDATED DAMAGES: Tne sum of ONE HUNDRED FIFTY DOLLARS ($150.00) shall be retained from the amount of compensation due the Contractor for each calendar day after the completion date listed in Section 3.0-5 for any work included in tme contract documents which remains uncompleted. This amount will Oe assessed, not as a penalty but as a predetermined and agreed liquidated damage that will be sustained by the Owner. ! ! 3.0-8 SUNDAY~ HOLIDAY~ AND NIGHT WORK: No work shall be done between 6:00 P.M. and 7:00 A.M. nor on Sundays or legal holidays without the approval of the Owner or the Engineer. However, work necessary for emergencies or for the protection of equipment or finished work may be done as required. 3.0-9 WATER AND ELECTRICITY: Water for use by the contractor snail be arranged for by the contractor. All service connections will be made by the contractor at his own expense. The utilities will De used only to the extent required by construction. No electricity will De furnished. 3.0-10 WORKMANSHIP AND CLEANUP: It is the intention and purpose of these specifications to obtain good workmanship throughout the project and to complete the work covered in these specifications and plans in full working order. Work will not be accepted until this result is obtained. The cost of all labor and materials required to complete this project as speci- fied and as shown on the plans, Out not specifically included in pay items, shall ce merged with the various unit prices biO. The Contractor shall clean the working areas each day, shall remove all trash and waste materials, and shall maintain the site in a neat and orderly condi- tion throughout the construction period. On or before the completion of the work, the Contractor shall carefully clean out all pits, pipes, chambers or conduits remove all temporary structures built by him, and shall remove all rubbish from the areas which he has occupied, leaving them in first class condition. 3.0-11 STANDARD SPECIFICATIONS: Reference to standard specifications to any technical society, organization, or association, or to codes of local or state authorities, shall mean the latest standard, code, specifications, or tentative specification adopted and published at the date of taking bids, un- less specifically stated otherwise. All work shall conform with the requirements of the latest standards and codes as published by: American Concrete Institute American Institute of Electrical Engineers American Society of Civil Engineers American Society of Heating and Ventilating Engineers American Society of Mechanical Engineers American Society of Testing Materials American Welding Society Minnesota Department of Health National Board of Fire Underwriters National Electrical Manufacturers Association Minnesota Department of Transportation When the plans and specifications require a grade of construction in excess of t~e standard codes, then the codes shall not be construed as permitting a lower grade of construction. 3.0-12 PAYMENT TO CONTRACTORS: Paragraph 19.1 is modified to provide the following basis for payment to the CONTRACTOR. CHANGE the ten (lC) percent retainage to ¢ive (5) percent and DELETE; The OWNER at any time, however, after fifty (50) percent of the work has been completed, if he finds that satisfactory progress is being made, shall reduce retainage to five (5) percent on the current and remaining estimates. Minnesota Statutes provide for alternative forms of retainage. Any alternative form of retainage in the form of bonds and security deposited with OWNER to be held in lieu of cash retainage will be acceptable only upon the execution of an assignment of such security to the OWNER. Administative and legal cost incurred by the OWNER in the handling of bonds and securities shall be considered accrued cost and shall be paid by the CONTRACTOR by reducing the final payment due under the contract. 3.0-13 CONSTRUCTION STAKING: Paragraph No. 10 of the General Conditions deals with the staking Oy the Contractor on this project. Primary staking for location and grade shall be provided by the Engineer at the expense of the Owner. Restaking for reasons other than the fault of the Engineer or Owner shall be as specified in these provisions. The Contractor shall give the Engineer sufficient notice of his need for the establishment of lines and grades and shall provide at his own expense such as- sistance as is required for setting lines and grade stakes and other reference points. No additional compensation will be allowed the Contractor for any claim of crew being held up because of lack of stakes. Unless otherwise specified, the following schedule indicates the standard loca- tions and number of stakes to be established Dy the Engineer. Rough-grading stakes shall be placed on street centerline at 50 foot intervals; on rear lot corners for single family developments; on building centerline, building corners, or building pads for multi-family development; and on building corners or building pads and driveway centerline and/or parking lot corners for commercial, industrial, and apartment development. Stakes for sanitary storm sewers will be placed at 25 foot intervals and stakes for watermain will be placed at 50 foot intervals on an offset line parallel to the proposed pipeline. Unless the Contractor specifies to the contrary, the location of the offset line will be de- termined by the survey crew; Stakes for concrete curb will Oe, placed at 25 foot intervals. Unless otherwise requested, stakes shall be on a three foot offset line; de Stakes for gravel base shall be set only when no concrete curd is pro- posed or when the roadway width between the concrete curb exceeds 50 feet. 5takes shall be set on centerline at 50 foot intervals. When concrete curb is proposed, the Contractor shall use the curb to deter- mine the proper elevations of all WOrK Detween the curds. Grades as marked in the field shall be to finished grade unless otherwise marked. The finished grade shall refer to the following unless otherwise marked. a. Top of curb grade for curb and gutter construction. Finished centerline surface grade for street construction. c. Pipe invert grade for underground utility construction. I I I I I It is the responsibility of the Contractor to preserve all construction stakes and other survey control points. The costs incurred in replacement of disturb- ed stakes may be deducted from payments to the Contractor in any case where the disturbance or loss is not directly attributable to an error or act of the Own- er or Engineer. Survey staking crews shall use a separate cut-sheet for restaking and no ini- tial or primary staking computations shall be shown on that same sheet. In ad- dition to the normal information given, a cut-sheet used for restaking shall also contain the following information: A statement that the staking is restaking for original stakes which have oeen lost or disturbe~; b. The actual number of hours to be charged as restaking; The reason that the stakes were lost or disturbed if the reason is apparent. I i i ! I I The Engineer shall periodically report the details of the restaking to the Con- tractor and to the Owner and shall, at the end of the pay period, recommend the amount of money to be withheld from the payment to the Contractor. Tn, Contractor shall make no change from the alignment or grade as established by the staking, but shall use his best prudent judgement as an expert in con- struction in questioning a possible error in staking. Whenever such a possible error exists, it shall be the Contractor's responsiOility to contact the Engi- neer for a clarification or field check. Any work performed after such notifi- cation and prior to such clarification by the Engineer shall be replaced or re- paired at the Contractor's expense if the work is determined to be incorrect or unacceptable. If, after the completion of any portion of the work, an error is discovered, the Engineer shall immediately relocate any remaining construction stakes to determine the cause for such error. If the remaining stakes are insufficient to determine an error by the Engineer or Owner, and if no errors are found on the cut-sheets or other staking notes, it shall De deemed to be the Contractor's error and will be acceptably corrected at his own expense. Failure to pay any amount due and payable under the terms of the contract with- in 30 days of a monthly estimate or 90 days after the final estimate of the amount earned shall obligate the municipality to pay to the contractor simple interest on the past due amount at an annual rate equal to the monthly index of long term United States bond yields for the month prior to the month in which this obligation is incurred plus an additional one percent per annum, lnterest shall not be imposed with respect to any amount which a municipality may legally withhold as a result of breach of contract or other contractual claim. 3.0-14 AOOITIONAL INSURANCE REQUIREMENTS: In addition to the Insurance requirements of paragraph 21, the Contractor shall provide the following addi- tional insurance. a. Minimum Limits of Liability: Minimum Limits of Liability shall be: $500,000 for bodily injury, including personal injury, sickness, dis- ease or death and for care and loss of service per person, anO $1,000,000 for bodily injury, including personal injury, sickness, disease or ~eath and for care and loss of services for any one occurrence. $500,000 for all damages to or destruction of property as a result of one occurrence, and $1,000,000 total damages to or destruction of property during the pol- icy period. Said property damage coverage shall be on a broad form property Oamage basis, and shall include coverage for explosion, collapse and damage to underground facilities. In lieu of the above descriDeO limits, the Contractor may furnish comprehensive liability and property damage with all of the foregoing coverages wit~ limits of not less than $100,000/$300,000 bodily injury and $50,000 less damage and a $1,000,000 umbrella to cover the excess over the basic liability. I ! ! I Owner's Protective Liability: Owner's Protective Liability written by the same insurance company shall cover all operations under the con- tract with the Engineer named as an additional insured with minimum limits of $500,000 for bodily injury including sickness, disease or death, and for care and loss of services per person and $1,000,000 for DoOily injury including sickness, disease or death, and for care and loss of services per occurrence, and property damage limits of $500,000 for each occurrence and $500,000 in the aggregate. All policies herein called for shall become effective before the Con- tractor undertakes any work under this contract and shall remain in full force and effect for a minimum of one year after completion or throughout the warranty period whichever is longer. ! I I I I In the event that any insurer shall give notices of intention to can- cel any of the policies herein called for, the Contractor shall have until 24 hours before the time of such proposed cancellation to have the notice of cancellation rescinded by the insurer or to secure and have in effect a similar policy of insurance written by another insurer. In the event that such cancellation is not rescinded or a replacement policy obtained 24 or more hours before the time set for said cancellation, then all work on this contract shall cease at the close of the day (five P.M., local time) before the day set for cancellation of the policy and the contract shall De considered breached Dy the Contractor as of the date and hour of the cancellation of the policy, provided, nevertheless, that the Owner shall have the right to reinstate the contract on such terms as he see fit. Any no- tice of rescission of cancellation or the issuance of a new policy must be in writing, signed by a person having authority to bind the insurer, and be delivered to the Engineer for transmittal to the Owner within the time specified. I I I I I ! All Risk Insurance: This insurance shall be written under the iO~A completed value form and shall protect the Contractor and the Owner against risks of damage to buildings, structures, and materials and equipment from the perils of fire and lightning, the perils included in the standard extended coverage endorsement, and the perils of vandalism and malicious mischief. The total shall be not less than the insurable value of the work at completion. When the aggregate value of equipment, such as, gas engines, generators, pumps, compressors, tanks, motors, switchgear, transformers, panel boards, control equipment, and other similar equipment exceeds $10,000 :he Contractor shall protect said Contractor and the Owner from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under Builder's Risk Insurance. It shall contain a waiver of the subrogation rights of the insurer. This policy may not be terminated until the Owner advises the Contractor in writing that he has secured a replacement policy. In the event of a payment under the policy because of loss, the Owner shall receive the payment from the insurer and shall deposit it in an account separate from all of his other funds. These funds shall De distributed to the parties in interest according to the terms of such agreement as they may reach concerning its distribution, or in the event that no agreement is reached, then pursuant to the terms of an award made by arbitrators, who shall de appointed and shall proceed as provided elsewhere in this contract for arbitration. If, after loss, no special agreement is made, replacement of injured work shall be ordered and executed as provided for changes in the work. i i I The Owner shall have the power to adjust and settle any loss with the insurer, unless one of the other interested parties shall object in writing within three (3) working days of the occurrence of a loss. In the event of such an objection, arbitrators shall be appointed and the Owner shall settle with the insurer in accordance with the directions of the arbitrators who shall, if required, direct the matter of the distribution to the interested parties. It shall De of the "all risks" type with coverages designed for the circumstances which may occur in the particular work included in this contract. I I If the work does not include the construction of building structures, the Builder's Risk policy may be omitted providing the Installation Risks Floater Policy fully covers all work. All policies shall provide for losses to be payable to the Contractor and the Owner as their interests may appear. 3.0-15 LIST OF SUBCONTRACTORS: Prior to the pre-construction conference, the Contractor will furnish to the Engineer a complete list of sub-contractors and suppliers he proposes to use on the project. This list shall be approved by the Engineer. ! i 3.0-16 ORAL AGREEMENTS: No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall Be held to Be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 3.0-17 TRAFFIC CONTROL: The Contractor shall be responsible for provid- ing and maintaining barricades warning signs, directional signs, flagmen and lights to control the movement of traffic where necessary. Placement of these devices shall be approved by the Engineer prior to placement. Traffic control devices shall conform to appropriate Minnesota Highway Department Standards. 3.0-18 ENVIRONMENT PROTECTION: The Contractor shall perform all work in such a manner as to minimize the pollution of air, water, or land, and shall within reasonable limits control noise and the disposal of solid waste materi- als as well as other pollutants. Prior to start of any on-site construction activities, the Contractor and the Onwer's representative shall make a joint condition survey after which the con- tractor shall prepare a brief report indicating, on a layout plan, the condi- tion of areas immediately adjacent to the site of the work and adjacent to his assigned storage area and access route as applicable. Except for any work or storage area and access routes specifically assigned for the use of the Contractor under this contract, the areas outsi~e the limits of permanent work performed under this contract shall be perserved in their pres- ent condition. The Contractor shall confine his construction activities to areas defined for work on the plans or specifically assigned for his use. Storage and related areas and access routes required temporarily by the Con- tractor in the performance of work will be assigned by the Owner's representative. The Contractor shall submit a description of his scheme for disposing of waste materials resulting from the work under this contract. If any waste material is dumped in unauthorize~ areas, the Contractor snail remove the material and restore the area to the condition of the adjacent undisturbed areas. Material may not be buried within the construction limits. If the Contractor elects to dispose of waste materials at the work site, by burning, he shall make his own arrangements for such burning area and shall conform to ali State and local regulations. The Contractor shall maintain all access routes and other work areas free from excess dust to such reasonaOle degree as to avoid causing a hazard or nuisance to the public. The Contractor shall, unless otherwise instructeO in writing by the Owner's re- presentative obliterate all signs of temporary construction facilities such as work areas, structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. I i I I I I The Contractor shall take positive measures to control construction born sedi- mentation and erosion as shown on the erosion control plan. This shall be aC- complished by placement of hay bales around the drainage inlets and outlets and by construction of cutoff ditches, berms, and debris basins and by other on-site protection. Any temporary ditching, culverts, and hay bales necessary to accomplish this shall be at the Contractor's expense. 3.0-19 INCREASE OR DECREASE IN QUANTITIES: The City reserves the right to increase or decrease the quantity of work, or to delete any portion of the work and have the remaining work performed at the contract unit price. I I I I I I I I I I I I I I ! I 1 ! ! ! I I SECTION 3,1 SPECIAL CONDITIONS (TECHNICAL) 1983 STREET REPAIR PRO3ECT CITY OF MOUNO File #6796 3.1-1 GENERAL: The purpose of these Special Conditions is to modify the Technical Specifications as they apply specifically to this project. The Tech- nical Specifications which apply to this project will De 306, 319, and the Min- nesota Department of Transportation Specifications, 1978 Edition. 3.1-2 SCOPE OF WORK: The intention of this project is to combine a number of small bituminous paving jobs with some minor street repair work. Each indi- vidual street will be discussed separately. Rroposed quantities are based on the following: Base Course -llO pounds per square yard per inch thickness Tack Coat - 0.05 gallons per square yard Wear Course -llO pounds per square yard per inch thickness The proposed quantities for base course and tack coat are based on a 10% overrun allowance with the wear course figured on a 5% overrun. 3.1-3 REDUCED QUANTITIES: Should the bids be more than the funds the City of Mound has available for these projects, the City reserves the right to delete one or more sections and have the remaining work completed at the con- tract unit prices for each section. 3.1-4 CEMETERY ROAD: Two areas totaling approximately 360 square feet will need to De patched. Ratching will consist of removal of existing bituminous material and replacement with 4" of 2331 base. Removal of existing materials is incidental. The patch holes shall be square cut, with vertical sides. The excavated area shall be level and firmly compacted before placing the patches. The patches shall De compacted with vibratory roller and shall be level with the adjacent road surfaces. T~e entire road is to be overlayed with l-l/2" of 2341 bituminous wear course. A bituminous tack coat shall be applied to the existing bituminous surface prior to paving. 3.1-5 RIDGEWOOD ROAD: This is the location of a major watermain break. The remainder of the bituminous mat and gravel fill is to be removed to a Oepth of 6" curb to curb for approximately 180 1.f. The limits of excavation will be marked. The area is to be shaped for a minimum 4" crown and recompacted prior to paving with a bituminous base course compacted to a 4" thickness. The repair area shall receive a tack coat prior to application of a 2" wearing course. 3.1-6 BITUMINOUS CURB REPLACEMENT: The map incluOeO will give the various locations of the curb replacement. The work includes removal of broken or damaged curb, the limits of which are marked at each location, and placement of new curb using 2341 wear course mixture. The curb shall be machine laid in ac- cordance with Section 2535 of the Mn/DOT Specifications and Standard Plate No. 7065C. i I I i I I I I I I I I I I I 3.1-7 BASKETBALL COURT - BROOKTON PARK: An area approximately 40' x 60' is to be shaped to drain and paved with 2" of 2341 bituminous wear course. 3.1-8 CONCRETE CURB AND GUTTER REPLACEMENT: The map included shows the five locations of curO replacement. Curd removal to De in full sections from joint to joint. The existing concrete curb and gutter is Mn/DOT type S512 and shall be replaced with the same type. Refer to Standard Rlate No. 7102G. Patching of Oituminous shall consist of replacement with 5" of 2341 wear. The patch areas are to be kept to a minimum and shall be square cut with vertical sides. The excavated area shall be level ana firmly compactea before placing the patches. The patches shall be in two lifts and shall be level with the adja- cent Oituminous mat and concrete gutter. 3.1-9 SIDEWALK CONSTRUCTION: Construction consists of approximately 165 1. f. of 6-]~oot wide concrete sidewalk and 42 1.f. of D412 concrete curO and gutter Oetween the body shop entrance and the west Post Office entrance. Be- cause this area is mainly driveways and parking lot, the sidewalk will be 6" thick and constructed level with the surrounding area. Any bituminous paving removed for either the sidewalk or curO and gutter must Oe cut square anO to the correct dimensions to receive the concrete. No patching of bituminous pav- ing will Oe paid for in Section 6 of this project. 3.l-lO HALSTED AVENUE: Existing road to be excavated to an average depth of 5" and pave~ with 3-1/2" 2331 base and l-l/2" 2341 wear course. The north ditch is to be cleaned and reshaped as staked by the Engineer. Contractor shall use bituminous wear to bring bituminous driveways to grade to match the new street paving. Gravel necessary to finish end of gravel driveway is incidental. 3.1-11 [URF ESTABLISHMENT: Turf establishment shall be incidental to all the sections of work except Halstead Avenue - Section 7, which is compensated for under restoration. Areas disturbed which are estaOlished lawns shall be black dirt and sod with other green areas black dirt and seed. Sod shall be cultured sod, seed shall oe Mn/DOT mixture No. 5. A minimum of 3" of black dirt shall be installed on areas to be seeded or sodded. 3.1-12 DISPOSAL OF EXCESS MATERIAL: Any excess excavation from the project shall be disposed of at a site within the City of Mound as designated by the Engineer. I I I I I i I I I I ! I I I I ! ! I SECTION 306 TECHNICAL SPECIFICATIONS CONCRETE SIDEWALK AND CONCRETE CURB AND GUTTER 1306-1 GENERAL: The work included in the Specification consists of furnishing all plant, labor, equipment, appliance =n~ materials required to perform all removal and disposal of the existing structures, tree roots, excavation, placing of fill, sidewalk construction, curb and gutter construction, backfill, clean-up and miscellaneous work. In these specifications reference is made to Mn/DOT Specifica- tions which shall mean the "Specifications for Highway Construction" of the Department of Transportation of the State of Minnesota, 1978 Edition, and all subsequent addendum thereto. 306-2 REMOVAL OF EXISTING SIDEWALKS AND CURBS: The Contractor shall remove and dispose of all sidewalks and curbs in areas required for construction of new work. The Contractor shall make his own arrangement for the disposal of the excess material. In removing concrete sidewalk, where the cut will be exposed in the finished work, the concrete shall be cut with a concrete saw to a depth of not less than 1/3 the thickness of the concrete before breaking off. The use of wedges driven into the saw cut will not be permitted. Elsewhere, the sidewalk shall be cut and chipped to true lines and vertical faces. The removal of the existing walk or curb will be considered incidental and no compensation will be made therefor, unless otherwise specified. 306-3 EXCAVATION: In the areas shown on the plans the Contractor shall excavate to the elevation as staked by the Engineer. During this operation, the Contractor shall exercise care to minimize the disturbance to the surrounding areas. In areas where the excavation is carried below the specified grade the Contractor will backfill the area to the proper grade with pit-run gravel and compacted as specified herein. At the bottom of all excavations and under all walks the base shall be compacted with a vibratory compactor to provide a firm base for the walk and as approved by the Engineer. Excavation will be considered incidental to the sidewalk or curb and gutter construction and no extra payment will be made therefor. 306-4 SAND-GRAVEL BASE: The sand-gravel shall be pit- run material screened to eliminate all rocks which will be retained on a 1-1/2 inch sieve. Where shown on the plans, or where unsuitable material is encountered and where directed by the Engineer, the uns~itab!e material shall be removed 306-1 I I ! ! I I I i ! and back filled with gravel to the required depth and thoroughly compacted with a vibratory compactor. Payment will be made at the contract unit price per ton and will be considered full compensation for all costs including placing and compacting the gravel as well as extra excava- tion and disposal of excess material. A sand-gravel base will not be required unless shown on the typical detail of the plans. 306-5 ROOT REMOVAL: The Contractor shall cut and re- move all tree roots lying within eighteen inches below the new sidewalk. The roots shall be cut a minimum of four inches outside the edge of the new slab on either side. Where any root is encountered within the above eighteen inches, the entire root shall be cut off and removed. The Contractor shall arrange for disposal of the roots. The removal of the roots shall be considered as incidental to the sidewalk construction and no extra compensation will be made therefor. 306-6 CONCRETE: Concrete shall be Minnesota Department of Transportation (Mn/DOT) Concrete Mix No. 3A32 and shall conform to the requirements of Mn/DOT Specification 2461. Minimum compressive strength after 28 days shall be 4000 psi. 306-7 CONCRETE JOINT FILLER: Concrete joint filler shall be preforme-~ and conform to the requirements of Mn/DOT Speci- fication 3702. 306-8 CONCRETE TREATING OIL: If specified in the Special Conditions of these Specifications, the concrete sidewalk or concrete curb and gutter shall be treated with either a Mn/DOT Type 1 or 2 treating oil which shall conform to the require- ments of Mn/DOT Specification 3917. 306-9 CONCRETE CURING METHODS: Concrete curing may be accomplished by the use of curing paper conforming to the requirements of Mn/DOT Specification 3752, Plastic Sheeting (Mn/DOT 3756) or by Membrane Curing (Mn/DOT 3754). 306-10 REINFORCEMENT BARS OR STEEL FABRIC: When shown on the plans, the Contractor shall furnish and install reinforce- ment bars or steel fabric conforming to Mn/DOT Specification 3301 and 3304. ! I 306-2 ! i ! ! I ! ! ! ! I ! ! ! I I ! 306-11 CONCRETE WALKS: The concrete sidewalks will be 4 inches thick except where driveways are crossed. At these locations, the sidewalks shall be increased to six (6) inches thick. The sidewalks shall be constructed in accordance with Section 2521 of the Mn/DOT Specification and the details shown on the Plans. Pyament for concrete walk shall be at the contract price per square foot of each thickness and shall be considered as full compensation for all removal of existing sidewalks, excavation, reinforcement, root removal, expansion, joint filler, curing, application of concrete treating oil, backfill, and clean-up. 306-12 CONCRETE CURB AND GUTTER: The concrete curb and gutter shall be constructed in accordance with Section 2531 of the Mn/DOT Specifications and the curb and gutter details attached hereto. Where curb and gutter crosses driveways, it shall be constructed six (6) inches thick and shall conform to the driveway entrance. Payment for concrete curb and gutter shall be at the contract price per linear foot. No deduction will be made in curb lengths across concrete entrances which are constructed in the same contract. Said payment shall be considered as full com- pensation for all removal of existing curb, excavation, root removal, expansion filler, reinforcement, curing, application of concrete treating oil, backfill, and clean-up. 306-13 ENTRANCES: Concrete entrances shall be constructed as shown in the plans. Construction and materials shall conform to the requirements listed above for concrete sidewalk and curb and gutter. Payment for concrete entrances shall be at the contract unit price per square foot not including the width of adjacent curb and gutter projected through the entrance, and shall be considered as full compensation for all removal of existing entrance, or curb and gutter, or sidewalk, excavation, root removal, expansion filler, reinforcement, curing, concrete treating oil, backfill, and clean-up. ! I 306-3 SECTION 319 TECHNICAL SPECIFICATIONS STREET CONSTRUCTION 319-1 GENERAL: The work included in this specification consists of furnishing all materials, labor, tools, and equipment to construct all streets as shown on the plans and specified herein. Included under this specification, the Contractor shall do the excavating and compacting of all kinds of materials encountered; clearing and grubbing of trees and brush; protect, repair, relocate, maintain and restore all subsurface, surface, and overhead structures directly or indirectly disturbed, injured or affected by his operations; and furnish all other appurtenant items and services necessary or specified. In these specifications reference is made to Mn/DOT Specifica- tions which shall mean the "Specifications for Highway Construction" of the Department of Transportation of the State of Minnesota, 1978 Edition, and all subsequent addendum thereto. Ail work done under this contract shall conform to the plans and specifications herein, except that in the absence of instructions herein, the work shall conform to the appropriate Mn/DOT specifications. 319-2 METHOD OF PROCEDURE: Prior to the start of work the Contractor shall submit in writing to the Engineer for approval a schedule of procedure, and after once approved, he shall not deviate from this schedule without the Engineer's approval. 319-3 EXISTING UNDERGROUND UTILITIES: It is the Contractor's responsibility to ascertain the final locations of all underground utilities and to notify the utility companies when construction commences in each area. The Contractor is responsible for the protection of all underground utilities which are located in the field or shown on the plans, and shall adjust all manhole castings, water valves, water valve boxes, inlet boxes and curb stop boxes and curb stop boxes which require adjustment. All manholes, catch basins, etc. shall be adjusted to the finished grade and in proper working order. Curb boxes and valve boxes must be plumb and concentric 319-1 about the operating nut. Storm and sanitary sewers must be carefully protected and any sand or debris caused by the Con~rac%or~s operations must be removed from the manholes and pipes. The Contractor shall bring to the attention of the Engineer any conditions such as sand in manholes or damaged valve boxes prior to the Contractor's excavation. Once excavation has been commenced, it will be assumed that all damage to underground installations has been caused by the Contractor's operations and it shall be his responsibility to make the necessary repairs. 319-4 MATERIALS: Ail material used on this project shall conform to the following detailed requirements: Se Gravel for gravel base shall be Class 2 or 5 as provided in Mn/DOT Specifications 3138. If Binder Soil is added to the aggregate it shall conform to Mn/DOT Specification 3146. Aggregate for bituminous surfacing shall be BA-1 or BA-2 as required for the type of surfacing, conforming to Mn/DOT Specifications 3139. ee Gravel Subbase material shall conform to Mn/DOT Class 4 specifications, (Section 3138). Subgrade Correction material shall conform to Mn/DOT Specification 2116. Prime Coat material shall be one of the following: MC Liquid Asphalt MC-30 MC-70 f. Tack Coat material shall be one of the following: RC Liquid Asphalt RC-70 RC-250 Asphalt Emulsion RS-1 These shall conform to Mn/DOT Specifications 3151. ! ! 319-2 Bituminous Material for Plant Mixed Surfacing shall be AC-1 with a penetration of 85-100, unless otherwise specified. 319-5 CONSTRUCTION STAKES - ALIGNMENT AND GRADES: Ail work under this Contract shall be constructed in accordance with lines and grades shown on the drawings and as established by the Engineer. These lines and grades may be modified by the Engineer. The Contractor shall furnish at his own expense, such materials and render such assistance to the Engineer as may be required for setting lines and grade stakes, templates, patterns, plat- forms, reference points, or other marks or points of line and grade. The Contractor shall give the Engineer sufficient notice of his need for the establishment of line and grade so that the Engineer may have time to provide same. After lines and grades for any part of the work have been given by the Engineer, the Contractor will be responsible for the proper execution of the work to such lines and grades and all stakes or other marks given shall be protected and preserved by him until he is authorized to remove them by the inspector. The Contractor shall, at his own expense, correct any mistakes that may be caused by their unauthorized disturbance or removal. The Engineer may require that work be suspended at any time when for any reason such marks cannot be properly followed. No additional compensation shall be allowed the Contractor for any claims of crews being held up because of lack of line and grade stakes. 319-6 CONSTRUCTION REQUIREMENTS: Clearing and Grubbing Operations shall conform to the requirements of Mn/DOT Specifications 2101. The disposal operation shall conform to local ordinances as well as the requirements of 2101.3D of ~he Mn/DOT Specifications. ! ! 319-3 Ce Removal and Replacement of Miscellaneous Items miscellaneous items, (i.e. driveways, culverts, sidewalks, steps, fences, bushes, hedges, mail boxes, street signs, sod, curbs, retaining walls, rock gardens and small vegetation) shall be removed or removed and replaced as directed by the Engineer. Mailboxes shall be removed and temporarily reset at an accessible location as directed by the Engineer. The contractor shall salvage (or replace damaged) mailboxes and mailbox supports for temporary and permanent installation. After major construction has been completed the mailboxes shall be perman- ently reset with as good or better materials than had existed. Mailboxes shall be set in conformance with the current U.S. Post Office regulations for mailboxes. Traffic regulatory signs shall be removed and reset temporarily as directed by the Engineer. The Contractor shall salvage (or replace damaged) materials for temporary and permanent installation. Signs shall be permanently reset after completion of the major construction. Excavation and Embankment Excavation and embankment shall conform to the requirements of Mn/DOT Specification 2105. Embankment compaction shall be by the specified density method with 100 percent of maximum density required in the upper three feet of the embankment and 95 percent of maximum density required below the upper three feet. Tu~f establishment shall be accomplished by sod placement except where seeding is specifically allowed or required. Sodding shall be furnished in accordance with Mn/DOT Specification 3879 and placed in accordance with Section 2575. 319-4 de ee Topsoil shall be placed to a minimum depth of four inches under all sodding and in all areas seeded. The topsoil material used shall be light friable loam containing a liberal amount of humus and shall be free of heavy clay, course sand, stones, plants, roots, sticks and other foreign matter. Topsoil meeting these requirements shall be selected from the excavated materials to the extent available and needed. Ail turf establishment work shall be done in substantial compliance with the provisions of the Mn/DOT Specifications 2575. Seed shall be Mixture No. 5 of Mn/DOT Specifications 3876, unless otherwise directed or approved. Subgrade Correction where shown on the Plans or where directed by the Engineer shall be done in conformance with the requirements of Mn/DOT Specification 2116. Aggregate Base construction shall be as specified in Mn/D©T Specification 2211. Compaction of the aggregate base shall be by the specified density method. Plant Mixed Bituminous Base and Bituminous Surfacing shall be constructed in accordance with Mn/DOT Specifications 2331, 2341, or 2351 depending upon the material specified in the Special Conditions. Minimum bituminous contents shall be 4.5 percent for base courses and 5.5 percent for wear courses. Final shaping and compaction of the base shall be done just prior to placing the plant mixed bituminous surface. All surface repairs shall be made at the direction of the Engineer, at no additional compensation. Compaction shall be by the "Ordinary Compaction Method". All rolling must be completed prior to dark. After final rolling all bituminous surfaces adjacent to concrete gutters shall be slightly higher (maximum - 1/4 inch and minimum - 1/8 inch) than the surface 319-5 ge of the gutter. Manholes, water valves or o%ne£ fixed structures shall not protrude above the pavement surface. Structures shall be depressed a maximum - 3/4 inch and minimum - 1/4 inch. Unless otherwise directed by the Engineer, the construction of each course shall start at the point farthest away from the mixing plant on the wear courses and progress toward the plant. Cold joints shall be avoided by making adjacent passes within a one hour time period. No traffic other than necessary construction traffic shall be allowed on the pavement-until it has cooled and set. The Contractor shall pro- vide sufficient barricades or flagmen to direct traffic. When making a connection to an existing bituminous surface, the existing surface shall be cut in a straight vertical line and tacked prior to placing the new surface. Adjustment of Manhole Castings, Gate Valves, Curb Stop Boxes, and Catch Basins: Adjustment of manhole castings and catch basins shall be as specified in Mn/DOT Specification 2506.3G and 2506.3H. Adjustment of gate valve boxes shall be made by use of the built-in adjustment feature of the box. Should the adjustment be insufficient, adjustment shall be made with Clow F-2475 extension section or equal. Adjustment of curb stop boxes shall be made by use of the built-in adjustment feature of the box. Should the adjustment be insufficient, adjustment shall be made by use of threaded pipe and pipe union of the desired length. Adjustment of gate valve boxes and curb stop boxes shall be plumb and ccncentric about the operating nut. 319-6 319-7 EXCESS MATERIAL: Ail excess material shall be disposed of where designated by the Engineer. All excess excavation is the property of the Owner and shall not be disposed of on private property unless permission is granted in writing by the Engineer. 319-8 EROSION CONTROL: The Contractor shall schedule and conduct his operations to conform to the Erosion Control Measures specified in Mn/DOT Specification 1803.5. Erosion control measures shall be considered incidental to the street construction and no special payment will be made for this work unless specifically provided for in these Specifications. 319-9 DUST CONTROL: When in the opinion of the Engineer, construction operations or unfinished construction causes excessive dust around surrounding residences or for vehicular traffic in the area, the Contractor shall furnish and apply water on the street. The Contractor shall make his own arrangments for the water supply. The furnishing and applica- tion of water shall be considered incidental to the construction and no payment will be made for this item. 319-10 METHOD OF MEASUREMENT AND PAYMENT: Unless otherwise specified in Section 3.2, the method of measurement and payment shall be by the following schedule: ae Clearing and grubbing shall be by the tree. A tree is defined as having a four (4) inch diameter at a point two (2) feet above the ground. Payment shall include cutting, grubbing and disposal of each tree and stump. Hedges, brush, and other vegetative growth smaller than four (4) inches in diameter at a point two (2) feet above the ground shall be incidental to the Contract and no direct payment will be made. be Removal and/or replacement of miscellaneous items (i.e. driveways, culverts, sidewalks, steps, fences, bushes, hedges, U.S. Post Office mailboxes, street signs, sod, curbs, retaining walls, rock gardens, and vegetation other than trees (as defined above) shall be incidental to the Contract and no direct payment will be made for this work unless an item is specified for payment in Section 3.2. ! ! 319-7 do Excavation and en~bankment shall be measured by the cross section method. Common excavation shall be paid at the contract unit price per cubic yard of material excavated as measured in its original position. The quantity of excavation for which payment will be made shall be those shown in the bid schedule, provided however, that payment will be made on the basis of actual quantities instead of plan quantities, if and to the extent that any volume changes are established through remeasurement of the excavation as provided for herein. Either the Engineer or the Contractor may cause remeasure- ment of the excavation quantity in any balance or on the entire project, in which case the quantities will be recomputed or otherwise adjusted on the basis of final measurements. Embankment shall be incidental to common excavation and no direct payment will be made for this work. Subgrade correction excavation below the plan subgrade of the street shall be paid at the contract unit price per cubic yard of excavation measured in its original position. The quantities shall be established by cross-sectioning the areas excavated. Aggregate base shall be measured by the ton of material placed. Aggregate material shall be weighed at the material source. Weight tickets shall be furnished to the engineer on a daily basis for each load of material hauled. Weight tickets shall indicate the following information: 1) material source 2) type or class of material 3) truck identification 4) date 5) project dispatched to 6) gross weight 7) mean vehicular weight 8) net weight of material 319-8 fe ge No payment shall be made for material not having weight tickets. Weight tickets shall be delivered daily. Weight tickets more than 24 hours old will not be accepted by the Engineer for payment. Plant mixed bituminous material for base, binder, leveling and wear course shall be measured by the ton of material placed. Plant mixed bituminous material shall be weighed at the bituminous plant. Weight tickets shall be furnished to the Engineer on a daily basis for each load of material hauled. Weight tickets shall indicate the same information as described in Aggregate Base (paragraph e.). No payment shall be made for material not having a weight ticket. Weight tickets more than 24 hours old will not be accepted by the Engineer for payment. Bituminous materials exceeding 110% of the computed tonnage shall not be paid for. Computed tonnage shall be as determined by the attached Table. In the event that the tonnage of bituminous material placed is less than 80% of the computed tonnage, the Contractor shall take random cores at the Engineers direction. The Engineer will then determine the area and thickness of overlay necessary to achieve the specified thickness. The Contractor shall then prepare the surface by cleaning and tacking. The overlay shall be placed as directed by the Engineer. No payment shall be made for work and materials necessary to prepare for overlayment. Bituminous material for overlayment shall be paid for at the contract unit price for the course being overlayed, but shall not exceed 100% of the original computed tonnage. Adjustment of manhole castings, catch basins, gate valves and curb stop boxes shall be on the unit price basis. Payment shall be only for existing structures, new structures installed as part of this Contract and shall be paid for under the unit 319-9 I I I i I I I I I I I I I I I I I 0 Z U~ 319-10 price for furnishing and installing in their respective section of the Specifications. Pay- ment shall include all labor and materials necessary to adjust the structure plus or minus two feet without reconstruction of the main structure. Reconstruction of manhole and catchbasin structures shall be on the linear foot basis. 319-11 SURFACE RESTORATION: The Contractor shall remove, replace or restore all driveways, culverts, sidewalks, steps, fences, bushes, hedges, mailboxes, signs, sodding, curbs, retaining wall, rock gardens, plants, etc., disturbed by his operations. Restoration shall be done with similar materials and shall be as good or better than previous condition. No extra compensation will be allowed for these items unless specifically listed as a bid item. 319-12 MERGED COSTS: The cost of all material and labor required to complete this project as specified and shown on the plans but not specifically included as a pay item, shall be merged with the various unit prices bid. 319-11 ONO~O I m 0 I I I ! ! I ! I i I ! I ONO~O ! I I I I I I I I I I I I I PLANS AND SPECIFICATIONS For Mound Fire Station Seoond Addition City of Mound, Minnesota ! ! I ! I March 30, 1983 I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Registered Architect under the laws of theState of~~a. 3/30/83 · · ./~~~~ .~/. ~ [~nn. Reg. No. 11926 // I i I I ! ! ! ! I ! i I ! I I ! ! TABLE OF CONTENTS BIDDING REQUIREMENTS Invitation to Instructions to Binders Form of Proposal Contractor's Bond CONDITIONS OF THE AGREEMENT General Conditions Supplementary Conditions - Modifications to General Conditions - Special Conditions SCHEDULE OF DRAWINGS CONSTRUCTION SPECIFICATIONS Division 1, General Requirements Section lA, Summary of tne Work Section lB, Temporary Construction & Facilities Section lC, Inspection and Tests Section 1D, Rroject Closeout Division 2, Site Wor~ Section 2A, Demolition Section 2B, Site Grading and Paving Section 2C, Building Excavation and Fill Division 3~ Concrete Section 3A, General Section 38, Formwork Section 3C, Concrete Reinforcement Section 3D, Cast in Rlace Concrete Division 4, Masonry Section 4A, General Section 4B, Mortar Section 4C, Masonry Reinforcement Section 4D, Concrete Masonry Units Page 1 2 8 iOA 11 12 16 20 21 22 23 24 25 26 28 28 29 29 32 32 33 34 I ! ! I I I i I i I ! i I Divisi~ 5t Metals section SA, ~iscellaneous Metal Division 6~ C~rpe, ntr¥ Section 6A, Framing Section 68, Finish Carpentry Division 7, Moisture Rrotection Section 7A, Thermal Insulation Section 78, Caulking & Sealing Section 7C, Flashing & Sheet Metal Section 7D, Built-up Roofing Division 8~ Doors~ Windows~ Hardware Section 8A, Hollow Metal Section 88, Wood Doors Section 8C, Overhead Doors Section 8D, Wood Windows Section BE, Glazing Section 8F, Builder's Hardware Division 9~ Finishes Section 9A, Gypsum Orywall Section ~B, Acoustic Ceilings Section ~C, Painting Division lO~ Specialties Section lOA, Toilet Rartitions Section lOB, Toilet Accessories Division ~l: 12: 13~ 14 None lncludeO Division l~ Mechanical Section 1SA, General Section 158, RlumOing Section 1SC, Gas Riping Section lSD, Sheet Metal Division 16~ Electrical Section 16A, General Section 168, 8ranch Circuits Section 16C, Lighting Fixtures 36 39 42 43 44 45 46 48 49 49 5O 51 51 54 55 56 6O 61 63 66 69 69 71 72 74 ! [ I i i I ! i i i i I i I i INVITATION TO BID Mound Fire Station Addition City of Mound 5341Maywood Road Mound, MN 55364 McCombs-Knutson Associates, Inc., City Engineers 12800 Industrial Park Boulevard Plymouth, MN 55441 Sealed bids are invited by the City of Mound, Minnesota for Additions to the Mound Fire Station building located at 24±5 Wilshire Boulevard, Mound, Minnesota. 8ids are invited for one (1) contract including all general, mechanical, and electrical work. Proposals will be received until 10:00 a.m., Monday 3une 6, 1983 at the Mound City Offices, located at 5341Maywood Road, Mound, Minnesota, and there- after opened and puOlicly read. Bids received after that time will not be considered. 8ids will be considered by the City Council at their meeting Tuesday, Oune 7, 1983. Bids shall be submitted on the Proposal Form provided with the Contract Documents. All proposals must be on a lump sum basis. Contract Documents may be examined at the office of the City Engineer, McCombs-Knutson Associates, Inc., 12800 Industrial Park Boulevard, Plymouth, Minnesota, or at the Mound City Hall during normal business hours. Bonifide bidders may obtain Contract Documents at the office of the City Engineer upon deposit of Twenty-Five Dol- lars ($25.00) for each set, and in conformance with the Instructions to Bidders. Deposit is refundable on return of the Documents within 15 days after the bid date. Bids shall be accompanied by bid security meeting the requirements of t~e City of Mound in the amount of 10% of the total bid. Successful bidders will be required to furnish approved performance and payment bonds, each in the amount of 100% of the contract. No bidder may withdraw his bid for at least sixty (60) days after the scheduled time for the receipt of bids, except as noted in the Instructions to Bidders. Each bidder will De required to comply with all fair labor and equal oppor- tunity employment practices. Each contractor will be required to hold all re- quired contractor or trade licenses, to obtain all required State or City permits, and to conform to all applicable State Building Code requirements. The City of Mound reserves the right to accept or reject any or all bids, and to waive any informalities or irregularities therein. BY ORDER OF THE CITY COUNCIL CITY OF MOUND, MINNESOTA Francine Clark City Clerk l, I I l l I l I, I I I I I I INSTRUCTIONS TO BIDDERS Fire Station Second Addition City of Mound, Minnesota To be considered, Proposals must Oe made in accordance with the following instructions: GENERAL INFORMATION 1. Bids will be received for one contract to include the General, Mechanical, and Electrical portions of work. Bids will be received and opened in the manner described and at the time stipulated in the Invitation to Bid. All interested parties are invited to attend. 3. The Contract will be awarded on the basis of low bid, including consideration of alternates as may be accepted in any order. Each bidder must inform himself of all conditions relating to the construction of tn, project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. DEFINITIONS Architect or Engineer - McCombs-Knutson Associates, Inc., 12800 Industrial Park Boulevard, Plymouth, Minnesota 55441, City Engineer. Tn, terms "architect" and "engineer" shall be considered interchangeable and one in the same for purposes of this contract. City - City of Mound, Minnesota; also may be referred to herein as "Owner". Contractor - The person, firm, or corporation to whom a contract is awarded by the City. Suo-Contractor - Any person, firm, or corporation having a direct contract with the Contractor. 2 CONTRACT DOCUMENTS The Contract Documents are enumerated as follows: I I I I ! ! l, I i [ i [ I Agreement Rroposal Invitation to Bid Instructions to BidOers General Conditions Supplementary ConOitions Construction Specifications Drawings Addenda Contract Drawings shall be considered as modified, amended, or clarified by addenda or bulletins issued prior to bidding. BORROWING OF DOCL~ENTS Bonafide bidders may obtain plans at the office of the City Engineer upon deposit of Twenty-Five Dollars ($25.00). Deposit is refundable on return of the contract documents in good condition within fifteen (15) days after bid date. The deposit will be returned to all bonafide bidders upon return of the Contract Documents. Non-bidders and suppliers will receive one-half (1/2) of their deposit upon return of the Contract Documents in good condition within (lC) days after the time of bidding. INTERF~ETATION OF CONTRACT DOCUMENTS Every request for any interpretation shall be made in writing to the Architect who will issue, if necessary, an addendum to all parties who hold Contract Documents. Contract documents shall be considered modified, amended, or clarified by such addendum. No oral interpretations or instructions as to meaping, omission or discrepancy of the Contract Documents may be relied upon. The Drawings and Specifications are of equal value. Where conflicts between the Specifications and Drawings, the Contractor shall provide the better quality and the greater number unless otherwise notified in writing by the Architect. i I I I ! I I ! I ! I I BID SECURITY A certified check, cashier's check, bank money order, or a bid bond made payable to The City of Mound in the amount of 10% of the total bid as evidence of good faith shall accompany each proposal; bid security of the successful bidder to be returned when contract has been signed and bonds have been furnished. Should the Contractor fail to furnish bond and sign contract within ten (lC) Oays of award of contract, he shall forfeit his bid security to the Owner. The bid security of tn, unsuccessful bidders will be returned when successful bidder has signed contract and has furnished satisfactory Performance and Labor Materials bonds. SUBMISSION OF POST-BID INFORMATION Upon request Oy the Architect, the selected bidder will submit within same day after notice of award, tn, following information: A statement of costs for each major item of work included in the bid. This statement will be used as the basis for preparation of subsequent periodic payments due the contractor on account of progress of the work. 2. A designation of work to be performed by the bidder with his own forces. An anticipated schedule of progress of the work through completion, together with an estimate of monthly amounts due on account of progress of the work. PROPOSALS Before making his proposal, the Contractor shall assure himself that he is in possession of all addenda issued. Proposa1~ entitled to consideration must Oe made in accordance with the following instructions: 1. Made upon tn, form provided therefore without additions not called for, unauthorized, conditional or alternate bios, or irregularities of any kind. 2. Numbers shall be stated in both writing and in figures. 3. Completed forms shall be without interlineation, alternation, or erasure. 4. Shall contain no recapitulation of work to be done. 5. No oral, telephonic proposals or modifications will be considered. 4 6. Address envelope to: Francine Clark, Cib3 Clerk City of Mound 5341Maywood Road Mound, MN 55364 Project: Mound Fire Station Second Addition From: (contractor) Acknow-/]edges Receipt~Addendum No.'s Proposals entitled to consideration must be signed in longhand by the proper representative of the firm submitting the bid as follows: 1. The principal of the single owner firm. 2. A principal of the partnership firm. An officer of the incorporated firm, or an agent whose signature is accompanied by a certififed copy of the resolution of the Board of Directors authorizing that agent to sign. 4. Other persons signing for a single Owner firm or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. WITHDRAWAL OF BIDS Any bidder may withdraw his bid at any time prior to the scheduled closing time for receipt of bids. But, no bids shall be withdrawn for a period of sixty (60) days after scheduled closing time for receipt of bids. AWARD OR RE3ECTION OF BIDS 1. All bids received by the stated hour will be opened and publicly read. 2. Bids will be considered by the City Council at their meeting date set forth in tne Invitation to Bid. The Owner may require evidence of responsibility from the bidder prior to award of contract; the bidder shall furnish information and data as requested for this purpose. 4. The City reserves the right to reject any and all bids and/or to waive any informatilities or irregularities therein. AGREEMENT FORM 1. The Contract between the Owner and the Architect will be a Short Form Improvement Contract as provided by the Owner. 2. A copy of this Document may be examined in the office of the City Engineer. The Agreement form shall be signed in longhand by the proper representative of the contracting firm in the same manner as required for signature of the proposal. PERFORMANCE~ AND MATERIAL PAY~I~NT BONDS The successful Contractor will be required to furnish Performance and Labor and Materials Payment Bonds each in the amount of 100% of Contract and as stipulated in the Supplementary Conditions. The bonds shall be signed by the Attorney-in-fact and countersigned by a Minnesota Resident Agent. Bond shall be in a form acceptable to the City of Mound. SUBSTITUTIONS Where one kind of material, product or process or "equal" is specified in the specifications, the bids shall be prepared and submitted on the basis of the kinds so specified unless the bidder shall assume responsibility for assuming equal quality, function, and substance. The specification of one or more brand names or model numbers is for the purpose of establishing quality or function and shall not be construed or intended to limit selection to that one brand. Where a product other than that specified is to be supplied, the Contractor shall submit to the Architect documentary evidence of quality, substance, or function of the produce for determination. If such submittal is made at least 7 days prior to opening of the bid, the Architect's determination will be made in the form of an addendum issued to all bidders. If such submittal is made after 7 days prior to the biO, or after award of the contract, the Architect is under no obligation to approve the produce unless it can be proven to be equal in all respects to that specified. The decision of the Architect shall be final. LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable Federal and State Laws, Municipal Ordinances, and the rules and regulations of all authorities having jurisdiction over the construction of the project shall apply to the Contract throughout. They will be deemed to be included in the Contract the same as though herein written out in full. LICENSES AND PERMITS The Contractor shall at nis cost obtain all required licenses and permits normally required for construction of this type and extent. Permits issued by the City of Mound must be applied for in the normal fashion, but will be issued on a no-fee basis. SUBCONTRACTORS At the time of the bidding, on the enclosed proposal form, in the space designated, each bidder shall list the names of the subcontractors or other persons or organizations including those who are to furnish materials or equipment fabricated to a special design. Prior to the award of the contract, the Architect shall notify the successful bidder in writing if either the Owner or the Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner or Architect to made an objection of the list prior to the award shall constitute acceptance of such person or organization. TIME OF COMPLETION The time of completion is an essential part of the contract and it will be necessary for each bidder to satisfy the Owner of his ability to complete the work within the allowable time. In this connection, attention is directed to the provisions of the General Conditions and Special Conditions relative to delays, completion date, extensions of time, and liquidated damages. PROPOSAL FOR THE CONSTRUCTION OF SECOND ADDITION TO THE MOUND FIRE STATION City of I,,t)und, 2415 Wilshire Boulevard, Mound, Francine Clark City Clerk City of Mound 5341Maywood Road Mound, MN 55364 We hereby submit our bid for the subject project: A. STI~LATED SUM (Basic Bid) Having carefully examined the Plans and Specifications prepared by McCombs-Knutson Associates, Mound City Engineer, and having carefully examined the site and familiarized himself with the conditions of the work, the undersigned proposes to furnish all labor, materials, services and equipment necessary to complete the construction of the Mound Fire Station Second Addition, including all general, mechanical, and electrical work, for the sum of: B. ALTERNATIVES The basic bid may be modified by alternatives to the work resulting in additions to or deductions frc~n the basic bid amount. Alternatives are described on the plans and in the Special Conditions to the Contract. Alternative No. 1: Remodel Toilet Rocks ADD $ Alternative No. 2: Replace existing overhead doors ADD 8 C. COMPLETION OF THE WORK If the undersigned be notified of the acceptance of his proposal within sixty (60) days after the time of opening bids, he agrees to commence work within 30 days of the award of the contract, and to complete the work for the above stipulated sum, modified by alternatives as may be accepted by the City, within 120 days after the award of the contract. D. SUBCONTRACTORS The undersigned intends and agrees, if awarded the contract, to employ the foilowing subcontractors for the types of work iisted. If portions are to be performed by the contractor's own forces, so state: 1. Roofing 2. Plumbing 3. Heating-Ventilating 4. Electrical E. ADDENDUMS The undersigned acknowledges receipt of Addendums to the Contract Documents identified as numbers ~state all received, if any) Firm Name: Business Address: Date: T~phone: By: s~gnature~ ~ Witness: FORM OF CONTRACTOR'S BOND (The Contractor Shall Use This Form) KNOW ALL MEN BY THESE PRESENTS that We as Principal and (a corporation certified by the Minnesota Commissioner of Insurance and authorized to act as a surety in the State of Minnesota), as Surety, are held and firmly bound unto the of , a Minnesota municipal corporation, hereinafter call the "Obligee", for the use of the Obligee and of all persons and corporations doing work or furnishing skill, tools, machinery, materials or insurance premiums, or equipment or supplies, for any camp maintained for the feeding or keeping of men and animals engaged under, or for the purpose of, the contract described below in the amount of Dollars ($ ), for the payment of which well and truly to be made we bind ourselves, and each of us, and our, and each of our, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has entered into a written contract with the Obligee dated , 19 , for: the regularity and validity of which is hereby affirmed and for which a bond is required by Minnesota Statutes Section 574.26; Form of Contractor's Bond - Municipality 10 NOW THEREFORE, if the Principal shall perform and complete said contract in accordance with its tezTns and shall pay, as they may become due, all just claims for such work, tools, machinery, skill, materials, insurance premiums, equipment and supplies, and shall save the Obligee harmless from all costs and charges that may occur on account of the doing of the work specified and for the enforcing of the terms of this bond if action is brought hereon, including reasonable attorney's fees, in any case where such action is successfully maintained and for the compliance with the laws appertaining thereto, then this bond shall be void, but otherwise shall remain in full force and effect. No assignment, modification, or change in the contract, or change in the work covered thereby, nor any extension of time for completion of the contract, shall release the Surety on this bond. Sealed with our seals and dated this , 19 . day of Principal (Name of Contractor) By & By Its Its Witnesses to Contractor's signature: (Seal of Contractor) (If a Corporation) Surety By Its Witnesses to Surety's signature: (The complete post office address for the contractor and the surety should be included where necessary for easy identification) Form of Contractor's Bond - Municipality INDIVIDUAL ACKNOWLED~4ENTS STATE OF MINNESOTA ) ) ss COUNTY OF ) On this __ day of , 19 , before me personally appeared to me knowns to be the person de'sCribed in and who executed the foregoing bond, and acknowledged that he executed the same as his free act and deed. Notary Public CORPORATE ACKNOWLEDGMENT STATE OF MINNESOTA ) ) ss COUNTY OF ) On this day of , 19 , before me appeared and , to me personally known, who, being by me duly sworn, did say that they are respectively the president and secretary of , that the seal affixed to the foregoin~ instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation Dy authority of its board of directors; and said and acknowledged said instrument to be the free act and deed of said corporation. APPROVALS Approved as to form and execution this 19 . Notary Public day of , City Attorney Within bond and the sureties thereon approved and bond filed this __day of , 19 . City Clerk Form of Contractor's Bond - Municipality 10B THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1. CONTRACT DOCUMENTS 2. ARCHITECT 3. OWNER 4. CONTRACTOR 5. SUBCONTRACTORS 6. WORK BY OWNER OR BY SEPARATE CONTRACTORS 7. MISCELLANEOUS PROVISIONS 1976 EDITION TABLE OF ARTICLES 8. TIME 9. PAYMENTS AND COMPLETION .10.PROTECTION OF PERSONS AND PROPERTY .11. INSURANCE '12. CHANGES IN THE WORK '13.UNCOVERING AND CORRECTION OF WORK 14. TERMINATION OF THE CONTRACT This document has been approved and endorsed by The Associated General Contractors of America. Copyrighl 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, · 1976 by The American Institule of Architects, 1735 New York Avenue, N.W., Washinglon, D. C. 20006. 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Sle~o~ddy :'Z'PL '~'6'6 'L'6'6 '~'6 'E'& 'Z'6 ~.~ ........................................... ~ue~olW L'E'LL .................................. a~ueJnsul asl~ IIV E'E'e ':': .................... ~e~luoD aql to uolie~lslu]mpV E'ZL ........................... ~oj smlel~ 'slsoD leuolllppv ~Z'OL 'L'E'g 'E'9'Z 'e': 'E'gL'~ '~'Z': ........ suolsslm0 pue slav OL 'P':': .............................. uollua, a~d luap!~>V L'Z'9 'S'E': ................................ ~Jo~ oi ssa3~V E'6'6 'L'6'6 'L'g'6 'S'S'6 '~'~'S ............ a~o~ jo a~uelda~V X:IQNI ol Payment, Failure of ................ 9.5.2, 9.6.1.3, 9.7, 9.9.2,14 Payment, Final ...................... 2.2.12, 2.2.16, 9.9,13.3.1 Payments, Progress .......... 7.8, 7.9.3, 9.5.5, 9.8.2, 9.9.3,12.1.4 fAYMENTS AND COMPLETION ........................... 9 Payments to Subcontraclors ................. 9.5.2, 9-5.3, 9.5.4, 9.6.1.3, 11.3.3, 14.2.1 fayments Withheld .................................... 9.6 Performance Bond and Labor and Material Payment Bond . .7.S Permits, Fees and Notices ..................... 3.2.3, 4.7,4.13 PERSONS AND PROPERTY, PROTECTION OF .............. 10 Product Data, Definition of ........................... 4.12.2 Product Data, Shop Drawings, Samples and ...2.2.14, 4.2.1, 4.12 I'rosress and Complelion .................... 2.2.3, 7.9.3, 8.2 Progress Payments ........... 7.8, 7.9.3, 9.5.5, 9.8.2, 9.9.3, 12.1.4 Progress Schedule .................................... 4.10 Project, Definition of ................................. 1.1.4 Project Representative ............................... 2.2.17 Property Insurance ................................... 11.3 PROTECTION OF PERSONS AND PROPERTY .............. 10 Regulations and Laws ..... 1.3, 2.1.1, 4.6, 4.7, 4.13, 7.1,10.2.2, 14 Rejection of Work ........................ 2.2.13, 4.5.1, 13.2 Releases of Waivers and Liens .................... 9.9.2, 9.9.4 Representations ............. 1.2.2, 4.5, 4.12.5, 9.4.2, 9.6.1, 9.9.1 ~Rel~esentatives ............................ 2.1, 2.2.2, 2.2.17, It 2.2.18, 3.1, 4.1, 4.9, 5.1, 9.3.3 ~Reqx)nsibility for Those Performin8 the Work ..... 2.2.4, 4.3.2, ~ 6.1.3, 6.2, 9.8.1 t Retainage ....................... 9.3.1, 9.5.2.9.8.2, 9.9.2, 9.9.3 ltwiew of Contract Documents by the Contractor ........................ 1.2.2, 4.2, 4.7.3 Reviews of Contractor's Submittals by Owner and Architect ..... 2.2.14, 4.10, 4.12, 5.2.1, 5.2.3, 9.2 Rights and Remedies ...... 1.1.2, 2.2.12, 2.2.13, 3.3, 3.4, 5.3, 6.1, 6.3, 7.6, 7.9, 8.3.1, 9.6.1, 9.7, 10.3, 12.1.2, 12.2, 13.2.2, 14 Royalties and Palenls ................................. 4.17 Safety of Persons and Property ......................... 10.2 Safety Precautions and Programs .................. 2.2.4,10.1 Simples, Definition of ............................... 4.12.3 Samples, Shop Drawings, Product Data and ..... 2.2.14, 4.2, 4.12 Samples at the Site, Documents and .................... 4.11 Schedule of Values .................................... 9.2 Schedule, Progress ................................... 4.10 Separate Contracts and Contractor~ ..... 4.14.2, 6,11.3.6,13.1.2 Shop Drawings, Definition of ......................... 4.12.1 Shop Drawings, Producl Data and Samples ... 2.2.14, 4.2, 4.12 Site, Use of ..................................... 4.13, 6.2.1 Site Visits, Archilect's ................ 2.2.3, 2.2.5, 2.2.6, 2.2.17, 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 Site Inspections ............. 1.2.2, 2.2.3, 2.2.16, 7.7, 9.8.1, 9.9.1 Special Inspection and Tesling .................... 2.2.13, 7.7 Specifica t ions ............................... 1.1.1,1.2.4,1.3 Statutes of Limitations .................... 7.9.2, 13.2.2, 13.2.7 Stopping the Work ...................... 3.3, 9.7.1, 10.3,14.1 Slored &~alerials ............ 6.2.1, 9.3.2, 10.2.1.2, 11.3.1, 13.2.5 SUBCONTRACTORS ..................................... Subcontractors, Deilnilion of ............................ .q.1 Subcontractors, Work by ............... 1.2.4, 2.2.4, 4.3.1, 4.3.2 Subcontractual Relalions ............................... $.3 Submittals .................... 1.3, 4.10, 4.12, 5.2.1, S.2.3, 9.2, 9.3.1, 9.8.1, 9.9.2, 9.9.3 Subrogation, Waiver of .............................. 11.3.6 Substantial Complelion ...... 2.2.16, 8.1.1, 8.1.3, 8.2.2, 9.8,13.2.2 Substantial Completion, Definition of ................... B.1.3 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect .......................... 2.2.19 Substitutions of Materials ......................... 4.5,12.1.4 Sub-subcontractors, Definition of ....................... 5.1.2 Subsurface Conditions ............................... 12.2.1 Successors and Assigns ................................ 7.2 Supervision and Construction Procedures .1.2.4, 2.2.4, 4.3, 4.4, 10 Superinlendent, Contractor's ......................4.9,10.2.6 Surety, Consent of .............................. 9.9.2, 9.9.3 Su ~,eys ....................................... 3.2.2, 4.18.3 Taxes ................................................ 4.6 Termination by the Contractor ......................... 14.1 Terminalion by the Owner ............................ 14.2 Termination of the Architect ......................... 2.2.19 TERMINATION OF THE CONTRACT ...................... 14 Tests ................................. 2.2.13, 4.3.3, 7.7, 9.4.2 Time .................................................. Time, Definition of .................................... B.1 Time, Delays and Exlensions of ........... 8.3, 12.1, 12.3, 13.2.7 Time Limits, Specific .................. 2.2.8, 2.2.12, 3.2.1, 3.4, 4.10, 5.3, 6.2.2, 7.9.2, 8.2, 8.3.2, 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 11.3.1, 11.3.8,11.3.9, 12.2, 12.3, 13.2.2, 13.2.5, 13.2.7, 14.1, 14.2.1 Title to Work ................................... 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK ............. 13 Uncovering of Work .................................. 13.1 Unforseen Conditions ............................. 8.3,12.2 Unit Prices ................................... 12.1.3, 12.1.5 Use of Documents ....................... 1.1.1,1.3, 3.2.5, 5.3 Use of Site .....................................4.13, 6.2.1 Values, Schedule of .................................... 9.2 Waiver of Claims by the Contractor .... 7.6.2, 8.3.2, 9.9.5,11.3.6 Waiver of Claims by the Owner ...... 7.6.2, 9.9.4,11.3.6,11.4.1 Waiver of Lien.~ ...................................... 9.9.2 Warranty and Warranties .... 2.2.16, 4-5, 9.3.3, 9.8.1, 9.9.4, 13.2.2 Weather Delays ...................................... 8.3.1 Work, Definition of .................................. 1.1.3 Work by Owner or by Separate Contractors ................ 6 Written Consent ...... 2.2.18, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.3, 9.9.4 Written Interpretations ............... 1.1.1,1.2.4,2.2.8,12.3.2 Written Notice ..... 2.2.8, 2.2.12, 3.4, 4.2, 4.7.3, 4.7.4, 4.9, 4.12.6, 4.12.7, 4.17, 5.2.1, 7.3, 7.4, 7.7, 7.9.2, 8.1.2, 8.3.2, 8.3.3, 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.5, 10.2.6, 11.1.4, 11.3.1, 11.3.4, 11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 Writlen Orders ................... 3.3, 4.9,12.1.4,12.4.1,13.1 AIA DOCUMENT A~01 · GENERAL CONDITIONS OI~ THE CONIKACT FOR CO',~51RUCTION · THIRTEENTH EDITION · AUGUST 1976 4 A201-1976 A~' · ~, 1976 · 1HE AM£KICA~ INSTIIUTE Of A£CHIT[CTS. 1735 .'~[W YORK AVENUE, N.W., WASHINGTON, D.C. 2,0006 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION , t ARTICLE I CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Owner-Conlrac- tor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment Io the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Architect pursuant to Sub- paragraph 2.2.8, or (4) a written order for a minor change in the Work issued by the Architect pursuant to Paragraph 12.4~ The Contract Documents do not include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Con- tractor's Bid or portions of Addenda relating to any of these, or any other documents, unless specifically enu- merated in the Owner-Contractor Ag, eement. 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construc- tion. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.'I.5. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Ar- chitect and the Contractor, but the Architect shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Conlract Documents shall create any contractual relationship between the Owner or the Architect and any Subcontractor or Sub-subcontractor. 1.1.3 THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor neces- sary to produce such construction, and all materials and equipment incorporated or Io be incorporated in such construction. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents ma)' be the whole or a part. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Conlract Documents shall be signed in not less than triplicate b~. the Owner and Contractor. If either the Owner or the Contractor or both do not sign Ihe Condi- lions of lhe Contract, Drawings, Specifications, or any of Ihe other Conlract Documents, Ihe Archilect shall iden- lily such Documents. 1.2.2 By executin8 the Contract, the Contractor eepresents that he has visited the site, familiarized himself with the local conditions under which the Work is to be per- formed, and correlated his observations with the require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all ilems necessary for the proper execution and comple- tion of the Work. The Contract Documents are comple- mentary, and what is required by any one shall be as binding as if required by all. Work not covered in the Con- tract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and ab- breviations which have well-known technical or trade meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof furnished by the Architect are and shall remain his prop- erty. They are to be used only with respect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Con- tract, such documents are to be returned or suitably accounted for to the Architect on request at the comple- tion ot the Work. Submission or distribution to meet offi- cial regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's common law copyright or other reserved rights. ARTICLE 2 ARCHITECT 2.1 DEFINITION 2.1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture identified as such in the Owner-Contractor Agreement, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Architect means the Architect or his authorized representative. 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Architect will provide administration of the Contract as hereinafter described. 2.2.2 The Architect will be the Owner's representative durinR construction and unlil final payment is due. The Architecl will advise and consull with the Owner. The Owner's instructions to the Conlractor shall be forwarded AIA DOCU~,*,LNT A~i · Gl NE RAL CONDITIONS OF 1HE CONT£,C'I IOR CONSI KL~CIION · TIII£rE[~:TH EDITION · AUGUST lg76 AiA· · ~ lqTe~ · 1tie A~.tERICAN IN~IIIUl[ ('If ARCHITECTS. 17.1;i NlrA' YC~RK A~[NU[. N.1.%'.. ~'ASHINGION. D.C. 20006 A201-1976 5 through the Architect. The Architect will have authorily to act on behalf of the Owner only to the extent provided the Contract Documents, unless otherwise modified written instrument in accordance with Subparagraph 2.2J8. 2.2.3 The Architect will visit the site at intervals appro- priate to the stage of construction to familiarize himself 8enerally with the progress and quality of the Work and to determine in general if the Work is proceeding in ac- cordance with the Contract Documents. However, the Architect will not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- lily of the Work. On the basis of his on-site observations as an architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2.2.4 The Architect will not be responsible for and will not have control or charge of construction means, meth- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or em- ployees, or any other persor~s performing any of the Work. 2.2.5 The Architect shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform his functions under the Contract Documents. 2.2.6 Based on the Architect's observations and an evalu- ation of the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Con- tractor and will issue Certificates for Payment in such amounts, as provided in Paragraph g.4. 2.2.7 The Architect will be the interpreter of the require- ments of the Contract Documents and the judge of the performance thereunder by both the Owner and Con- tractor. 2.2.8 The Architect will render interpretations necessary for the proper execution or progress of the Work, wilh reasonable promptness and in accordance with any time limit agreed upon. Either party to the Contract may make written request to the Architect for such interpretations. 2.2.9 Claims, disputes and other matters in question be- tween the Contractor and the Owner relating to the exe- cution or progress of the Work or Ihe interpretation of the Contract Documents shall be referred initially to the Architecl for decision which he will render in writing within a reasonable lime. 2.2.10 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- ferable from the Contracl Documents and w II be in wril- lng or in Ihe form of drawings. In his capacily as inter- preler and judge, he ~.ill endeavor Io secure failhful per- formance by both the Owner and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in 8Dod faith in such capacity. 2.2.11 The Architect's decisions in matters miatin8 to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2.12 Any claim, dispute or other matter in question between the Contractor and the Owner referred to the Architect, except those relatin8 to artistic effect as pro- vided in Subparagraph 2.2.11 and except those which have been waived by the making or acceptance of final pay- ment as provided in Subparagraphs 9.9.4 and 9.9.5, shall be subject to arbitration upon the written demand of ei- ther party. However, no demand for arbitration of any such claim, dispute or other matler may be made until the earlier of (1) the date on which the Architect has rendered a written decision, or (2) the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered his written decision by that date. When such a written decision of the Architect states (1) that the decision is final but subject to appeal, and (2) that any demand for arbitration of a claim, dispute or other matter covered by such decision must be made within thirty days after the date on which the party mak- ing the demand receives the written decision, failure to demand arbitration within said thirty days' period will re- suit in the Architect's decision becomin8 final and binding upon the Owner and the Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to all parties concerned. 2.2.13 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work be then fabricated, installed or completed. However, neither the Architect's authority to act under this Subparagraph 2.2.13, nor any decision made by him in good faith either Io exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Architect to the C~nlractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 2.2.14 The Architect will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the ilem is a component. 2.2.1S The Architect will prepare Change Orders in ac- cordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.4.1. AIA DOCUMENT A201 · GENER&L CONDITION'S OF IH[ CONTRAC1 fOR CONSTRUCTION · THIRTEEN'TH EDITION · AUGUST lg76 & A201-1976 ^~ · ~'~ 10'~, · THE AMERICAN INSIlIUIE Of ARCHITEC'[S. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 I I I ! I ! I I I I i I I I 2.2.1& The Architect will conduct inspections to deler- mine the dates of Substantial Completion and final com- pletion, will receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract and assembled by the Contrac- tor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 2.2.17 If the Owner and Architect agree, the Architect will provide one or more Project Representatives to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as set forth in an exhibit to be incorporated in the Contract Documents. 2.2.18 The duties, responsibilities and limitations of au- thority of the Architect as the Owner's representative dur- ing construction as set forth in the Contract Documents will not be modified or extended without written con- sent of the Owner, the Contractor and the Architecl. 2.2.1g In case of the termination of the employment of the Architect, the Owner shall appoint an architect against whom the Contractor makes no reasonable objec- tion whose status under the Contract Documents shall be that of the former architect. Any dispute in connection with such appointment shall be subject to arbitration. ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner is the person or entity identified as such in the Owner-Contractor Agreement and is referred to throughout the Contract Documents as if singular in num- ber and masculine in gender. The term Owner means the Owner or his authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall, at the request of the Contractor, at the time of execution of the Owner-Contractor Agree- ment, furnish to the Contractor reasonable evidence that he has made financial arrangements to fulfill his obliga- tions under the Contract. Unless such reasonable evi- dence is furnished, the Contractor is not required to execute the Owner-Contractor Agreement or to com- mence the Work. 3.2.2 The Owner shall furnish all surveys describing th~ physical characteristics, legal limitations and utility loca- tions for the site of the Project, and a legal description of Ihe site. 3.2.3 Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, ease- ments, assessments and charges required for lhe construc- tion, use or occupancy of permanent structures or for per- manent changes in existing facilities. 3.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable prompt- ness to avoid delay in the orderly progress of the Work. 3.2.5 Unless otherwise provided in the Contract Docu- ments, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications r?sonably nec- essary for the execution of the Work. 3.2.6 The Owner shall forward all instructions to the Contractor throuBh the Architect. 3.2.7 The foregoin8 are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Work by Owner or by Separate Contractors, Payments and Completion, and In- surance in Articles 6, 9 and 11 respectively. 3.3 OWNER'S RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph 13.2 or persistently fails to carry out the Work in accordance with the Contract Docu- ments, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any porlion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extenl required by Subparagraph 6.1.3. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence ~nd promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Archi- tect's additional services made necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Architect. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. ARTICLE 4 CONTRACTOR 4.1 DEFII~ITION 4.1.1 The Contractor is the person or entih, identified as such in the Owner-Contractor Agreement and is referred Io throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means Ihe Contractor or his aulhorized representative. 4.2 REVIEM/ Of CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect any error, inconsistency or omission he may dis- cover. The Contractor shall not be liable to the Owner or AIA DOCUMENT A2~1 ,, GENI:Ra.~. CONDITION5 OF 1HI CON~rRAC1 fOR CONSIR%'CIION · 1HIR1EE~TH EDIIION · AUGUST l~Tb AIAe · ~ 1976 · lHE A~,tERICAN INSIlIUII' Of ARCHI'~ECIS, 1735 NEW YORk AVtNUE. N W.. WASHINGTON. D.C. ~ A201-1976 7 the Architect for any damage resulting from any such errors, inconsistencies or omissions in the Contract Docu- ments. The Contractor shall perform no portion of the at any time without Contract Documents or, where uired, approved Shop Drawings, Product Data or Samples for such portion of the Work. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his best skill and atlention. He shall be solely re- sponsible for all construction means, methods, tech- niques, sequences and procedures and for coordinating all portions of the Work under the Contract. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontrac- tors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. 4.3.3 The Contractor shall not be relieved from his obli- R~tions to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his administration of the Contract, or by inspections, tests or approvals required or performed un- der Paragraph 7.7 by persons other than the Contractor. 4.4 L&BOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Docu- ments, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution ~! completion~of the Work, whether temporary or per- :,~:~'~ent and whether or not incorporated or to be incor- ~=~orated in the Work. 4.4.2 The Contractor shall at all times enforce strict dis- cipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise speci- fied, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. If required by the Architect, the Contraclor shall furnish satisfactory evi- dence as to the kind and quality of malerials and equip- ment. This warranty is not limited by Ihe provisions of Paragraph 13.2. 4.6 TAXES 4.6.1 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. 4.7 PERMITS, FEES AND NO11CES 4.7.1 Unless otherwise provided in the Contract Docu- ments, the Contractor shall secure and pay for the build- ing permit and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are custom- arily secured aiter execution of the Contract and which are legally required at the time the bids are received. 4.7.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful or- ders of any public authority bearing on the performance of the Work. 4.7.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accord- ance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Docun'ients are at variance therewith in any re- spect, he shall promptly notify the Architect in wdting, and any necessary changes shall be accomplished by ap- propriate Modification. 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regula- tions, and without such notice to the Architect, he shall assume full responsibility therefor and shall bear all costs attributable thereto. 4.8 ALLOWANCES 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Owner may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable objection. 4.8.2 Unless otherwise provided in the Contract Docu- ments: .1 these allowances shall cover the cost to the Con- tractor, less any applicable trade discount, of the materials and equipment required by the allowance delivered at the site, and all applicable taxes; .2 the Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, prof- it and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; .3 whenever the cost is more than or less than the allowance, the Contract Sum shall be adjusted ac- cordingly by Change Order, the amount of which will recognize changes, if any, in handling costs on o the site, labor, installation costs, overhead, profit and other expenses. 4.9 SUPERINTENDENT 4.9.1 The Contractor shall employ a competent superin- tendent and necessary assistants who shall be in attend- ance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if Riven to the Contractor. Important commu- nications shall be confirmed in writing. Other communi- cations shall be so confirmed on written request in each case. 4.10 PROGRESS SCHEDULE 4.10.1 The Contractor, immediately after being awarded the Conlract, shall prepare and submit for the Owner's and Architect's information an estimated progress sched- AIA DOCUMENT A201 · GE%ERAL CONDITIONS OF THE CONTRACT FOR CON51RUCTION * THIRTEENTH EDITION · AUGUST lg76 8 A201-1976 ^IA~' · ~' le76 · 1HE A~.tERICAN INSTITUTE OF ARCHITECTS, 1735 Nr~¥ YORK AVENUE, N.W.. WASHINGTON. D.C. 20006 I I I i I I I I i I ! I I I I I ! ule for the Work. The progress schedule shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practicable execution of the Work. 4.11 DOCUMENTS AND SAMPLES AT THE .SITE 4.11.1 The Contractor shall maintain at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in 8ood order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Architect and shall be delivered to him for the Owner upon completion of the Work. 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and eslablish standards by which the Work will be judged. 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4.12.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field meas- urements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Docu- ments. 4.12.6 The Contractor shall not be relieved of responsi- bility for an)' deviation from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.14 unless the Contractor has specifically informed the Architect in writing of such deviation at the time of sub- mission and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The Contractor shall direct specific auention, in wrilinfi or on resubmilled Shop Drawing.% Product Data or Sample.% lo revisions other than those requested by the Architect on previous submittals. 4.12.8 No porlion of the Work requiring .~ubmission of a Shop Drat~'ing, Produc! Data or Sample shall be com- menced until Ihe .~ubmiual has been approYed by the Architect as provided in Subparagraph 2.2.14. All such portions of the Work shall be in accordance with ap- proved submittals. 4.13 USE OF SITE 4.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encum- ber the site with any materials or equipment. 4.14 CUTTING AND PATCHING OF WORK 4.14.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 4.14.2 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. 4.15 CLEANING UP 4.15.1 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completlun of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construc- tion equipment, machinery and surplus materials. 4.15.2 If the Contractor fails to clean up at the comple- tion of the Work, the Owner may do so as provided in Paragraph 3.4 and the cost thereof shall be charged to the Contractor. 4.16 COMMUNICATIONS 4.16.1 The Contractor shall forward all communications to the Owner through the Architect. 4.17 ROYALTIES AND PATENTS 4.17.1 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has rea- son to believe that the design, process or product speci- fied is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Architect. 4.18 INDEMNIFICATION 4.18.1 To the fullest extent permitled by law, the Con- tractor shall indemnify and hold harmless the Owner and Ihe Architect and their agents and employees from and against all claims, damages, losses and expenses, including but nol limited lo allorneys' fees, arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable lo bodily injury, sickness, disease or death, or to injury lo or destruction of tangible property (other than the Work itself) including the loss of use resulting Iherefrom, AIA DOCUMEh'T A201 · GE~IRAL CO~:DITIONS O! THE CONTR,~L"'T FOR CO~STRUC'rlON · THIRTEENTH EDITION · AUGUST 1976 AIAe · ~' lq76 · 11l[ A,t[.RICAN IN.~,IlIUIE O! ARCHITECI.~,. 1735 N[I,¥ YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A201-1976 9 (2) is caused in whole or in part by any negligent act omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to ne- gate, abridge, or otherwise reduce any other right or obli- gation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.18. 4.18.2 In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnifi- cation obligation under this Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 4.18.3 The obligations of the Contractor under this Para- graph 4.18 shall not extend to the liability of the Archi- tect, his agents or employees, arising out of (1) the prepa- ration or approval of maps, drawings, opinions, reports. surveys, change orders, designs or specifications, or (21 the giving of or the failure to give directions or instruc- tions by the Architect, his a~:ents or employees provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a person or entity who has a di- rect contract with the Contractor to perform any of the Work at the site. The lerm Subcontractor is referred to throughout the Contract Documents as if singular in num- ber and masculine in gender and means a Subcontractor or his authorized representative. The term Subcontractor does not include any separate contractor or his subcon- tractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to per- form any of the Work at the site. The term Sub-subcon- tractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-subcontractor or an authorized representa- tive thereof. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise required by the Contract Docu- ments or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall fur- nish to the Owner and the Archilect in writing the names of the persons or entities (including those who are to fur- nish materials or equipment fabricated Io a special design) proposed for each of the principal portions of the Work. The Architect will promptly reply to the Contractor in wriling stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner or the Architect has made reasonable objection under the provi- sions of Subparagraph 5.2.1. The Contractor shall not be required to conlract with anyone to whom he has a rea- sonable objection. 5.2.3 If the Owner or the Architect has reasonable objec- tion to any such proposed person or entity, the Contrac- tor shall submit a substitute to whom the Owner or the Architect has no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitu- tion unless the Contractor has acted promptly and re- sponsively in submitting names as required by Subpara- graph 5.2.1. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. 5.3 $UBCONTRACTUAL RELATIONS S.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be per- formed by the Subcontractor, to be bound to the Con- tractor by the terms of the Contract Documents, and to as- sume toward the Contractor all the obligations and re- sponsibilities which the Contractor, by these Documents, assumes toward the Owner and the Architect. Said agree- ment shall preserve and protect the rights of the Owner and the Architect under the Contract Documents with re- spect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Sub~:ontractor, unless specifi- cally provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Docu- ments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into si~nilar agreements with his Sub-subcontractors. The Con- tractor shall make available to each proposed Subcon- tractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make cop- ies of such Documents available to his Sub-subcontractors. ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS &.1.1 The Owner reserves the right to perform work re- lated Io Ihe Project with his own forces, and to award 10 A201-1976 AIA DOCUMENT A201 · GENERAL CONDITIONS Of THE CONTRACt fOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 AI&W · ~ 1976 · 1HE AMERICAN INSTIIUTE OF ARCHITECTS, 1735 NE~,¥ YORK AVENUE, K.W., WASHINGTON, D.C. 20006 I I i ! I I I I ! i I ! I ! I separate contracts in connection with other portions of the Project or other work on the site under these or similar Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as pro- vided elsewhere in the Contract Documents. &.12 When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. 6.1.3 The Owner will provide for the coordination of the work of his own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 6.2. &.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the inlroduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Docu- ments. 6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to Ihe Archi- tect any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the Owner's or separate con- tractors' work as fit and proper to receive his Work, ex- cept as to defects which may subsequently become appar- rent in such work by others. 6.2.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 6.2.4 Should the Conlractor wrongfully cause damage to the work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy such dam- age as provided in Subparagraph 10.2.5. 6.2.5 Should the Contractor wrongfully cause damage to the work or property of any separate contractor, the Con- tractor shall upon due notice promptly attempt Io settle with such other contractor by agreement, or otherwise to resolve the dispute. If such separate contractor sues or initiates an arbitration proceeding against the Owner on account of any damage alleged Io have been caused by the Contractor, the Owner shall noti~ the Contractor who shall defend such proceedings at the Owner's ex- pense, and if any iudgment or award against the Owner arises Iherefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys' fees and court m arbitration cosls which the Owner has incurred. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute ari.,,e.~ between the Contractor and sepa- rate contractors as Io their responsibility for cleanin~ up as required by ParaRraph 4.15. the Owner may clean up and charge the cost thereof to the contractors responsible therefor as the Architect shall determine to be just. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be 8overned by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in re- spect to all covenants, agreements and obligations con- tained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner. 7.3 WRITTEN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by regis- lered or certified mail to the last business address known to him who gives the notice. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omis- sion of the other party or of any of his employees, agents or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 7.5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the Con- tractor to furnish bonds covering the faithful performance of Ihe Contract and the payment of all obligations arising thereunder if and as required in the Bidding Documents or in the Contract Documents. 7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations imposed by the Contract Documents and the rights and remedies available there- under shall be in addition Io and not a limitation of any duties, obligation.<, rights and remedies otherwise im- posed or available by law. 7.6.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act conslitute an approval of or acquie.<cence in any breach thereunder, except as may be specifically agreed in writing. AI4 DOCUMENT A201 · GIK[LM COq,:DITIONS O[ 1HE CON'1KAC'T FOR Ct')~TRL~CIlC)~ · ItJIRTI'EI~IH EDITION · AUGUST AI.~'e · ~ lqTf, · ltl[ Aq, t[£1L"~.q~ INSTITUTE OF ARCIIIIFCT.~, 173~ NIl&,' YORK AVENUE. N.W.. t,%'ASHINGTON, D.C..'~(~.'~ A201-1cJ76 11 I 7.7 TESTS 4~11~.1 If the Contract Documents, laws, ordinances, rules, ~ulations or orders of any public authority having, juris- I~tion require any portion of the Work to be inspected, tted or approved, the Contractor shall give the Architect ~gfnely notice of its readiness so the Architect may observe such inspection, testing or approval. The Contractor shall I bear all costs of such inspections, tests or approvals con- ducted by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspections, tests or approvals. 7.7.2 If the Architect determines that any Work requires special inspection, testing, or approval which Subpara- graph 7.7.'I does not include, he will, upon written au- Ithorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 7.7.1. If such special inspection or testing re~,eals a failure I of the Work to comply with the requirements of the Con- tract Documents, the Contractor shall bear all costs there- of, including compensation for the Architect's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.7.3 Required certificates of inspection, testing or ap- l proval shall be secured by the Contractor and promptly delivered by him to the Architect. ,.Z,7.4 If the Architect is to observe the inspections, tests i~approvals required by the Contract Documents, he will ~ so promptly and, where practicable, at the source of Ipply. ~a~r.6 INTEREST I 7.8.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in Ihe absence thereof, at the legal rate prevailin8 at I the place of the Project. 7.9 ARBITRATION 7.9.1 All claims, disputes and other matters in question I between the Contractor and the Owner arising out of, or relating Io, the Contract Documents or the breach there- of, except as provided in Subparagraph 2.2.11 with re- spect to the Architect's decisions on matters relatin8 to I artistic effect, and except for claims which have been waived by the making or acceptance of final payment as provided by Subparagraphs 9.9.4 and 9.9.5, shall be de- cided by arbitration in accordance with the Construction IIndustry Arbilration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to the Contract Documents shall include, by consolida- I tion, joinder or in any other manner, 'the Architect, his employees or consultants except by written consent con- taining a specific reference to the Owner-Contractor ~greement and sigrmd by the Architect, the Owner, the I~,ntractor and any other person sought to be joined. No 4~oitration shall include by consolidation, joinder or in ~F~y olher manner, parties other than the Owner, the i~ontraclor and any other persons substantially involved ~ a common question of fact or law, whose presence is 12 A201-1976 ! required if complete relief is to be accorded in the arbi. tration. No person other than the Owner or Contractor shall be included as an original third party or additional third party to an arbitration whose interest or re~nsi- bilily is insubstantial. Any consent to arbitration involvin8 an additional person or persons shall not constitute ~ sent to arbitration of any dispute not described therein or with any person not named or described therein. The foregoing agreement to arbitrate and any other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner-Contractor Agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.9.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Owner-Contractor Agreement and with the American Arbitration Associa- lion, and a copy shall be filed with the Architect. The demand for arbitration shall be made within the time limits specified in Subparagraph 2.2.12 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institu- tion of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.9.3 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress durin8 any arbitration proceedings, and the Owner shall con- tinue to make payments to the Contractor in accordance with the Contract Documents. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, the Contract Time is the period of time allotted in the Contract Documents for Substantial Completion of the Work as defined in Sub- paragraph 8.'1.3, including authorized adjustments thereto. 8.1.2 The date of commencement of the Work is the date established in a notice to proceed. If there is no notice to proceed, it shall be the date of the Owner-Contractor Agreement or such other date as may be established therein. 8.1.3 The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended. 8.1.4 The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. 8.2 PROGRESS AND COMPLETION 8.2.1 All time limits stated in the Contract Documents are of the essence of the Contract. AIA DOCUMENT A2~1 · GENERAL CONDITIONS OF 1'HE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 .~,IA~ · ~ 1Q?~ · THE Ak4ERICAN INSTIIUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., M,'ASHINGTON0 D.C. 20006 ! I ! I I I ! I ! I i ! ! ! ! ! ! 8.2.2 The Contraclor shall begin the Work on the date of commencement as defined in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. ~.3 DELAYS AND EXTENSIONS OF TIME a.3.1 If the Contractor is delayed at any time in the prog- ress of the Work by an)' act or neglect of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, adverse weather condi- tions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or by de- lay authorized by the Owner pending arbitration, or by any other cause which the Architect determines may justify the delay, then the Contract Time shall be ex- tended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Any claim for extension of time shall be made in writing to the Architect not more than twenty days after the commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.3 If no agreement is made stating the dates upon which interpretations as provided in Subparagraph 2.2.8 shall be furnished, then no claim for delay shall be al- lowed on account of failure to furnish such interpreta- tions until fifteen days after written request is made for them, and not then unless such claim is reasonable. 8.3.4 This Paragraph 8.3 does not exclude the recovery of damages for delay by either party under other provi- sions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Owner-Contractor Agreement and, including authorized adjustments thereto, is lhe total amount payable by the Owner to the ContraC- tor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the firsl Application for Payment, the Con- tractor shall submit to the Architect a schedule of values allocated to the various portions of the Work, prepared in .~uch form and supported by ~uch data to substantiate its accuracy as the Architect may require. This schedule° un- less objected to by Ihe Archilect, .~hall be used only as a basis for the Conlraclor's Applications for Pa.vmenl. ~J.3 APPLICA'i'IONS FOR PAYMENT 9.3.1 At least ten days before Ihe date for each progress payment established in the Owner-Contractor Agreement. the Contractor shall submit lo the A~chitect an itemized Application for Pa~.°ment. notarized if required..~upporled by such data substantiating the Contractor's right to pay- ment as the Owner or the Architect may require, and re- flecting retainage, if any, as provided elsewhere in the Contract Documents. 9.3.2 Unless otherwise provided in the Contract Docu- ments, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if approved in ad- vance by the Owner, payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the site shall be con- ditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equip- ment or otherwise protect the Owner's interest, including applicable insurance and transportation to the site for those materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the Owner either by .incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, herein- after referred to in this Article 9 as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, sub- ject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or other- wise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after the re- ceipt of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing his reasons for withholding a Certificate as pro- vided in Subparagraph 9.6.1. 9.4.2 The issuance of a Certificate for Payment will con- stitute a representation by the Architect to the Owner, based on his observations at the site as provided in Sub- paragraph 2.2.3 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subse- quent tests required by or performed under the Contract Documents, to minor deviations from the Contract Docu- ments correctable prior to completion, and lo any specific qualificalions stated in his Certificate); and that the Con- Iractor is entitled to payment in the amount certified. HoweYer, by issuing a Certificate for Payment, the Archi- lect shall nol thereby be deemed to represent that he has made exhaustive or continuous on-site inspections to check the quality or quantity of the VVork or that he has reviewed the construclion means, methods, techniques, AIA DOCUMEI~T ALit · (~! '"gE RAL CONDITIONS OF 1HE CO~,:I£&C"q' fOR Ct)~SIRUCTIO~ * IHIRTEEI~IH EDITION · AUGUST lgT& AIAe, * ~' le'e~ · 111[ AME£1CA% INSllltlll. (Ir ARCHIIlC1S. 1.'3~ %;EI,¥ YORK AVENUE, N.V~'., I, VASHINGTO.'~, D.C. 20006 A201-1976 13 I sequences or procedures, or that he has made any e a - xm · ination to ascertain how or for what purpose the Contrac- · i: has used the moneys previously paid on account of · Contract Sum. ~".5.1 After the Architect has issued a Certificate for Pay- III ment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.5.2 The Contractor shall promptly pay each Subcon- tractor, upon receipt of payment from the Owner, out of · the amount paid to the Contractor on account of such · Subcontractor's Work, the amount to which said Subcon- Iractor is entitled, reflecting the percentage actually re- tained, if any, from payments to the Contractor on ac- · count of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, re- quire each Subcontractor to make payments to his Sub- subcontractors in similar manner. · 9.5.3 The Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regardin8 the percentages of completion or the amounts · applied for by the Contractor and the action taken there- · on by the Architect on account of Work done by such Subcontractor. I 9.5.4 Neither the Owner nor the Architect shall have any · obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required ! · ~ No Certificate for a progress payment, nor any ~rogress payment, nor any partial or entire use or occu- 15ancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Con- · Il'aCt Documents. 9.& I~AYMENTS WITHHELD 9.6.1 The Architect may decline to certify payment and · may withhold his Certificate in whole or in part, to the extent necessary reasonably to protect the Owner, if in his opinion he is unable to make representations to the · Owner as provided in Subparagraph 9.4.2. If the Architect · is unable to make representations to the Owner as pro- vided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he will notify the Contractor · as provided in Subparagraph 9.4.1. If the Contractor and · the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment .. for the amount for which he is able to make such rep- · resentations to the Owner. The Architect may also decline · to certify payment or, because of subsequently discov- ered evidence or subsequent obse~,ations, he may nullify ... the whole or any part of any Certificate for Payment · previously issued, to such extent as may be necessary in · his opinion to protect the Owner from loss because of: .1 defective work not remedied, · ~ .2 Ihird party claims filed or reasonable evidence indi- I ~ caring probable filing of such claims, t.3 failure of the Contractor to make payments prop- ~1~ erly to Subcontractors or for labor, materials or I1~ equipment, .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum, .5 damage to the Owner or another contractor, .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, or .7 persistent failure to carry out the Work in accord- ance with the Contract Documents. 9.&.2 When the above 8rounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Pay- ment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and the Architect, stop the Work until payment of the amount owing has been received. The Contract Sum shall be in- creased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, which shall be ef- fected by appropriate Change Order in accordance with Paragraph '12.3. 9.8 SUBSTANTIAL COMPLETION 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subpara- graph 8.1.3, the Contractor shall prepare for submission to the Architect a list of items to be completed or cor- rected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Architect on the basis of an inspection deter- mines that the Work or designated portion thereof is sub- stantially complete, he will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall com- plete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of Sub- stantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsi- bilities assigned to them in such Certificate. 9.8.2 Upon Substantial Completion of the Work or desig- nated portion thereof and upon application by the Con- tractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Con- Irac't Documents. 9.9 FINAL COMPtETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon re- ceipt of a final Application for Payment, the Architect will AIA DOCUMENT AL~01 · GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTIO'~ · THIRTEENTH EDITION · AUGUST 1976 14 A201-1976 AIAe · ~ l~r'e · 1HE AJ~EI:ICAN INSTIIU'~E OF ARCHITECTS, 1735 NEW YORK AVENUE, K.~.~,'., WASHINGTON, D.C. 2tX~06 promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been com- pleted in accordance with the ten~s and conditions of the Contract Documents and that the entire balance tound to be due the Contractor, and noted in said final Certificate, is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment as set forth in Subparagraph g.9.2 have been fulfilled. 9.9.2 Neither the final payment nor the remaining re- tained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3), if required by the Owner, other data establishing payment or satisfaction of all such obliga- tions, such as receipts, releases and waivers of liens aris- ing out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all mon- eys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or cor- rected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.5. the written consent of the surety to thl~ payment of the balance due for that portion of lhe Work fully completed and accepted shall be submitted by the Contractor Io the Architect prior lo'certification of such payment. Such payment shall be made under the terms and conditions r, overnin§ final payment, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall constitute a waiver of all claims by Ihe Owner except those arising from: .1 unseltled liens, .2 faulty or defeclive Work appearing after Substantial Completion, .3 failure of Ihe Work to comply with the require- merits of Ihe Contract Documents, or .4 lerms of any special warranties required by the Conlr~:l Documents. 9.9.5 The acceptance 0( final payment shall constitute a waiver of all claims by the Contractor except those previ- ously made in writing and identified by the Contractor as unsettled at the time of the final Application for Pay- ment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 ~ I~.ECAUTJON$ AND I~ROG~4dI~ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 10.2 SAFLrI'Y OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precau- tions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: .1 all employees on the Work and all other persons who may be affected thereby; .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, in- cluding trees, shrubs, lawns, walks, pavements, roadways, structures and utililies not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall 8ire all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as re- quired by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, in- cluding posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy all damage or loss (other than damage or loss insured under Para- graph 11.3) to any property referred to in Clauses 10.2.'i.2 and 10.2.'1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable and for which the Contractor is responsible under Clauses '10.2.1.2 and 10.2.'1.3, except damage or loss attributable to the acts or omissions of the Owner or Architect or anyone direclly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault o~ negligence of the Contrac- tor. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.18. AIA DOCUMENT A2~1 · GENERAL CONDITIONS Or TH[ co"~TRACT fOR CO'~SIRUCIlO'~ · THIRTEENTH EDITION · AUGUST 1~J76 AIA~ · ~) W76 · 111[ A~4[~.ICAN INSTIIUIE O! ARCHITECTS, 17.1~, N[~.¥ YORk AVENUE, N.tA'.. WASHINGTON, D.C. ~ A201-1976 15 10.2.6 The Contractor shall designate a responsible mem- ber of his organization at the site whose duty shall be the of accidents. This person shall be the Contrac- superintendent unless otherwise designated by the in writing to the Owner and the Architect. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Con- tractor on account of emergency work shall be deter- mined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSUIANCE 11.1.1 The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee bene- fit acts; .2 damages because of bodily injury, oc- claims for cupational sickness or disease, or death of his employees; .3 claims for damages because of bodily injury, sick- ness or disease, or death of any person other than his employees; .4 claims for damages insured by usual personal in- jury liability coverage which ar.e sustained ('1) by any person as a result of an offense directly or in- directly related to the employment of such person by the Contractor, or (2) by any other person; .:; claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the o~vnership, maintenance or use of any motor vehicle. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, which- ever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to he Conlraclor's obligations under Paragraph 4.'18. Certificates of Insurance acCeptable to the Owner be filed with the Owner prior lo commencement of qe Work. These Certificates shall contain a provision that coverages afforded under the policies will not be can- celled until at least thirty days' prior written notice has been $iven to the Owner. 11.2 OWNEe'S UAmU~ INSUeANCE 11.2.1 The Owner shall be responsible for purchasin$ and maintainin8 his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and ex- tended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. If the Owner does not intend to purchase such insurance for the full insurable value of the entire Work, he shall .in- form the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of himself, his Subcontrac- tors and the Sub-subcontractors in the Work, and by ap- propriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by failure of the Owner to purchase or maintain such insurance and to so notify the Contractor, then the Owner shall bear all reasonable costs properly attributable thereto. If not cov- ered under the all risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work stored off the site or in transit when such por- tions of the Work are to be included in an Application for Payment under Subparagraph 9.3.2. 11.3.2 The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Con- tract Documents or by law. This insurance shall include the interests of the Owner, the Contractor, Subcontrac- tors and Sub-subcontractors in the Work. 11.3.3 Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Own. er as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.3.8. The Con- tractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by ap- propriate agreement, written where legally required for validity, shall require each Subcontractor to make pay- ments to his Sub-subcontractors in similar manner. 11.3.4 The Owner shall file a copy of all policies with the Contractor before an exposure to loss may occur. 11.3.5 If the Contractor requests in writing that insurance for risks other than those described in Subparagraphs 11.3.1 and 11.3.2 or other special hazards be included in the property insurance policy, the Ch. vnet shall, if pos- sible, include such insurance, and the cost thereof shall be char§ed to the Contractor by appropriate Change Order. Al& DOCUMENT A2~1 · GEh;ERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION · THIRTEENTH EDITION · AUGUST 1976 16 A201-1976 AIAe · ~:) lgr& · THE AMERICAN INSTITUTE OF ARCHITECTS. 17.15 N[~%' YORK AVENUE, N.W.0 WASHINGTON, D.C. 20006 I I I I I I- I I I 'l I 11.3.6 The Owner and Contractor waive all rights against (1) each other and the Subcontractors, Sub-subcontractors. agents and employees each of the other, and (2) the Architect and separate contractors, if any, and their sub- . contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property insurance applicable to the Work, except such rights as they may have to the pro- ceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Architect, his agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Architect, separate con- tractors, Subcontractors and Sub-subcontractors by ap- propriate agreements, written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Subparagraph 11.3.6. 11.3.7 If required in writin8 by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He shall deposit in a separate account any money so re- ceived, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in ac- cordance with an award by arbitration in which case the procedure shall be as provided in Paragraph 7.9. If after such loss no other special agreement is made, replace- ment of damaged work shall be covered by an appropri- ate Change Order. 11.3.8 The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If dis- tribution of the insurance proceeds by arbitration is re- quired, the arbitrators will direct such distribution. 11.3.9 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Com- pletion thereof, such occupancy or use shall not com- mence prior to a time mutually agreed to by the Owner, and Contractor and to which the insurance company or companies providing the property insurance have con- sented by endorsement to the policy or Dolicies. This in- surance shall not be cancelled or lapsed on account of such partial occupancy or use. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 11.4 LOSS OF USE INSURANCE 11.4.1 The Owner, at his option, may purchase and main- tain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contraclor for loss of use of his property, including con- sequential losses due to fire or other hazards however caused, to the extent covered by insurance under this Paragraph 11.4. ARTICLE 12 CHANGES IN THE WORK. 12.1 CHANGE 12.1.1 A Change Order is a written order to die Contrac- tor signed by the Owner and the A~chitect, issued after executio~ of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Con- tract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his aBreement there- with, including the adjustment in the Contract Sum or the Contract Time. 12.1.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consistin8 of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Docu- ments. 12.1.3 The cost or credit to the Owner resultin8 from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or p,~cet~tage fee; or .4 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architect on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Con- tract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 above, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized account- in8 together with appropriate supportin8 data for inclu- sion in a Change Order. Unless otherwise provided in the Contract Documents, cost shall be limited to the fol- lowing: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemplo)~ent insurance, and fringe benefits re- quired by agreement or custom; workers' or workmen's compensalion insurance; bond premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel directly attributable Io the change. Pending final determination of cost to the Owner, payments on account shall be made on the Archi- feet's Certificate for Payment. The amount of credit to be allowed by the Contractor lo the'Owner for any deletion AIA OOCUMENT ~ · GENERAL coNDITIONS OF THE coNTRACT FOR CONST£UCIION · THIItTEENTH EDITION · AUGUST ltJT& AIA~ · ~ lg~& · IH[ AJ~ERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. ~006 .4L21ri-1976 17 or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as .aied by the ArchitecL When both additions and credits verin8 related Work or substitutions are involved in one change, the allowance for overhead and profit II be figured on the basis of the net increase, if any, h respect to that change. 12.1.5 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities orig- inally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial in- equity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. The Contractor shall carry out such written orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK · 13.1 UNCOVEIUNG OF WOrK 13.1.1If any portion of the Work should be covered con- trary to the request of the Architect or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for his observation and shall be replaced at the Contractor's expense. 13.1.2 If any other portion of the Work has been covered which the Architect has not specifically requested to ob- I 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the serve prior to being covered, the Architect may request performance of the Work below the surface of the ground to see such Work and it shall be uncovered by the Con- or should concealed or unknown conditions in an existing tractor. If such Work be found in accordance with the I structure be at variance with the conditions indicated by Contract Documents, the cost of uncovering and replace- the Contract Documents, or should unknown physical ment shall, by appropriate Change Order, be charged to conditions below the surface of the ground or should the Owner. If such Work be found not in accordance with concealed or unknown conditions in an existing structure the Contract Documents, the Contractor shall pay such I of an unusual nature, differing materially from those ordi- costs unless it be found that this condition was caused narily encountered and generally recognized as inherent by the Owner or a separate contractor as provided in in work of the character provided for in this Contract, be Article 6, in which event the Owner shall be responsible encountered, the Contract Sum shall be equitably ad- for the payment of such costs. I justed by Change Order upon claim by either party made within twenty days after the first observance of the 13.2 CORRECTION OF WORK conditions. 13.2.1 The Contractor shall promptly correct all Work t rejected by the Architect as defective or as failing to con- I 2.3 CLAtMS FOR ADDII'IONAL COST form lo the Contract Documents whether observed be- [112.3.1 If the Contractor wishes to make a claim for an fore or after Substantial Completion and whether or not ~increase in the Contract Sum, he shall give the Architect fabricated, installed or completed. The Contractor shall written notice thereof within twenty days after the occur- bear all costs of correcting such rejected Work, including fence of the event giving rise to such claim. This notice compensation for the Architect's additional services made shall be given by the Contractor before proceeding to necessary thereby. execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- 13.2.2 If, within one year after the Date of Substantial i ceed in accordance with Paragraph 10.3. No such claim Completion of the Work or designated portion thereof or shall be valid unless so made. If the Owner and the Con- within one year after acceptance by the Owner of desig- tractor cannot agree on the amount of the adjustment in hated equipment or within such longer period of time as the Contract Sum, it shall be determined by the Architect. may be prescribed by law or by the terms of any appli- i Any change in the Contract Sum resulting from such cable special warranty required by the Contract Docu- claim shall be authorized by Change Order. ments, any of the Work is found to be defective or not in acc~ordance with the Contract Documents, the Contractor 12.3.2 If Ihe Contractor claims that additional cost is in- shall correct it promptly after receipt of a written notice I volved because of, but not limited to, (1) any written from the Owner to do so unless the Owner has previously interpretation pursuant to Subparagraph 2.2.8, (2) any given the Contractor a written acceptance of such condi- order by the Owner to stop the Work pursuant to Para- lion. This obligation shall survive termination of the graph 3.3 where Ihe Contractor was not at fault, (3) any Contract. The Owner shall 8ire such notice promptly I written order for a minor change in the Work issued pur- after discovery of the condition. suant to Paragraph 12.4, or (4) failure of payment by the Ch,vnet pursuant Io Paragraph 9.7, the Contractor shall 13.2.3 The Contractor shall remove from the site all pot- make such claim as provided in Subparagraph 12.3.1. tions of the Work which are defective or non-conforming I and which have not been corrected under Subparagraphs 12.4 MINOR CHANGES IN THE WORK 4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the 12.4.1 The Archilect will have authority to order minor Owner. changes in the Work not involving an adjustment in the I ~Contracl Sum or an exlension of the Contract Time and 13.2.4 If the Contraclor fails lo correct defective or non- ~l~ot inconsistent wilh Ihe inlent of the Contrac! Doc'u- conforming Work as provided in Subparagraphs 4.5.1, t hiS. Such chanF:es .~hall be effected by wrilten order, 13.2.1 and 13.2.2. the Owner may correct it in accordance .,... nd shall be binding on Ihe Owner and the Contractor. with Paragraph 3.4. AIA OOCUM[NT A201 · GEh;ER&L COnDItIOnS OF THE CO~ITRACT FOR CO~.STRUCTION · 1HIRT£['~TH EDITION · AUGUST 1976 18 A201-1976 AIA. e · ~ lq?b · 1HE A~.ITRICA.~ I~STIIL;TE Of ARCHITECTS. 1735 P~[~,¥ YORK AVE~,;U[. I~.~'~'.. 1,*,'ASHING10,'~, D.C. 20006 13.2.5 If Ihe Conlraclor does not proceed with Ihe cor- rection of such defective or non-conforming Work within a reasonable time fixed by written notice from the Archi- tect, the Owner may remove it and may store the mate- rials or equipment at the expense of the Contractor. If the Contractor does not pay the cosl of such removal and storage within len days thereafter, the Owner may upon ten additional days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensa- tion for the Architect's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafler due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 13.2.6 The Contraclor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4.5 hereof. The establishment 'of the time period of one year afle~ the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Docu- ments relates only to the specific obligation of the Con- tractor to correct the Work, and has no relationship to Ihe time within which his obligation to comply with the Contract Documenls may be sought to be enforced, nor to the time within which proceedings may be com- menced to establish the Contractor's liability with respect lo his obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.'I If the Owner prefers to accept defective or non- conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued Io reflect a reduction in the Conlract Sum where appropriale and equitable. Such adjustment shall be effected whether or not final payment has been made.. ARTICLE '14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their age,ts or employ- ees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certifi- cate for Payment as provided in Paragraph 9.7 m because the Owner has not made payment thereon as pravided in Paragraph 9.7, then the Contractor may, upon seven addi- lional days' written notice to the Owner and the Archi- tect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construc- lion equipment and machinery, including reasonable profit and damages. 14.2 TERMINATION BY THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his credi- tors, or if a receiver is appointed on account of his in- solvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is pro- vided, lo supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment Io Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authorily having jurisdiction, or otherwise is guilly of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven days' written notice, terminate the employment of the Contractor and take possession of the site and of all mate- rials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient. In such case the Contractor shall not be en- titled lo receive any further payment until the Work is finished. 14.2.2 If the unpaid balance of the Contract Sum exceeds the cosls of finishing the Work, including compensation for the Architect's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid lo the Contractor or to the Owner, as the case may be, shall be certified by the Architect, upon application, in the manner provided in Paragraph 9.4, and this obliga- lion for payment shall sun, lye the termination of the Contract. AIA DOCUM£N'I' /~."~! · Gl.~l[£~t CONDfTIO.~S Of 1HE CoNTrAcT rOR CO'~SrRuCII(IN · THIRTEENTH EDITION · AUGUST lg76 Ala, e · ~ lq'~ · 1t1[ AMERICAN I,"~SIITUI'E OI~ ARCHII[CI$. 1;'35 .~E~' ~'O£k AV[,'~UI'. N.V~'., WASHI."gGTO.'~, D.C. ~ A201-1976 19 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A2011SC Federal Supplementary Conditions of the Contract For Construction THIS DOCUMENT HAS IMPORTANT L~.GAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RE. SPECT TO ITS COMPLETION OR MODIFICATION 1977 EDITION TABLE OF ARTICLES 15. MODIFICATIONS OF THE GENERAL CONDITIONS .1 Modification of Paragraph 1.2, Execution, Correlation and Intent .2 Modification of Paragraph 4.8, Allowances .3 Modification of Paragraph 5.2, Award of Subcontracts and Other Contracts for Portions of the Work .4 Modification of Paragraph 7.5, Performance Bond and Labor and Material Payment Bond .5 Modification of Paragraph 10.1, Safety Prec,a_utions and Programs .6 Modification of Paragraph 11.1, Contractor s Liability Insurance 16. ADDITIONAL CONDITIOI~$ .1 Substitution of Materials and Equipment .2 Federal Inspection .3 Lands and Rights-of-Way .4 Equal Opportunity .5 Certification of Nonsegregated Facilities .6 Minimum Wages .7 Payrolls'and Basic Records ' .8 Apprentices and Trainees .9 Compliance with Copeland Regulations .10 Contract Work Hours and Safety Standards Act ~ Overtime Compensation and Safety Standards .11 of Funds Withholding .12 Subcontracts .13 Contract Termination ~ Debarment .14 Use and Occupancy of Project Prior to Acceptance by the Owner 17. INSURANCE REQUIREMENTS This document may be used for U.S. Department of Health, Education and Welfare Federally Assisted Construction Projects. ~Ol~SC-~S~ SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 15 MODIFICATIONS OF THE GENERAL CONDITIONS 15.1 MODIFICATION OF PARAGRAPH 1.2, EXECLmON, CORRELATION AND INTENT 15.1.1 Add the following to Subparagraph 1.2.1: Such Documents shall be enumerated in the Owner- Contractor Agreement. 15.2 MODIFICATION OF PARAGRAPH 4.8, ALLOWANCES Substitute the followin$ for Subparagraph 4.8.1: 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied. for such amounts as the Owner may direct and by such persons as the Owner shall have determined by competitive bidding through public advertising. The Contractor shall purchase the items covered by these allowances by the award of Subcontract to the lowest responsive and responsible bidder. 15.3 MODIFICATION OF PARAGRAPH 5.2, AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Substitute the following for Subparagraph 5.2.2: 5.2.2 The Contractor shall not contract with any per- son or entity declared ineligible under Federal laws or regulations from participating in Federally assisted construction projects or to whom the Owner or the Architect has made reasonable objection under the provisions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. 15.4 MODIFICATION OF PARAGRAPH 7.5, PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND Substitute the following for Subparagraph 7.5.1: 7.5.1 The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful per- formance of this Contract and also a Labor and Mate- rial Payment Bond in an amount not less than one hundred percent (100%) of the Contract 5urn or in a penal sum not less than that prescribed by State, Ter- ritorial or local law, as security for the payment of persons performing labor on the Project under Ibis Contract and furnishing materials in connection with this Contract. The Performance Bond and the Labor and Material Payment Bond may be in one or in sep- arate inslruments in accordance with local law and shall be delivered to the Owner not later than the dale of execution of the Contract. 15.5 MODIFICATION OF PARAGRAPH 10.1, SAFETY PRECAUTIONS AND PROGRAMS Add the follow;~ SubparasrapIt 10.1.2: 10.1.2 Attention is invited to the insulations issued by the Secretary of Labor pursuant to Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) entitled "Safety and Health Regula- tions for Construction" (29 CFR Part 1926). The Con- tractor shall be required to comply with those regula- tions to the extent that any resulting Contract involves construction. 15.6 MODIFICATION OF ARTICLE 11, INSURANCE Refer to Article 17 for the limits of and any modifica- lions to the insurance requlzements of this Artlde. ARTICLE 16 ADDITIONAL CONDITIONS 16.1 SUBSTITUTION OF MATERIALS AND EQUIPMENT 16.1.1 Whenever a material, article or piece of equip- ment is identified on the Drawings or in the Specifi- cations by reference to manufacturers' or vendors' names, trade names, catalog numbers, or the like, it is so identified for the purpose of establishin8 a stand- ard, and any material, article, or piece of equipment of other manufacturers or vendors which will per- form adequately the duties imposed by the general design will be considered equally acceptable pro- vided the material, article, or piece of equipment so proposed is, in the opinion of the Architect, of equal substance, appearance and function. It shall not be purchased or installed by the Contractor without the Architect's written approval. 16.2 FEDERAL INSPECTION 16.2.1 The authorized representatives and agents of the Federal Government shall be permitted to inspect all Work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 16.3 LANDS AND RIGHTS-OF-WAY 16.3.1 Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the execution and completion of Work to be per- formed under this Contract. 16.4 EQUAl. OPPORTUNITY 16.4.1 During the performance of this Contract the Contractor agrees as follows: .1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, nationa! ori$in or age. The AIA IX)CUMENT A,~I~4: · fEDEILAL SUF'I~.EMENIARY CONDI'rlON~ Of THE CONTRACT FOR CO~"STI. UCTION · I'HIR~ EDITION 2 A2011SC-1977 AIA~ · AUGUST 1~)77 · THE AMERICAN II~STITUTE OF ARCHITECIS. 1715 N[~' YORK AVENUE, N.W., WASHINGTON, D.C.. 201306 Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, sex, religion, national origin or age. Such action shall include, but not be limited to, the following: employment, upgrading, demo- tion or transfer; recruitment or recruitment adver- tising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided by an appropriate agency of the Federal Government setting forth the requirements of these nondiscrimination provisions. .2 The Contractor will state, in all solicitations or advertisements for employees placed by or on be- half of the Contractor, that all qualified applicants will receive consideration.for employment without regard to race, color, sex, religion, national origin or age. .3 The Contractor will send to each labor union or representative of workers with which he has a col- lective bargaining agreement or other contract or understanding a notice to be provided by the Owner, advising the labor union or workers' rep- resentative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of Sep- tember 24, 1965 as amended, and shall post copies of the notice in conspicuous places available tO employees and applicants for employment. .4 The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations and rel- evant orders of the Secretary of Labor. .5 The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965 as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records and accounts by an appropriate agency of the Federal Government and by the Sec- retary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. .6 In the event of the Contractor's noncompliance with the Equal Opportunity conditions of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contrac- tor may be declared ineligible for further Govern- ment contracts or Federally assisted contracts in accordance with procedures authorized in Execu- tive Order No. 11246 of September 24, 1965, as amended, and such other ~anctions may be im- posed and remedies invoked as provided in said Executive Order, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. .7 The Contractor will include all clauses 16.4.1.1 to 16.4.1.7 inclusive in every Subcontract or purchase order unless exempted by rules, reBulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, lCJ65, as amended, so that such provisions will be binding upon each Subcontractor or vendor. The Contractor will take such action with respect to any Subcontractor or vendor as the apl~ropriate agency of the Federal Government may direct as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with · Subcon- tractor or vendor as a result of such direction by the appropriate agency of the Federal Government, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 16.4.2 Exemptions to the requirements of the above Equal Opportunity conditions are construction Con- tracts and Subcontracts not exceeding $10,000, and Contracts and Subcontracts with regard to Work per- formed outside the United States by employees who were not recruited in the United States. 16.4.3 Unless otherwise provided, the above Equal Opportunity provisions are not required to be inserted in sub-subcontracts except for Sub-subcontracts in- volving the performance of construction Wodc at the site of construction, in which case the provisions must be inserted in all Sub-subcontracts. 16.5 CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to Contracts and Subcontracts exceeding $10,(XX) which are not exempt from the provisions of Paragraph 16.4, "Equal Opportunity" of this Artide 16.) 16.S.1 By entering into an asreement related to the Work described in the Contract Documents the Co~ tractor or Subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Contractor or Subcon- tractor further certifies that he will not maintain or provide for his employees any segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any loca- tion under his control where segregated facilities are maintained. The Contractor or Subcontractor agrees that a breach of this certification is a violation of Paragraph 16.4, "Equal Opportunity." As used herein, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, res- taurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees on the basis of race, color, religion, age or national origin, because of habit, local custom, or otherwise. 'The Contractor further agrees that (ex- cept where he has obtained identical certifications from proposed Subcontractors for specific time peri- AIA DOCUMI~NT A2~1.,'$C · FEOEI:4.L SUPPL[M[I'gTARY COnDITIOnS Oi 1HI CONIRACT FOR CO~%STRUCTION ,, THIRD EDITION RIA~ · AUGUST 19.'T · THE AMEEICAI~ I~$111'U1[ Or ARCHITEC1S. 1,"iS N[~,%' yOeK AVENUE° I~.W,, WASHINGTON, D.C. 20006 A2011SC-1977 3 ods) he will obtain identical certifications from pro- posed Subcontractors prior to the award of Subcon- tracts exceeding $10,000 which are not exempt from the provisions of Paragraph 16.4 "Equal Opportu- nity;'' that he will retain such certifications in his files; and that he will forward the following notice to such proposed Subcontractors (except where the proposed Subcontractors have submitted identical certifications for specific time periods): ~'NOTICE TO PROSPECTIVE SUBCONTRACTOLS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 Federal Register 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a Subcontract exceeding $10,000 which is not exempt from the provisions of Paragraph 16.4 'Equal Opportunity.' The Certification may be sub- mitted either for each Subcontract or for all Subcon- tracts during a period, i.e. quarterly, semiannually or annually." 16.5.2 The penalb/for making false statements in Cer- tifications required by Paragraph 16.5.1 is prescribed in 18 USC 1001. MINIMUM WAGES 16.6.1 All mechanics and laborers employed or work- in8 directly upon the site of the Work shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account [except such payroll deductions as are per- mitted by the Copeland Regulations (29 CFR Part 3)], the full amounts due at time of payment computed at wage rates not less than the aggregate of the basic hourly rates and the rates of payments, contributions, or costs for any fringe benefits contained in the wage determination decision of the Secretary of Labor, which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor or Sub- contractor and such laborers and mechanics, and the wage decision shall be posted by the Contractor at the site of the Work in a prominent place where it can easily be seen by the workers. 1&.6.2 The Owner shall require that any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determina- tion and which is to be employed under the Contract shall be classified or reclassified conformably to the wage determination and a report of the action taken shall be sent to the appropriate Federal agency. If the interested parties cannot agree on the proper classi- fication or reclassification of a particular class of laborers or mechanics, including apprentices and trainees, to be used, the Owner.shall submit the ques- tion together with his recommendation through the appropriate Federal agency, to the Secretary of Labor for final determination. 16.6.3 The Owner shall require, whenever the mini- mum wage rate prescribed in the Contract for a class 16.7 of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obliged to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recm~mendation of the Owner shall be referred to the Secretary of Labor for determination. 16.6.4 If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in provid- ing benefits under a plan or program of a type ex- pressly listed in the wage determination decision of the Secretary of Labor which is a part of this Con- tract: provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or pro- gram. PAYROLLS AND BASIC RECORDS 16.7.1 The Contractor shall maintain payrolls and basic records relating thereto during the course of the Work and shall preserve them for a period of three years thereafter for all laborers and mechanics, including apprentices and trainees, working at the site of the Work. Such records shall contain the name and address of each employee, his correct classifica- tion, rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Contrac- tor has obtained approval from the Secretan/of Labor as provided in Paragraph 16.6.4 the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. 16.7.2 The Contractor shall submit weekly a copy of all payrolls to the Owner. The prime Contractor shall be responsible for the submission of copies of pay- rolls of all Subcontractors. Each such copy shall be accompanied by a statement signed by the Contrac- tor indicating that the payrolls are correct and com- plete, that the wage rates contained therein are not less than those determined by the Secretary of Labor, and that the classification set forth for each laborer or mechanic, including apprentices and trainees, con- form to the work he performed. Submission of the "Weekly Statement of Compliance" required under this Contract and the Copeland Regulations of the Secretary of labor (29 CFR Part 3) shall satisfy the requirement for submission of the above statement. The Contractor shall submit also a copy of any ap- proval by the Secretary of Labor with respect to fringe benefits which is required by Paragraph 16.6.4. AIA OOCtl/~,~lqrT /dtl/SC · FEDERAL SLq~Iq%EMENTAR~' CONDITIONS OF THE CONTRACT FOR COI~STRUCTION · IHI~ EOIIlON 4 &201/SC-1977 AI~ · AUGUST l~J,'7 · IH[ AMERICA~, INS111UI'E O1' ARCHI1[CIS. 1735 h:[~¥ YORK AVENUE, N.W.. ~,VASHINGION, D.C. 16.7.3 Contractors employing apprentices or trainees under approved programs shall include a notation on the first weekly certified payrolls submitted to the Owner that their employment is pursuant to an ap- proved program and shall identify the program. 16.7.4 The Contractor will make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of the Owner, the appropriate Federal agency and the U.S. Department of Labor, and shall permit such rep- resentatives to interview employees during working hours on the job. 16.8 APPRENTICES AND TRAINEES 16.8.1 Apprentices will be permitted to work at less than the predetermined rate for the work they per- form when they are employed and individually regis- tered in a bona fide apprenticeship program regis- tered with the U.S. Department of Labor, Employment Training Administration (formerly Manpower), Bureau of Apprenticeship and Training, or with a State ap- prenticeship agency recognized by the Bureau, or if a person is employed in his first g0 days of probation- an/employment as an apprentice in such an appren- ticeship program who is not individually registered in the program but who has been certified by the Bureau of Apprenticeship and Training or a State apprentice- ship agency (where appropriate) to be eligible for probationary employment as an apprentice. The al- lowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in Subparagraph '16.8.2 of this Paragraph or is not registered or otherwise employed as stated above, shall be paid the wage rate deter- mined by the Secretary of Labor for the classification of work he actually performed, The Contractor will be required to furnish to the Owner or a representa- tive of the U.S. Department of Labor written evidence of the registration of his program and apprentices, as well as the appropriate ratios and wage rates (ex- pressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the appropriate per- centage of the journeyman's rate contained in the applicable wage determination, 16.8.2 Trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Employment Training Ad- ministration (formerly Manpower), Bureau of Appren- ticeship and Training. The ratio of trainees to journey- men shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid not less than the rate specified in the approved program for his level of progress. Any employee listed in the payroll at a trainee rate who is not reRistered and participating in a training plan approved by the Bureau of Appren- ticeship and Training shaU be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The Contractor will be required to furnish to the Owner or a representative of the U.S. Department of Labor, written evidence of the certification of Itis program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a trainin8 program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work per- formed until an acceptable program is approved. 16.8.3 The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 16.9 COMPLIANCE WITH COPELAND REGULATIONS 16.9.1 The Contractor shall comply with the Cope- land Regulations of the Secretary of Labor (29 CFR Pan 3), which are incorporated herein by reference. In addition, the Weekly Statement of Compliance required by these regulations shall also contain a statement that the fringe benefits paid are equal to or greater than those set forth in the minimum wage decision. 16.10 CONTRACT WORK HOURS AND .SAFETY STANDARDS ACT--OVERTIME COMPENSATION AND SAFETY STANDARDS (40 USC 327-330) 16.10.1 The Contractor shall not require or permit any laborer or mechanic, including apprentices and trainees, in any work week in which he is employed on any work under this Contract to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer or mechanic, including appren- tices and trainees, receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, whichever is the greater number of over- time hours. The "basic rate of pay" as used in this provision shall be the amount paid per hour, exclu- siYe of the Contractor's contribution or cost for fringe benefits, and any cash payment made in lieu of pro- ¥iding fringe benefits, or the basic hourly rate con- tained in the wage determination, whichever is greater. 16.10.2 In the event of any violation of the provisions of Subparagraph 16.10.1 the Contractor shall be liable to any affected employee for any amounts due, and to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including apprentices and trainees, employed in violation of the provisions of Subparagraph 16.10.1, in the sum of $10 for each calendar day on which such employee AIA DOCUMENI A2~I/SC · FED[RAt SUPI~EME~IARY CONDITIONS OF 1141. CONIRAC! FOR CO'~SlI~UCTION · THIRD EDITION AIA~4~' · AUGUST 1977 · TH[ AMI[RICAN IN~IlTUTE OF ARCHITECrs. 173S I~EW YORK. AVENUF, N.~t~'., WA.~"IINGION, D.C. 20006 A2011SC-1977 S I I I I I I I I I I I I I I I I ARTICLE 17 17.1 17.2 INSURANCE REQUIREMENTS The insurance required by Subparagraph 11.1.1 shall be written for not less than the following: 1. Workers' Compensation (a) State Statutory (b) Applicable Federal (e.g., Loflgshoremen's) Statutory (c) Employer's Liability 2. Comprehensive General Liability (Including PremiseswOperations; Independent Contractor's Protective; Products and Completed Operation Broad Form Property Damage) (a) Bodily Injury (1) Each Occurrence (2) Annual Aggregate (b) Property Damage (1) Each Occurence (2) Annual Aggregate $ 4. Personal Injury Annual Aggregate 5. Completed Operations and Products Liability shall be maintained for ( after final payment. 6. Property Damage Liability Insurance shall include coverage for the following hazards: Dx E3c 7, Comprehensive Automobile Liability (a) Bodily Injury (1) Each Person (2) Each Occurrence $ (b) Property Damage (1) Each Occurrence $ ) years 8. If an exposure exists, Aircraft Liability (owned and non-owned) and Watercraft Liability (owned and non-owned), with limits approved by the-Owner shall be provided. 9. The Contractor shall carry insurance in addition to that specifically named above as follows: Coverage Amount Revise the first sentence of Subparagraph 11.3,1 as follows: 11.3.1 Until the Work is completed and accepted by the Owner, the... ' shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. *(Insert Owner or Contractor. Occasionally the Owner may require the Contractor to furnish the property insurance.) OOCUMENT A~I/SC · FED[RAI. SUPfl. EMEI~rI'ARY CONOITtO,~S O! IHt CO~I£ACT ~C~ CONSTItUC't'IO~ · 1HIRD [DIllON AUGUST 1977 · 1HE AM~.RICAN I%STITUTE Of AKCHITtC1.~,. 173S KEW YO£K AV[~L'[. NiW., %~'A.~,HINGTON. D.C. 20006 A201/SC-1977 7 CONDITIONS OF Th~ AGREEMENT MODIFICATIOhlS TO r~rhLrRAL O)NDITIOh~ ARTICLE 7~ MISCELLANEOUS F~OVISIONS~ add: 7.5.2 The City shall require the successful Contractor to furnish a Performance Bond in the amount of 100% of t~e Contract price as security for the faithful performance of his contract. Bonds shall be on form acceptable to the City. 7.5.3 The City shall require the successful Contractor to furnish a Labor and Material Payment Bond in the amount of 100% of the Contracto price as security for payment of all persons performing labor and furnishing materials in connection therewith. 7.5.4 Bonds shall be secured from a licensed bonding con, any approved by the City. Premium for bonds shall be paid by the Contractor. ARTICLE 8~ TIMEt add: 8.2.3 The work shall be commenced on or before the date set forth by the Owner in the Notice to Proceed and substantially completed as defined in paragraph 8.1.3 within the time schedule set forth by bidder in Rroposal Form. 8.4 Liquidated Damages: The sum of TWO HUNDRED DOLLARS ($200.00) shall be retained from the amount of compensation due the Contractor for each calendar day after the completion date listed in Section 8.2.3 for any work included in the contract documents which remains uncompleted. This amount will be assessed, not as a penalty but as a predetermined and agreed liquidated damage that will be sustained by Owner. ARTICLE 9~ PAYMENTS AND COMPLETION, progres payments, supplemented as follows: 9.3.1 Payments may include the invoice cost of materials properly stored either on-site, or approval off-site location subject to certification of such off-site storage by the Contractor. The Owner will make period payments to the Contractor on account of the contract, as follows: 12 On or about the 15th day of each month, 90% of the value of the work performed, and of material suitably stored during the previous month, as certif&ed by the Architect. The Contractor shall submit applications for payment to the Architect in a minimum of four copies at ieast ten days prior to the payment date as outiined above. ARTICLE 11~ INSLRANCE~ CONTRACTOR'S LIABILITY, add: 11.1.4 This insurance snail be written to include insurance for Bodily Injury on adjacent properties and Property Damage to adjacent properties for injury or damage resulting from the prosecution of the work. 1. The Contractor snail maintain the insurance required in Paragraph 11.1 which policy shall include coverage as follows: B. C. D. E. F. Operations of Contractor and Sub-Contractors Contractor's Protective (Contingent) Completed Operators (one year) Employer's Liability Contractual Liability Coverage for "Hold Harmless" agreement Owner, Non-Owned and hired vehicles 7ne minimum limits of liability shall be as follows or as required by law, whichever is greater. Workmen's Compensation General Liability 1. Bodily Injury 2. Property Damage Automobile Liability 1. Bodily Injury 2. Property Damage Statutory Minimum $ 500,000 each person $1,000,000 each occurrence $ 500,000 each occurrence $1,000,000 aggregate $ ~00,000 each person $ 500,000 each occurrence $ lO0,O00 each occurrence Said property damage coverage shall be on a broad form property damage basis, and shall include coverage for explosion, collapse and damage to underground facilities. In lieu of the above described limits, the Contractor may furnish comprehensive liability and property damage with all of the foregoing coverages with limits of not less than $100,000/$300,000 bodily injury and $50,000 loss damage and a $1,000,000 umbrella to cover the excess over the basic liability. 13 2. Owner's Psotective Liability: Owner's Psotective Liability wsitten by t~e same insurance conloany shall cover all operations under the contract with the Architect named as an additional insured with minimum limits of $500,000 for bodily injury including sickness, disease or death, and for care and loss of services per person and $1,000,000 for bodily injury including sickness, disease or death, and for care and loss of services per occurrence, and property damage limits of $500,000 for each occurrence and $500,000 in the aggregate. All policies herein called for shall become effective before the Contractor undertakes any work under this contract and shall remain in full force and effect for a minimum of one year after completion or throughout the warranty period, whichever is longer. In the event that any insurer shall give notices of intention to cancel any of the policies herein called for, the Contractor shall have until 24 hours before the time of such proposed cancellation to have the notice of cancellation rescinded by the insurer or to secure and have in effect a similar policy of insurance written by another insurer. In the event tha such cancellation is not rescinded or a replacement policy obtained 24 or more hours before the time set for said cancellation, then all work on this contract shall cease at the close of the day (5 P.M., local time) before the day set for cancellation of the policy and the contract shall be considered breached by the Contractor as of the date and hour of the cancellation of the policy, provided, nevertheless, that the Owner shall have the right to reinstate the contract on such terms as he sees fit. Any notice of ressission of cancellation or the issuance of a new policy must be in writting, signed by a person having authority to bind the insurer, and be delivered to the Architect for transmittal to the Owner within the time specified. 5. All Risk Insurance: This insurance shall be written under the 100 percent completed value form and shall protect the Contractor and the Owner against risks of damage to buildings, structures, and materials and equipment from the perils of fire and lightning, the perils included in the standard extended coverage endorsement, and the perils of vandalism and malicious mischief. The total shall be not less than the insurable value of the work at completion. When the aggregate value of equipment exceeds $10,000, the Contractor shall protect said Contractor and the Owner from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under Builder's Risk Insurance. It shall contain a waiver of the subrogation rights of the insurer. This policy may not be terminated until the Owner advises the Contractor in writing that he has secured a replacement policy. 14 In the event of a payment under the policy because of loss, the O~ner shall receive the payment from the insurer and shall deposit it in an account separate from all of his other funds. These funds shall be distributed to the parties in interest according to the terms of such agreement as they may reach concerning its distribution, or in the event that no agreement is reacted, then pursuant to the terms of an award made by arbitrators, who shall be appointed and shali proceed as provided elsewhere in this contract for arbitration. If, after loss, no special agreement is made, replacement of injured work shall be ordered and executed as provided for changes in the work. The Owner shall have the power to adjust and settle any loss with the insurer, unless one of the other interested parties shall object in writing within three (3) working days of the occurrence of a loss. In the event of such an objection, arbitrators shall be appointed and the Owner shall settle with the insurer in accordance with the directions of the arbitrators who shall, if required, direct the matter of the distribution of the interested parties. It shall be of the "all risks" type with coverages designed for the circumstances which may occur in the particular work included in this contract. 4. The certificates of insurance, acceptable to the Owner, shall be filed prior to the commencement of work. Certificates will be submitted witn the provision that policies will not be cancelled without a minimum of 15 days prior written notice given to the Owner. ARTICLE 14~ TERMINATION BY THE OWNER, add: 14.2.3 Cost of Owner's Termination of Contract: Section 14.2.2 assigns the cost of termination of the contract between owner and contractor. The excess cost for the Owner shall include, but not be limted to, fees incurred by the O~ner for engineering, legal, and any other professional, technical, or construction services. A surcharge of l0 percent of such excess costs will be added thereto and made a part thereof to defray administrative expenses. All excess costs shall be paid to the Owner first from any retainages withheld, then from monies ordinarily due to the Contractor under the terms of the contract, and any balance of such excess costs remaining unpaid thereafter shall be paid to the Owner by the Contractor. 15 CONDITIONS OF THE AGREEHENT SPECIAL CONDITIONS A. GENERAL CONDITIONS: The General Conditions are general in scope and may refer to conditions not encountered on work covered by this contract. Any provision of the General Conditions which pertains to a non-existent condition and is not applicable to the work to be performed hereunder, or which conflicts with any provision of the Special Conditions, shall have no meaning in the Contract and shall be disregarded. B. EXAMINATION OF SITE AND DOCUMENTS: The Contractors are expected to be familiar with the site conditions and their influence on the work. They also are responsible for a complete and detailed knowledge of the Plans and Specifications which constitute the definitive part of the Contract Documents. This responsibility is complete and all inclusive at the time of entering into the contract and the Contractor thus assumes full responsibility to furnish all plant, labor, material and equipment to construct and equip the structure as set forth by the Architect. Any appurtenances necessary to the function and use of the building and/or its component parts as illustrated or defined is encumbered upon the contract and shall be furnished as part of the several parts of the work, regardless of whether it is shown or specified. C. HOLD HARMLESS AGREEMENT: The General Contractor hereby agrees to hold harmless, indemnify, and defend the Owner, the Owner's agents, the Architect and Consulting Engineer, and the Owner's employees while acting within the scope of their duties from and against any and all liability, claims, damages, and cost of defense arising out of the Contractor's performance of the work described herein, but not including the sole negligence of the Owner, his agents or employees. The Contractor will require any and all subcontractors to conform with the provision of this clause prior to commencing any work. O. COMPLIANCE WITH STANDARDS AND INDUSTRY SPECIFICATIONS: Any material or operation specified by reference to the published specifications of a manufacturer's association shall comply with the requirements listed. In case of conflict among the referenced specification or standards, the more stringent requirement shall govern. 16 E. FIRE DEPARTMENT OPERATION AND USE OF PREMISES: The existing Fire Station will remain in service throughout the construction project. T~e ContrBctor is expected to confine his activities to the area of the new addition as much es possible. The Contractor is to take special care not to damage nor obstruct the fire apparatus in any manner. Construction activity, material, and equipment storage shall be confined to the areas indicated on the site plan. The Contractor will have authorize0 access to the existing Fire Station for toilets, water, utilities, and construction activities in these areas subject to keeping the radio room and all fire vehicles completely unobstructed at all times. Ali areas so used are to be maintained in a safe and sanitary manner at all times. At the time construction begins, the Contractor will be given the name and teiephone numbers of one or more Fire Department representatives. The Contractor shai1 notify the Fire Department representative at least 24 hours in advance, and the Fire Department representative shaii be on the premises, whenever construction activity requires the moving or obstruction of any fire trucks or fire equipment. Electrical power shai1 remain on to the radio room and to the existing overhead door eiectic operators at aII times unless the Fire Department representative authorizes a temporary shut-off for directIy reiated construction activity. TPE CONTRACTOR ~qALL IN NO WAY HINDER CONTINUOUS EMERGENCY USE OF T~ EXISTING FIRE STATION, FIRE TRUCKS AND/OR RAglO ROOM UNLESS AUT~3RIZED BY TP~ FIRE DEPARTMENT REPRESENTATIVE ON TPi~ PREMISES. F. CONTRACT ALTERNATIVES: Each bidder snail submit a bid on the form of Proposal provided, including a stippulated sum for the basic bid and alternative Proposals stating the difference in price (addition or deduction) from the lump sum bid for substituting, omitting, or changing the scope, materials, or construction from that included in the basic bid, for each of the following contract alternates. Work shall be as described below and/or as indicated on the drawings,and shall be according to the specifications for each type of work or product. The Owner reserves the right to omit all work described hereinafter, or to accept alternative work in any sequence or order as may be desired. Alternate No. 1: Remodel existing toilet room area. Includes demolition 6f walls and renoval of eXisting plumbing and electrical not being reused. Construct new walls, new doors, new handicap ramp in hallway, new plumbing fixtures and piping as required, new electrical devices, fixtures and wiring as required, modification or addition to existing ductwork, installation of new ceiling system andpainting. 17 AJternative No. 2: Remove existing wood panel over.ad doors No.'s 8 9 s ,10 an~ replace with new insulated steel panel overhead doors, painted as scheduled, ot match those installed in the new building. Reuse the existing track, hardware, and electric door operators. Contractor shaZl be responsibZe for assuring correct door size to match existing track and hardware or to replace hardware as may be required to accomodate new doors. Contractor shaZl be responsible to assure prope~ operation and fit of new doors. Do no work except under authorization of Fire Department representative to assure emergency access to vehicles at all times. 18 SCHEDULE OF DRAWINGS The following drawings, dated March 30, 1983 are those mentioned in these specifications, and are hereby made a part of the Contract. Drawing Number and Description 1. Site Plan and First Floor Plan/Alternate No. 1 Plan 2. Elevations and details 3. Second Floor and Framing Plans/Sections and Details/Electrical and Mechanical 19 DIVISION ,1~ GENERAL REQUIREMENTS SECTION lA - SUMMARY OF THE WORK iai - Project Description: The work included in this contract consists of a two-story addition to the Mound Fire Station, Mound, Minnesota for training and storage space on the northwest corner of the existing Ouilding. Alternate No. i is a remodeling of the toilet room area. See the Special Conditions Sec- tion for a complete description of all contract alternatives. lA2 - Work Included: The project consists of the following general items of work, however this listing should not be construed as limiting to the proper completion of the work. Excavation for new footings and foundations. Demolition and removal of existing construction where necessary to in- corporate the new work, including doorways from existing to new rooms. Construction of new work as shown on the drawings. Work shown on the drawings includes that to be constructed in the basic contract as well as additional work to be constructed pursuant to contract alternatives. Rreservation of those parts of the existing building, utilities, and services, which are to remain or which are not otherwise shown to be changed. lA3 - Work Not Included: Tn, project does not include the furnishing, construction, or installation of items noted on the drawings as "by others", "N.I.C." or "Not in Contract". These items are shown for the Contractor's in- formation so as to coordinate his work with that to be performed by others. IA4 - Sequence of Work: The Contractor is expected to carry out all work in a manner consistent with his best scheduling. Openings between the new area and the existing building should not be cut until the new area can be properly secured for protection of the fire equipment. The Contractor is also urged to accelerate the completion wherever possible in order to limit the time of inconvenience to the operation of the Fire Department. 2O lA5 - Patching: The Contractor shall be responsible for patching of existing work anO shall coordinate work of sub-contractors which may include cutting and patching. All contractors are cautioned to minimize cutting and patching and to use common access spaces where possible. ~CTION lB - TEMPORARY CONSTRUCTI(~ AND FACILITIES lB1 - Detailed Requirements: 3ob Telephone: The Contractor may utilize the Fire Department telephone for'job-related use provided no use is made of it durin9 any fire call. Contractor shall pay for any toll calls. Temporary Power: The City will provide electricity necessary for the Contractor to complete the work. The Contractor shall provide all fixtures, equipment, and any temporary hookups necessary to perform the work. Ten~oorary Toilets and Water Supply: The Contractor may use the water §upPlies' and toilets of the existing Fire Station during the course of the work, provided care is taken to maintain clean and sanitary conditions during and after each use. Temporary Enclosures: The Contractor shall provide secure enclosures for all openings between the new work and the existing station to maintain the building in a lockable condition at end of each day's work. Work shall be scheduled so this condition can be met without undue hardship or expense. When certain phases of the work which create unusually dusty, dirty, or dangerous conditions are to be conducted, Contractor shall provide adequate protection for the fire apparatus. Temporary Scaffolds~ Staging, and Safety Devices: The Contractor shall provide, erect, Waintain, an0 remove when directed, all scaffolding, staging, platforms, temporary runways, temporary flooring, guards, railings, stairs, etc., as required by local and state codes, or laws, for the protection of worsen and the public. The construction, inspection, and maintenance of the above items shall comply with all safety codes and regulations as applicable to the project. 21 I I I I I I I I I I I I I I I I I I Co1~ Weather Protection an~ Temporary He~t: Extent - The Contractor shall provide, at his own expense, all cold weather protection, temporary heat, and fuel as necessary to carry on the work expeditiously during inclement weather, to protect all work and materisl against injury from dampness and cold, to dry out the building, and to provide suitable working conditions for the installation and curing of materials until final acceptance by the City. Refer to requirements in detail specifications for temperatures to be provided and maintained for installation and during work of the various trades. Method - The methods of heating and the type of.fuel and equipment used shai1 be subject to approvai by Architect. After buiiding is complteiy enciosed, the permanent heating system may be used to dry out the buiiding and to provide suitable working conditions in ali or various parts thereof as soon as practicabie. Prot.ection o~ Adjacent Property: The Contractor shall erect and maintain adequate barricades to protect property from damage and shall make special provisions to maintain existing improvements scheduled to remain. Storage of Materials: The Contractor shall coordinate with the Fire Department representative the location and access for the delivery and storage of materials. All materials so stored shall be protected from damage by weather or vandalism. SECTION lC - INSPECTION AND TESTS ICl - General: City or State Inspection: Inspections and tests specified herein are in addition to those performed by Building Official, as required by Building Code. Notices: Notify Architect at least 24 hours before work requiring special inspection is started. Costs: Fees for normal inspection and tests will be paid by the City. Additional inspection and tests required because of defective work or ill-timed notices will be at Contractor's expense. 22 I I I I I I I ! I I I I I ! I ! ! i I lC2 - Beta&led Requirements: Cast-In-Place Structural Concrete: Complete form inspection. Notify Architect at least 48 hours before concrete placement so that reinforcement can be inspected prior to placement of concrete. Masonry: Tests may be required as designated by Architect for properties of masonry units, mortar and grout. Roofing: Notify Architect at least 48 hours before installation of new built-up roofing, after installation of insulation is underway. SECTION 1D - PROJECT CLOSEOUT 1D1- Cleaning: The Contractor shall leave all work broom clean. All debris, packing materials, and excess construction materials shall be removed from the premises by the Contractor. 1D2 - Maintenance Manuals and Instructions: Before final payment, furnish to City through the Architect, manufacturer's manuals of instruction for proper care and maintenance of materials and equipment installed under the contract. In addition, and when so requested, instruct Owner as to such care and maintenance. 1D3 - As-Built Drawings: As the work proceeds, keep a careful record of piping and other concealed work whose installed location vary from those shown on contract drawings, whether because of change orders or job conditions. Especially show electrical circuiting as installed. Mark such variations on prints furnished by Architect, and deliver to him before final payment. 23 I I I I I I I ! I I I I I I I I I I DIVISION 2, SITE WORK SECTION 2A - DEMOLITION 2Al - General: Applicable provision of "General Conditions" govern work under this Section. The Contractor shall provide all items, articles, materials, operations, or methods listed, mentioned, or scheduled on the Drawings and/or herein, including all labor, materials, equipment, and incidentals necessary and ~required for their completion. 2A2 r Scope of Work in this section includes, but is not limited to, the following items. 1. Cutting of openings between new addidtions and existing building. 5 Removal of existing flashing, roofing, and/or wall material at Joints between new additions and existing building. 3. Pe_qoval of e~isting %~nde_rgrou~d fuel oil tark in area of new addition. Alteln~at~ No. 1: P~v-al of walls, fica)ring, pluming, el~tric~il, heating, ceilings a_nd dcx)rs in areas of e~sting toilet rc~zns. 5. Al~i~iat~ No. 2: P~val of e~isting o~rhead dcxDrs. 2A3 - Prosecution of Work: Conduct operation with minimum interference with the operation of the Fire Department. Provide, erect, and maintain barriers and signs where applicable. Restore damaged work to the condition existing prior to the start of work, unless otherwise directed. Protect persons and property from damage by demolition operations. Notify Architect immediately if unanticipated conditions are uncovered by demolition. Dispose of removed items not scheduled for reuse and waste materials off the site unless otherwise indicated. 24 I I I I I I i I I I I I i I I I I I I Burning of combustible materials on the site will not be permitteO. Salvable items may be removed at any time after demolition work starts; storage or sale on the site of removed items will not Oe permitted. Disconnect existing power where service will be removed in accordance with utility requirements before starting demolition operations. Control air pollution caused by dust and dirt; comply with governing regulations. Take special care to protect the fire apparatus. 2A4 - Debris Disposal: Remove, as it accumulates, excess debris, except as otherwise specififed, resulting from demolition operations. Do not store or permit debris to accumulate on site. If Contractor fails to remove excess debris promply, Architect reserves the right to cause same to be removed at Contractor's expense. SECTION 2B~ SITE GRADING AND PAVING 2B1 - Work by Others: The following site work will be done by others, not by this contract: 1. P~location of telephone service. 2. Installation of gravel base %m~r all paving. 3. Installation of all new paving, including all t~tching of ~ving arou~%d the new building addition. 4. P~val of it, s st~cified inA lternate ~1 as "by fire depa~nt". 2B2 - Work in this Contract: of the new building addition., specified for slab fill. Removal of ali. existing paving within the outline All backfill under the slabs shall be as 25 SECTION 2C~ BUILDING EXCAVATION AND FILL 2C1 - Scope of Work: The extent of building excavation ar~ fill includes preparation of subgrade for slabs and pavement within the general building area and as required to insure drainage away from building to property line. 2C2 - General: Safety Codes and Standards: Perform excavation work in compliance with appiicable requirement of governing authorities having jurisdiction. Existing Utilities: Locate existing underground utilities by careful excavation before starting earthwork operation. Provide protection from damage during construction operations. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult the Architect immediately for directions as to procedure. Cooperate with the City and private utility companies in keeping services and facilities in operation. Repair damaged utilities to the satisfaction of the utility owner. Do not interrupt existing utilities except when permitted in writing by the Architect and after authorization by the Fire Department representative. 2C3 - Excavation for Structures: General: Conform to the elevations and dimensions shown on the drawings, witnin a tolerance of plus or minus 0.05', and extending a sufficient distance from footings and foundations to permit placing and removal of concrete formwork, installation of services, and for other construction required, and for inspection. Notify Architect when excavation is approximately to grade to permit inspection of foundation material. In excavating for footings and foundations, take care not to disturb the bottom of the excavation. Excavate by hand to final grade just before concrete is placed. Trim bottoms to the required lines and grades to leave a solid base to receive concrete. 26 Removal of Unsatisfactory Soil Materials: Excavate unsatisfactory soil materials encountered that extend below the required elevations, to the additional depth directed by the Architect. Backfill to the required elevations in accordance with these specifications. Excess Excavation: Should excavation, through error, be carried to elevations lower than those shown on drawings, fill to proper levels at Contractor's expense. Fill under footings with concrete of required strength, under slabs with compacted gravel. Earth or gravel fill under footings not permitted. Shori~B: Brace and shore sides of excavations as necessary to prevent cave-ins. Repair slides and cave-ins should they occur. Remove shoring before backfilling. Water and Frost: Keep earth under footings and slabs dry and free from frost. Should bearing surfaces be softened by water or frost, re-excavate to solid bearing and fill with concrete at Contractor's expense. 2C4 - Filling: General: Remove debris and decayable matter before filling. Use approved materials only for fills. Obtain Architect's approval before filling against concrete or masonry walls. Hake fills as soon as feasible thereafter to insure maximum settlement. Compaction of Fills: Compact by whatever means necessary to insure against subsequent settlement. Replace slabs which develop settlement cracks during I year guarantee period. Fills Under Interior Slabs: 4" top layer of clean sand or washed grauel, e~nly graded frcm 1/4" to 1-1/2" in size under slab. Place .006 polyethylene film vapor barrier under slab in-roc~ 101. Fills Against Foundation Walls (Exterior): Fill with approved material fr~ excavations. Leave top down 6" for pavement base to be installed by others. 27 DIVISION 3; CONCRETE SECTION 3A - GENERAL 3Al - Scope of Work: Provide all formwork, concrete, and reinforcing necessary to construct the cast-in-piace concrete shown on the drawings, incIuding footings, fioor slabs, exterior pads and aprons, SLm~O and drain, and concrete biock bond beams and reinforced core fiiis. 3A2 - General: Codes and Standards: ACI 301 "Specifications for Structural Concrete for Buildings"; ACI 347 "Recommended Practice for Concrete Formwork"; ACI Z~34 "Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete"; comply with applicable provisions except as otherwise indicated. lI~spections: Notify the Architect at least 48 hours before an anticipated concrete placement so forms and reinforcing can be inspected prior to the pour. SECTION 3B - FORMWORK 3B1 - Materials: 2. 4. 5. Form Ties: Break-off type, no more than 7/8" dia. Plywood Forms: Oiled Douglas Fir, 5 ply 3/4" thick Lumber Forms: Clean, sound and true Form oil: Non-staining mineral or form oil Slab Pour Stop: 20 gal. galvanized steel T~G ~B2 - Design of Forms: The Contractor shall be responsible for the design, structural soundness, and construction of all forms. Place and maintain forms true to lines and planes shown. Avoid fins and irregularities. Construct forms to provide minimum concrete covering of reinforcing steel as follows: 1. Slabs, 1" 2. Walls, 2" 3. Footings, 28 383 - Accessories: Install all inserts, anchors, angles, sleeves, bolts, dowels, plates, etc. specified or shown on the drawings. Install expansion joint filler and/or control joint filler at all locations shown. SECTION ~C - CONCRETE REINFORCEMENT 3C1 - Materials: Reinforcing Bars: ASTM A615 grade 40 Welded Wire Fabric (WWF): ASTM A185 ~C2 - Fabrication: All reinforcement to be fabricated in accordance with ACI-~18 and ACI-~IS. All reinforcing shall be stored clear of the ground and protected from the weather. 3C3 - Installation: Reinforcement: Position, support and secure reinforceent against displacement. Locate and support with metal chairs, runners, bolsters, spacers and hangers, as required. Set wire ties so ends are directed into concrete, not toward exposed concrete surfaces. Install welded wire fabric in as long lengths as practicable, lapping at least one mesh. Install midway in the thickness of slabs unless shown otherwise. SECTION 3D - CAST IN PLACE CONCRETE Bi - Materials: 2. 4. 5. Portland Cement: Normal; ASTM C150-70 type 1. Air entraining; provide not less than 5% nor more than ?% entrained air. Aggregate: ASTM C~-69, Maximum 3/4" size. Water: Clean, potable and free from deleterous amounts of acids, alkalis or organic matter. Admixtures: add no other materials without the Architect's written permission. Hardener: Clear heavy duty type, "Lapikolith" by Sonneborn Building Rroducts, or equal. ~D2 - Concrete Quality: Proportion mixes by either laboratory trial batch or Yield experience method, complying with ACI 211.1. All concrete shall have a minimum 28 day compressive strength of 3000 PSI. Air entrained concrete shall be used for all exterior concrete work. Maximum slump shall be 4". Ready-mixed concrete shall not have water added at the site. 3D3 - Concrete Placement: Concrete shall not be placed on soft, muddy, or ~rozen sub-grade. Any excavation made below design eievation snaii be brought to grade by additional concrete at the time of piacing. Piace as neariy as possible to finai position in a continuous operation until one section is compiete. Construction joints shall occur at the end of each continuous pour. Comply with ACI 304. Consolidate placed concrete using mechanical vibrating equipment with hand rodding and tamping, so that concrete is worked around reinforcement and other embedded items and into all part of forms. Expansion Joints, in earth-supported slabs: Compressible expanded fiber expansion joint material, 1/2" thick. Depth as required to bring top to within 1/2" of surface. Fill remainder of space with approved non-staining mastic sealing compound. Rrovide in the following locations: Wherever exterior slabs abut vertical surfaces. Elsewhere noted on drawings. Protect concrete from physical damage or reduced strength due to weather extremes. In cold weather comply with ACI 306. In hot weather comply with ACI 305. 304 - Concrete Slab Finishes: Screed slab surfaces to true levels or slopes as shown, tolerance 1/8" in l0 feet. Slope to drain as shown. Woodfloat and steel or machine trowel to produce a dense, smooth and true finish. Concrete shall be maintained moist for a minimum of 7 days to prevent shrinkage and surface grazing. Temperature shall be maintained at a minimum of 50o F. for days. The sump, floordrain, and all concrete slabs shall be treated with a clear chemical hardener applied precisely according to the manufacturer's instructions. -3. O ~D~ - Exterior Concrete Slabs: All exterior pads and aprons shall be of air entrained monolithic concrete. Exterior slabs shall be floated an~ tamped leave a slightly roughened surface. Expansion joints shall be installed between all exterior slabs and Yertical wall surfaces. ~D~ - Defective Work: Remove and replace, when directed, loose topping, slabs which snow excessive shrinkage cracks, and any slabs which do not drain properly. Repair gravel pockets, form ties or other imperfections in cast concrete sump or drain walls. 31 DIVISION 4! MASONRY SECTION 4A - ~ENERAL 4Al - Scope of Work: Provide all concrete masonry units, mortar, and reinforcing necessary to construct the concrete block walls shown on drawings. Install all loose lintels, inserts, anchors, and bearing plates shown. Accomodate all sleeves, conduits and concealed work of other trades. Provide all formwork or temporary bracing necessary to support the work until all mortar and/or grouted reinforcing reaches fulI strength. 4A2 - General: Comply with ali requirements of the Uniform Building Code. Lay work to true lines, plumb and level unless otherwise indicated. Fili joints full of mortar. Do not wet concrete units. Build in work of other trades, as required, without weakening or defacing masonry. Precautions 0 In freezing weather: Do no masonry work unless approved means are provided for heating materials, and masonry is protected from frost until mortar nas hardened. Anti-freeze ingredients added to mortar or grout not permitted. In rainy weather: Do no work unless materials and work are protected by cover. SECTION 4B - MORTAR 4B1 - Materials 2. 3. 4. Portland cement: ASTM C-150 regular Type I. Lime: Quick putty~ ASTM C-5, completely slacked Hydrated~ ASTM C-207. Sand: ASTM C144, clean and sharp. Water: Clean, potable and free from deleterious amounts of acids, alkalis, or organic matter. Mortar Colors: natural cement color, no color added. Additives: no antifreeze compounds, salts, or other additives shall be used. 32 482 - Preparation of Nortar: All mortar shall be thoroughly mixed in a batch-type drum mixer for not less than 3 minutes after all materials are placed in the mixer, all in accord with ASTM C-270. Only one brand of cement shall be used for all mortar mix. Mortar Type M for all work i part portland cement 1/4 to 1/2 parts hydrated lime or lime putty 2 1/4 to ) parts damp, loose mortar sand Minimum compressive strength: 1800 psi in 28 days. Retempering Time Limit: Mortar may be retempered by addition of water, provided that mortar not used within 2 hours of mixing shall be discarded. SECTION 4C - MASONRY REINFORCEMENT 4C1 - Materials: Reinforcing Bars: ASTM A615 grade 40 Joint Reinforcement: No. 9 ga wire truss design with prefabricated corners and tees, of width to match wall thicknessl bur-O-Wall, AA Wire Products, or equal. Crimp Anchors: 16 gallon galvanized corrugated steel ties. 4C2 - Installation: Set bars vertically in open cells where indicated. Lay bars horizontally in bond beams, in center of beam, where indicated. Lap bars 30 diameters. Tie vertical bars to dowels. Lap hhorizontal bars minimum 16" beyond opening. Fill vertical cells and bond beams full of grout; maximum vertical lift 4 feet. Install mesh in horizontal mortar joints not more than 2 feet OC vertically. Lap joints in mesh in accordance with manufacturer's directions. Install crimp anchors onto existing concrete block walls with power driven anchors at locations where new walls abutt the existing building. 33 I I I I I I I I I I I I I i I I I I m SECTION 4D - CONCRETE MASONRY UNITS ~01 - Materials: Standard Weight concrete block: ASTM CPO, normal weight aggregate, modular block. To be used below grade. Light Weight concrete block: ASTM CRO, expanded clay or shale aggregate of uniform texture an~ color, moOular block. To be used above grade on ali interior and exterior walls. Loose fiI1 insulation: see Section 7. 4D2 - Placement: Lay in regular running bond, breaking vertical joints to true, evenly spaced lines, unless otherwise indicated. Reinforce as specified and as indicated on the drawings. Use face eh, ii bedding with fui1 coverage. Shove head joints tight. Compress all exposed joints with a round tool when joints begin to harden. Cut other joints flush. Fii1 all open cores in exterior wails with loose polystyrene bead insuiation as the wali is constructed. Fill at least two courses soiid under aii iinteis, bearing piates, or anchor bolts as indicated. Build units tight to door frames, bucks or abutting waiIs. Bond each course at corners and intersections. Open masonry cells in wails are not permitted. Lintels: Install loose lintels of steel and other materials where shown. Provide masonry lintels where shown and wherever openings of more than 1'-0" are shown without structural steel or other supporting lintels. Provide formed-in-place masonry lintels. Temporarily support formed-in-place lintels. Provide a "U" shaped lintel block and reinforce with two 5/8" bars in bottom. Fill with concrete. Provide not less than 8" bearing on each side of openings up to 4 feet wide. Control and Expansion Joints: Provide vertical expansion control and isolation joints in masonry where shown. Rake out mortar in preparation for application of calking and sealants. See Section 7. Locate wall expansion joints where indicated. Building in Work of Others: Build in all conduit, piping, inserts, anchors, flashings, and bearing plates as shown or as required to complete the work. All hollow metal frames set in masonry are to be filled with mortar. 34 I I I I I I I I I I I I I I ! ~D3 - R~pair~ Pointing, and Cleaning: Remove and replace masonry units which are loose, chippe~, broke, stained, or otherwise Oamaged, or if units do not match adjoining units as intendeO. Provide new units to match adjoining units and install in fresh mortar or grout, pointed to eliminate evidence of replacement. Pointing: Upon completion, point all expose work; fill holes and cracks. Remove loose mortar, cut out defective work and re-point where directed. Cleaning: Throughly clean exposed surfaces, whether or not they are to be painted. Clean with 10% muriatic acid solution; rinse with clean water. Leave surfaces clean, free from mortar and other stains. 35 DIVISION 5, ~ SECTION 5A - MISCELLANEOUS ~TAL 5Al - General: Loose Steel Lintels: Provide loose structural steel shape lintels for openings and recesses in masonry walls and partitions as shown. Weld adjoining members together to form a single unit. Provide not less than 6" bearing at each side of openings, unless otherwise shown. Miscellaneous Framing and Supports: Provide miscellaneous steel framing and supports which are not a part of structural steel framework, as required to complete work. Fabricate miscellaneous units to sizes, shapes and profiles shown or, if not shown, or required dimensions to receive adjacent other work to be retained by framing. Except as otherwise shown, fabricate from structural steel shapes and plates and steel bars, of welded construction using mitered joints for field connection. Cut, drill and tap units to receive hardware and similar items. Equip units with integrally welded anchor straps for casting into poured concrete or building into masonry wherever required. Furnish inserts if units must be installed after concrete is placed. Except as otherwise shown, space anchors 24" d.C. and provide minimum anchor units of l-l/4" x 1/4" x 8" steel straps. Miscellaneous Steel Trim: Provide shapes and sizes as required for profiles shown. Except as otherwise noted, fabricate untis from structural steel shapes and plates and steel bars, with continuously welded joints and smooth exposed edges. Use concealed field splices wherever possible. Provide cutouts, fittings and anchorages as required for coordination of assembly and installation with other work. 36 I I I I I I I I I I i ! I I I I I I ~hop Paint: Manufacturer's standard red lead primer. Inserts and Anchorages: Furnish inserts and anchoring devices to be built into other work for installation of miscellaneous metal items; coordinate delivery to job site to avoid delay. Carpenter's Iron Work: Furnish custom fabricated bolts, plates, anchors, hangers, dowels, and other miscellaneous steel and iron shapes for framing and supporting and anchoring woodwork. Fire Escape: An assembled steel fire escape is provided on the site by the Fire Department. Contractor shall cut and modify the existing metal work to fit the new addition as part of ~he ~se contract, as shc~cn on f_he drawings. Use material sizes as shown or to match existing. Fabricate pipe railings to dimensions and details shown,with smooth bends and welded joints ground smooth and flush. Adjust railings prior to anchoring to ensure matching alignment at butting joints. Space posts not more than 8' on centers, unless otherwise shown. Plumb posts in each direction. Secure posts and rail ends to building construction as follows: 37 Anchor posts to steel by welding to adjacent construction as shown, Anchor rail ends into concrete and masonry with steel round flanges welded to rail ends and anchored into wall construction with lead expansion shields and bolts. Anchor fire escape to masonry with anchor bolts as shown. Shim to level and grout solid under base of stairs at concrete ground pad. Tighten securely to wall at all points, extending or shortening existing braces as required. ~A2 - Materials: Steel Plates~ Shapes~ Bars: ASTM A 36. Tubular Steel Items: Square and rectangular, ASTM A 501; pipe, ASTM A 120. Cold-Rolled Steel Sheets: ASTM A 366. Galvanized Steel Sheets: ASTM A 526 with 1.25 oz. "commercial" galvanizing, ASTM A 525. Concrete Inserts: Malleable iron (ASTM A 47) or cast steel (ASTM A 27) inserts, with steel bolts, washers and shims; hot dip galvanized. Shop Paint: Standard red lead primer. Galvanizing: ASTM A 386 for assembled products, A 153 for iron and steel hardware. 5JO - Fabrication: Use materials of size and thickness shown or, if not shown, of required size and thickness to produce strengh and durability in finished product. Shop-paint all items not specified to be galvanized after fabrication. Weld corners and seams continuously, grind exposed welds smooth and flush. 5A4 _ Installation: Perform cutting, drilling, and fitting required for installation, set work accurately in location, alignment and elevation, measured from established lines and levels. Provide anchorage devices and fasteners where necessary for installation to other work. Set loose items on cleaned bearing surfaces, using wedges or other adjustments as required. Solidly pack open spaces with bedding mortar, consisting of i part portland cement to ~ parts sand and only enough water for packing and hydration, or use commercial non-shrink grout material. Touch-up shop paint after installation: Clean field welOs, bolted connections and abraded areas, and apply same type paint as used in shop. Use galvanizing repair paint on damaged galvanized surfaces. 38 I I I I I ! I I ! I I ! I I I I I I DIVISION 6~ CARPENTRY SECTION 6A - FRAMING 6Al - Description of Work: Provide all lumber, fasteners and rough hardware for installation of all floor and roof framing, roof curbs, furring and blocking as shown on the drawigns. 6A2 - General: Building Code: Construct all work in accorOance with Uniform Building Code requirements. Evidence of Grade: Each piece of iu~er and plywood shall be stanloed with grade mark and trademark of the Association having jurisdiction, or each shipment accompanied by official certificate of inspection. ~ough Hardware: Provide all necessary for installation of work specified herein, sizes and quantities required by Building Code or hereinafter specified. Hardware exposed to moisture hot-dip galvanized steel or approved type non-ferrous metal. Attachments: Where wood engages masonry or concrete, attache with anchor bolts provided in other Sections, and secure with appropriate washers and nuts, or provide approved type metal plugs or inserts. Wood embedded in masonry or concrete is not permitted. ~torage and Protection: Protect lumber, plywood, millwork and casework from the weather. Protect roof sheathing until covered by roofing, subfloors until finish floors are installed. Be sure that building is thoroughly dry before finish woods are placed in it. 6A3 - Materials: Rough Lumber: Douglas fir, or approved equal, surfaced 4 sides to standard dimensions, except where sawn stock is specified or special shapes are indicated. 3oists and rafters; No. i select structural, stress grade 1800 psi minimum. Rough lumber not otherwise specified; No. 2 and better. 39 2. Plywood: provide softwood plywood bearing OFPA grade markings, type, thickness and grade as shown on the drawings. Provide exterior type where any edge or surface is permanently exposed to moisture, Group I species for subfloors and roof sheathing, Groups l, 2,3 or 4 elsewhere, as specified. 3. Underlayment: Provide close-grained wood products particleboard, grade I, type and thickness as shown on the drawings. 4. Metal Accessories: 3oist hangers and framing connectors, where indicated, manufactuered by Simpson, Holman & Barnard, Timber Engineering Company, or approved, indicated, with types Secure naiIs, screws or Doits recommended by manufacturer. 6A4 - Workmanship: Carefully lay out, cut, fit, and install rough carpentry items. Use sufficient nails, spikes, screws, and bolts to insure rigidity and permanence. Drive nails perpendicular to grain of wood in lieu of toenailing, where feasible. Provide for installation and support of plumbing, heating, and ventilating work. Install work to true lines, plumb and level, unless indicated otherwise. Do not permit other trades to cut structural members except as specified or within limits permitted by the Building Code. 6A5 - Floor and Roof Construction: Plates and Sills: Nominal 2-inch stock, width as required by conditions, or as indicated. Anchor with 1/2 inch bolts at 4-foot centers, unless shown otherwise on drawings. 3oists and Rafters: Set with crown side up; lap and spike together over intermediate bearings. 8lock ends between studs where studs and joints are not in contact. Double joists under partitions parallel to joists; space to provide clearance for pipes in partitions. Double headers and trimmers; spike beams with ledgers to ends of joists. Cross Bridqing: Nominal 2 x 3 inch wood, or approved type metal. Provide not more than 8 feet apart in joist spans or where shown on plans. Solid Bridging: Provide nominal 2" solid bridging over bearings, full depth for floor joists. 40 Roof Sheathing: Lay sheets with face grain perpendicular to supports, end joints on bearings. Provide solid edge supports or one "Rlyclip" between supports. Secure with 8d common nails spaced at 6" centers along panel edges, at 12" centers along intermediate bearings. Protect from moisture and other damage until roofing is installed. Subflooring: Install with face grain at right angles to supports, end joints on supports, staggered. Allow 1/~2 inch space at joints. Secure with lOd ring shank or coated nails at G" eenter~ alor~ panel edges, at 1~' centers at intermediate bearings. All joints between subfloor and Joists or bearing to De glued with approved waterproof construction adhesive. Set nail heads 1/16". Underlayment: Install perpendicular to sheet direction of subfloor, end points staggerred. Allow 1/32 inch between sheets. Secure with lOd ring shank nails at 6" centers along panel edges and 10" centers in field. Set nails flush. 6A~ - Miscellaneous Framing: Wall and Partition construction: Studs: Nominal 2 x 4" size spaced at 16" centers, unless noted otherwise. Double studs at openings, triple ends, corners and intersections. Provide biocking rerquired for nailing of surfacing materiais, firestopping of 2" materiai. Plates: Provide single plates at floors and bottoms of openings, dou-~ plates at ceilings and heads of openings. Truss over openings more than 3 feet wide, or provide lintel of proper size. Splice single plates abutting at corners; stagger ends of double plates. Furring: Nominal 2 x 4" or 2 x 2" size spaced at 16" centers unless noted otherwise. Attached directly to masonry with power driven anchors no less than ~ per member, or on 24 inch centers, whichever is greater. Provide solid furring at top and bottom of wall and around all openings. 41 SECTION 68 - FINISH CARPENTRY 68t - Description of Work: Provide architectural woodwork to match existing interior finish where and as shown on the second floor hallway at dcx>rs 3 ~u~ 4. Completely finish all exposed or cut materials in the existing finished spaces. Provide new door and windc~v triminrcx~n 201. g~ - Materials: Trim: Provide hardwood trim of species and mill design to match existing. Paneling: Provide 1/4" plywood paneling, T & G, with hardwood face veneer similar in quality to paneling in existing fire station; George-Pacific, US Plywood, or equal, or reuse p~eces cut from demolition. Fasteners: Provide casement nails, color matched for plywood paneling. 685 - Workmanship: Where existing finishes must be cut to provide new openings, take care to make clean, even cuts and salvage removable materials. Oo not damage finish materials intended to remain. Where new work abutts existing, make joints square and true, provide suitable trim to conceal joint. Within new rooms, install new wall paneling over wallboard,plumb, with tight joints between panels. Provide new wood baseboard, door and window trim of design and style to match existing. 42 DIVISION ?~ WOISTURE PROTECTION SECTION ?A - THERMAL INSULATION ?Al - General: Desoription of Work: Provide foundation perimete~ insulation, m~son~y loose fill insulation, bart insulation, rigid insulation under wall furrir~ and rigid roof insulation as shown on the drawings. Labels: Manufacturer's labels required on each-piece or ~ckage of insulation. Do not remove labels or open packages until Architect inspects and approves. 7A2 - Perimeter Insulation: Material: Rigid Polystyrene insulation; Dow "Styrofoam S8"or equal, R=?.5 minimum. Installation: Install continuous sheets over entire inside face of foundation wall between footing and underside of slab. Install 1/2" thick strip between foundation wall and end of slabs, stopping 1/2" below top of slab for installation of sealant. ?A3 - Loose Fill Insulation: Material: Expanded polystyrene beads, R=~.O per inch or greater. Installation: Poured into all open cores of exterior masonry walls as walls are erected; lifts no more than 4 ft. ?A4 - Batt Insulation: Material: Glass or mineral fiber blanket, kraft paper faced one side, R-11 ~ 1/2 inch thickness or R-19 6 inch thickness as shown. Installation: Install with vapor barrier on room (warm) side, with 1" air space between bart and inside wall surface. Alternate: Provide unfaced batts and cover with .006 polyethylene vapor barrier. 43 7A5 - Rigid Wall Insulation: Material: Molded polystyrene insulation board; DOW "Styrofoam FR" or equal, R=7.5 minimum in 1 1/2" thickness. Installation: Apply with adhesive between wood furring strips. Butt tight at all joints with no joint larger than 1/8" at any point. ?A6 - Miscellaneous Materials: Adhesives for bonding insulation: Use type recommended by insulation manufacturers. Insulating Voids: Pack loose Datt insulation in ali cracks or voids around doors, windows, roof joints and other openings not specified to receive mastic, grout, or some other treatment. Roof Insulation: See Section 7D. SECTION 7B - CAULKING AND SEALING 7B1 - Extent of Work: Caulking and sealing of joints between window, door and equipment frames and exterior masonry and concrete, and other spaces noted on drawings to be caulked or sealed. 782 - Materials: Caulking Compound: (Interior Use) Oil based, synthetic resin ~ompound, non-staining, non-bleeding, paintable: Grace-Horn "Vulcatex, "Kuhls "Elastic," Sonneborn "Kaukit," or equal. Sealant: (Exterior Use) Elastomeric one part, polyurethane based: Grace-Horn "Vulcatex," Kuhls "Elastic," Sonneborn "Kaukit," or equal. Color of compound or sealant: Approximate color of adjacent surfaces, unless directed otherwise. Back-up Material: a. For Caulking Compounds: Glass fiber or raveled strands of non-staining cotton wicking. b. For Sealants: Expanded foam gasketing rod recommended by sealant manufacturer. Diameter 1/3 greater than width of joint where it is to be installed. 7B5 - Installation: Preparation: Be sure that surfaces are clean and dry before proceeding. Prime unpainted porous surfaces with primer reco~ended by manufacturer of the caulking or sealing material. Protection: Mask surfaces adjacent to joints as required for complete protection. Back-up: 1. Joints to be caulked: Where more than )/4" deep, pack with back-up material to within 1/2" of surface. 2. Joints to be sealed: Where more than 1/2" deep, install backer rod to within 1/4" of surface. Where less than 1/2" deep, apply bond breaker tape to bottom of joint to prevent adhesion of sealant to bottom of joint. Caulking and Sealing: Caulk or seal joints before final coat of paint is applied to adjacent surfaces. Apply with gun having nozzle of proper size. Install to size and shape shown, or if not shown, with a slightly concave surface. Fill joints and voids solid. Superficial skin bead not accepted. Remove excess material and leave surfaces neat, clean, and smooth. SECTION 7C - FLASHING AND SHEET METAL: 7C1 - Fabricated Sheet Metal~ General: Conform to profiles and sizes shown, and comply with "Architectural Sheet Metal Manual" by SMACNA, for each general category of work required. Metal caps, flashing and counter flashing. Curb flashing. Gravel stops, fascias and trim. Downspouts and scuppers. Zinc-Coated Steel Sheet: ASTM A 526, 24 gage sheet; ASTM A 525, Class 1.25, hot-dip galvanized, mill phosphatized. Provide soldered flat-lock seams except at moving joints, and provide for thermal expansion at 10-ft. intervals except as otherwise shown. Separate dissimilar metals and separate metals from contact with other corrosive materials, by a 15-mil coating of bituminous mastic (FS TT-C-494) or other permanent separation. Anchor work permanently in place with non-corrosive fasteners. 7C2 - Installation: Ali flashings, caps, and copings to have covered slip joints. 3oint covers to be a minimum 6" wide with hemmed edges set in mastic. Secure with contniuous keepers. Corner joints to be mitered and soldered. Installation to conform to 20 year bondable roof specifications. Guarantee: Roofing contractor shall guarantee roofing and sheet metal installation, 100% labor and materials, for a period of two (2) years from the date of substantial completion. SECTION 7D - BUILT UP ROOFING: 7D1 - Description of Work: Provide roof insulation, roof membrane anO plastic or sheet metal flashings as shown on the drawings. The basic contract includes roofing of the new addition and a sufficient strip of the existing roof to place the roofing joint away from the building joint. Guarantee: The Roofing Contractor shall guarantee roofing, flashing and sheet metal installation, 100% labor and materials, for a period of two (2) years from the date of substantial completion. Bonding: All work to be done so as to provide a 20 year bondable roof. not provide a roof bond unless the City desires to obtain the bond as an extra cost additive alternate. Do 7D2 - Materials: Rigid Insulation: Provide expanded polystyrene rigid insulation board, 3 1/2 inches minimum R=lS.0 typical, i inch minimum R=4.~ where new roof laps onto existing building. Provide 1/2" mineral fiber insulation board over all polystyrene insulation; Barrett "Celo-therm", Oohn' s Manville "Fesco", or equal. Roof Membrane: Provide a 20 year bondable, gravel sunfaced built-up roof system; Barrett Series 300, or equal, as follows: "Crystal" Steel Asphalt, 23 lbs/sq. "Vaporear" coated base sheet i ply. "No. 15" Asphalt felt, perforated, ~ plys. "Anchorbond" cement, 69 lbs/sq. Topcoating bituminous asphalt, 60 lbs/sq. Gravel ASTM C3~, 400 lbs/sq. Preformed Cant Strips and Crickets: Wherever cant strips or crickets are shown, provide units supplied by the manufacturer of the mineral fiber insulation board, and formed of the same material. 7D~ - Installation: Insulation: Lay only as much insulation as can be covered by roofing in one day. Insulation shall be laid in parallel ooLm~es with t~ transverse joints in each direction staggered with those of adjointing courses. Ali joints in the mineral fiber board shall be staggered with those in the polystyrene board. All joints shall be staggered over the buildir,~ joint between the existing building and the new additions. EDenings: All roof openings for vents, mechanical equipment, etc. as shown on the plans, or as required to accomodate equipment, shall be suitably flashed and/or provided with curbs and cants. Builtup Roofing: All work to be done by an applicator approved by the roofing manufacturer, and in strict accordance with the manufacturer's detailed instructions. Proceed with roofing work only after substrate construction and penetrating work have been completed. The Installer must examine the substrate and the conditions urger which roofing work is to be performed, and notify the Contractor of unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. Weather Conditions: Proceed with roofing work only when weather conditions are in compliance with manufacturer's recommended limitations, and when conditions will permit the work to proceed in accordance with requirements and the manufacturer's recommendations. DIVISION 8t,' D.00.RS2 W. INDONS~ HARDWARE SECTION 8A - HOLLOW METAL: 8Al - Description of Work: Provide all hollow metal doors and door frames as shown on the drawings and listed on the door schedule. 8A2 - Materials: Standards: Comply with the requirements of Steel Door Institute "Recommended Specifications for Standard Steel Doors and Frames" (SDI-iO0) and as herein specififed. Manufacturer: Provide all hollow metal from one recognized producer of hollow metal work complying with the requirements; Amweld, Ceco, Curries, Steelcraft, or equal. Anchors and Accessories: Manufactuer's standard units. Use galvanized items for units built into exterior walls complying with ASTM A Fabrication: Fabricate units to be rigid, neat in appearance and free from defe~ts, warp or buckle. Weld exposed joints continuously, grind, dress, and make smooth, flush and visible. Provide hollow metal units to receive mortised and concealed finish hardware, including cutouts, reinforcing, drilling and tapping; complying with ANSI A ll5 "Specifications for Door and Frame Preparation for Hardware". Sho~ Paint exposed surfaces of hollow metal units, including galvanized surfaces, using manufacturer's standard baked-on rust inhibitive primer. 8A3 - Frames: All frames shall be 14 ga, with mutered corners welded and ground smooth, provide standard masonry anchors. Rrovide manufacturers standard profile, 2 inch thickness, except 4 inch head where noted, and minimum 4 inch width. Comply with SDI-iO0. Prepare frames to receive 2 silencers on strike jambs of single-swing frames and on heads of double-swing frames. Provide 26 ga. steel plaster guards or mortar boxes, welded to frame, at back of hardware cutouts where installed in masonry openings. Install frames with anchors built into masonry and with frames filled with mortar. Provide true and plumb installation at correct height for specified floor finish. 48 8A4 - Doors: Doors shall be fabricated of 16 ga. steel stiles and 18 ga. panels. Tops and bottoms shall be closed and reinforced with 16 ga. channels. Provide expanded polystyrene foam insulation core in all doors. Install doors with fit and clearances specified in SDI-IO0. All doors must close completely wlth no gaps and no tight spots. SECTION 88 - WOOD DOORS: 8B1 - Description of Work: Provide all interior wood doors as shown on the drawings and listed in the door schedule. All wood doors are to be installed in hollow metal frames. 882 - Materials: All wood doors shall be 1 3/4 inch thick, solid staved lumOer core, flush face veneer of custom grade red oak; Weyerhauser DSC-l, or equal. All doors shall be job fit for all hardware as specified, according to templates furnished by the hardware supplier. All doors are to be job finished to match the adjacent paneling surface. Glazing: Where specified, doors are to have the manufacturer's standard wood framed light installed as indicated on the door schedule detail; size to match detail, or similar if manufacturer's standard differs slightly. Light to be glazed with tape and 1/4" glass, ~ as scheduled. Stora9e and Delivery: Store all doors off-site until they are ready to be installed in a finished building with full temperature control and no high humidity work remaining. SECTION 8C - OVERHEAD DOORS: (AIL1 work is Alternate No. 2) 8C1 - Description of Work: Provide and install upward acting sectional steel 6verhead doors as shown on the drawings. Alternate No. 2 includes removal of thrc~ e~stingwc~overhead doors 8Lnd replacer~nt with tb_ree new sectional st~=el dcx~rs as s~cified herein, %outilize the ex/sting door tracks a_nd o~ators. 49 802 - Materials: Manufacturer: doors and miscellaneous hardware and installation are to be provided by one manufacturer. Model names and numbers listed below are "Crawford". Other equal quality commercial doors are acceptable. Style: Flush panel inside and outside. (Match Style of 2 existing sectional steel overhead doors in south bay of station). Door Construction: 4. 5. 6. Sections; 16 ga. galvanized steel, flush outerpanel, 2" box section, welded and pr,painted. End and center stiles; 16 ga. hot dipped galvanized, welded to sections. 8ottom rail; reinforced full width with vinyl astragel. Finish; pr,primed inside and outside. Core; i 1/4" rigid polystyrene board. Inner Panel; .017 aluminum flush panel. Counterbalance: Contractor may reuse existing counterbalances for new doors provided he verifies door weight and capacity. Contractor to provide and install new counterbalances if required to accomodate new doors. Track: Contractor to install new doors in existing low-headroom track, w~-i-C6-new ball bearing rollers. Hardware: Corner lift brackets sized according to manufacturer's standards, reinforced where required, designed to fit clearances indicated on the drawing. No lock required other than the electric operator. Glazing: Provide set in double glazed lights, approximately 4 x 24 inches, with rubber glazing channels for 1/4" wired safety glass. Provide the num- ber and location of lights as shown on the front building elevation drawings. O.perators: Contractor may reuse existing electric door operators and con- trols provided he verifies door weight and capacity. 8C3 - Installation: Remove existing wood overhead doors No. 1, 2, and 3. Re- place with new insulated steel doors in existing track. Adjust for tight fit and smooth operation using the existing electric operators. Install weatherstripping on head and side jambs, vinyl astragel on bottom stile. NOTE: Contractor shall not Oegin this work except upon approval of the Fire Oepartment representative on the premises so as not to block emergency use of fire department vehicles. SECTION 8D - WOOD WINDOWS: 801 - Description of work: Base Bid: Provide and install new wood awning windows in Room 201 as indi- cated on the drawings and as specified below. 5O i I I I I I I I I I ! I I I I I i I 6~D2 - Materials: Provide manufactured wood framed awning windows with prefinished exterior finish and natural wood interio~ millwork. "Andersen Perma-shield" type A-42, or equal. Sash: Fixed upper, operable awning lower. Glazing: Select double pane insulating glass. Operator: Self-locking rotor. Screens: Aluminum framed insect screen over operable sash. operable with out moving screen. Sash to be 8D3 - Installation: Install all windows in masonry according to manufacturers standard instructions. Securely fasten jambs. Wedge or block to plumb and level. Ensure proper operation. Ensure proper exterior flas~ttng and sealing against moisture. Rack cracks with insulation. Provide inter£or extension jambs to frame opening out to f~nish wall for installation of wood sill and trim, both new windows and relocated existing winQow. SECTION 8E - GLAZING: 8El - General: Where glazing is specified in any door, swinging or overhead, provide 1/4" glass, type as scheduled: Wire Glass: 1/4" wired safety glass. Obscure Glass: 1/4" "B" quality sheet glass frosted or patterned one side. Double Glazed: 2 sheets 1/4" wired safety glass set in separate glazing channels (overhead doors). 8E2 - Installation: Set in stops provided with spacers, butly rubber glazing tape and standard acrylic glazing compound. SECTION 8F - BUILDER's HARDWARE 8Fl - Description of Work: Provide all finish hinges, latches, locks, closers, stops, thresholds, and weatherstrips as specified in the door schedule or as otherwise necessary to provide a complete installation of all doors indicated on the drawings. 8F2 - General: Manufacturers Listed: The manufacturers and model numbers listed on the schedule and specified herein are for the purposes of establishing quality, design and function. Other equal quality commercial-grade products are acceptable. Subnttt final hardware schedule organized by "sets", to indicate specifical- ly the product to be furnished to each item required on each door. 51 I I I I ! I I I I ! i I I I I I I I I Furnish templates to each fabricator of doors and frames, as required for preparation to receive hardware. Hardware Mounting Heights: NBHA "Recommended Locations for Builders Hardware", except as otherwise indicated. Hardware Adjustment: Return to project one month after Owner's occupancy and adjust builder's hardware for proper operation and function of each door. Lubricate and clean each item. Instruct Owner's personnel in proper maintenance and adjustment of work. Hardware Finish: Provide all hardware, except thresholds, in finish to match existing hardware in fire station. 8F3 - Hinges: Provide full-mortise type hinges on each door, except as other- wise indicated, and except as otherwide needed for proper support and operation of doors. Provide steel pins with steel hinges; non-removable for exterior and public interior exposure, non-rising for non-security exposure, flat button with matching plug. Function: Plain-bearing, swaged, inner leaf beveled, rounded corners; ex- cept provide ball-bearing for doors equipped with closers. Manufacturer: Hager, Soss, Stanley or hollow metal door manufacturer's standard. Size: All hinges to be 4-1/2 x 4-1/2 inches. 8F4 - Locks and Latchsets: Provide commercial grade locks and latchsets for all door~. Set L-l: Mortise lock with l" deadbolt, entrance function; "Yale 8660A" or equal. Set L-2: Mortise deadlock only, 1" deadbolt; "Yale 8309A" or equal. Set L-~: Cylinder deadlatch, office function; "Yale 5704" or equal. Set L-4: Rush plate/8" pull handle only. Flush Bolts: Provide minimum l" throw edge mounted flush bolts for the top and bottom 'of the inactive leaf of door no. 1. Knob design: Yale "Litchfield" or equal. C~vlinder: Minimum 6 pin tumblers. Keying: Provide all locks keyed to existing fire station master ~ey system. Key door i alike with existing fire station exterior doors. doors 3 and 4 separately, provide 3 keys for each. Key 8F5 - Closers: Provide door closers sized and designed to close doors speE£fi~d. Yale 402 or equal, two speed standard closer with backcheck. 52 m I I ! I I I I ! I I ! I ! ! ! ! I I 8F6 - Door Stops: Provide metal door stops of finish to match other hardware, and grey rubber exposed resilient parts; wall type design intended to contact door knob; Stanley, Quality, or equal. 8F7 - Thresholds: Provide 1/4 inch high extruded aluminum, mill finish thresholds with manufacturer's standard grooved thread at all exterior doors; Pemco, Wooster, Blum, or equal. Fabrication/Installation: Miter corners and return exposed ends to wall/door frame construction. Integrate thresholds with floor pivots and closers, if any. Anchor with not less than No. IO screws, 12" c.c. Set edges in polyisobutyline mastic sealant at exterior doors. 8F8 - Weatherstripping: Provide 1/2 inch neoprene tape on all head and sloe jambs of all exterior doors. Provide minimum i inch felt sweep at all exterior door sills, adjusted to contact threshold. Pemco, Accurate, or equal. DIVISION 9~ FINISHES SECTION PA~ GYPSUM DRYWALL PA1 - Description of Work: indicated on the drawings, Provide, install, and finish gypsum drywall where 9A2 - Materials: Manufacturer: Celotex, U.S. Gypsum, or equal. Fire Resistive Finish Board: Type "X" fire-rated board, tapered edges, 5/8" thick. Use where single layer fire-resistive construction is called for. Regular Gypsum Wallboard: Standard non-fire-rated gypsum wallboard, tapered long edges, 1/2" thick. Use for finished surfaces not otherwise specified or noted on drawings. Ooint Treatment: U.S. Gypsum "Perf-a-tape" or equal, reinforcing tape and taping compound. Fasteners: Power driven screw fasteners, applied according to Uniform Building Code requirements. Accessories: Provide metal outside corners or other accessories as recommended by the wallboard manufacturer to provide a complete installation on all exposed wallboard. PA3 - Installation: Control temperature and ventilation for best result. Conform to American Standard Specifications for Gypsum Wallboard Finishes. Screw attach wall board to wood construction on 12 inch centers. _Apply s~eets horizontally on walls, in as long a sheet as possible. Apply sheets perpendicular to framing on ceilings, in as long a sheet as possible. ! i ! ! I I I I I I I ! I I i I I I ! Stagger joints in adjacent rows. Ooint~ corner and edge treatment: On exposed wallboard, provide tape joint treatment and two additional layers of joint compound over corners and joints, and three layers of joint compound over screws. Reinforce inside corners according to manufacturer's recommendations. Use metal corner beads on exposed outside corners, taped to finish with joint compound. Wallboard.U.nd~rlay: Wall board to be hidden under plywood paneling does not require any joint treatment except where joints exceed 1/8 inch at any location. Where treatment is required, one layer with tape is sufficient. 9A4 - Finish: Exposed wallboard surfaces shall be sanded lightly anO left smooth for painted finish. C~iling of rocm 201 to k~ spray textured. 9A5 - Cleaning and Repairing: After trim has been applied, and prior to ~alnting, correct surface damage and defects. Leave work clean and smooth and without defects which will be apparent after painting. SECTION 9B - ACOUSTIC CEILINGS 9B1 - Description of Work: Alternate No. 1: Provide lay-in acoustical ceiling grid and panels in rooms 102, 103, 103A, 104, and 104A. Suspend from roof system to a Ceiling elevation of 7'-6"+_. 9B2 - Materials: Suspension System: Provide prefinished, white painted, metal tee grid system designed for installation of acoustical ceiling panels. Chicago Metalic, Dom or equal. Acoustical Panels: Provide 24 x 48 inch mineral fissured, white painted acoustic panels, not less than 5/8 inch in thickness. Flame-spread rating not less than 25. Surface design to be chosen by Architect from manufacturer's mid-range cost selection; Armstrong, Celotex, Conwed, or equal. Hangers: Not less than 12 guage soft annealed, mild steel wire. 55 983 - Installation: Coordinate grid location with electrical fixture layout. Balance borOers using full size acoustic units, or where cutting is required use not iess than i/2 unit width wherever possibie. Provide hangers on not less than 48 inch centers. Level grid and secure edge angles to wall as required. Fit Panels tightly in grid. Clean exposed surfaces. Remove and replace dirty or damaged panels. Provide not less than 5 full size, spare panels for stock. SECTION 9C - PAINTING 9C1 - Description of Work: Work Included: Painting and finishing of interior and exterior items and surfaces, unless otherwise indicated. Includes field painting of bare and covered pipes, ducts and hangers, exposed steel and iron work and primed metal surfaces of equipment installed under mechanical and electrical work. Paint all exposed surfaces, except as otherwise indicated, whether or not colors are designated. If not designated, colors will be selected by the Architect from standard colors available for the coating required. Work not Included: Unless otherwise indicated, shop priming of ferrous metal items and fabricated components are included under their respective trades. Pre-finished items are not included. Unless otherwise indicated, painting not required on surfaces of concealed areas. Finished metals such as anodized aluminum, stainless steel, bronze, and similar metals will not be painted. Do not paint any moving parts of operating units or over any euqipment identification, performance rating, name or nomenclature plates or code-required labels. Do not paint galvanized metal gravel stops or roof flashings. 56 ! Delivery and Storage: Deliver materials to job site in new, original, and Unopened containers bearing manufacturer's name, trade name, and label m analysis. Store where directed in accordance with manufacturer's instructions. m Protectzon: Protect work of other trades. Correct any painting related damages by cleaning, repairing or replacing and refinishing, as directed by Architect. . m Coordination. Provide finish coats which are compatible with prime paints ~de barrier coats over incompatible primers where required. Notify the Architect of anticipated problems using specified coatings with i substrates primed by others. 9C~ - Su.rf~ce Preparation: Perform preparation and cleaning procedures in i stoic( 'accordance with coating manufacturer's instructions for each substrate condition. Remove hardware a~d accessories, machined surfaces, plates, lighting I fixtures and s~milar items in place and not to be finish-painted, or provide surface-applied protection. Reinstall removed items. I Seal wood required to be job-painted. Prime edges, ends, face, undersides, ~ides of doors, etc. Use spar varnish for backpriming where transparent finish is required. I Seal tops, bottoms of wood doors with heavy coat of varnish or similar sealer immediately upon delivery to job. I9C4 - Materials: Provide all finish and primer coats from the same manufacturer on each separate substrate. Provide natioSal brand name materials; DeVoe, Pratt & Lambert, Benjamin Moore, or equal. I Colors shall be chosen by Architect from complete line available. Contractor to submit a color chip chart for the Architect's selection. In general, exterior and interior wall colors will remain as existing. Doors and frames Iwill be deep-tone accent colors. ! ! ! ! m m I i I I ! ! I ! ! I I I I I I ! I I Application: Material Preparation: Mix, prepare, and store painting and finishing materials in accordance with manufacturer's ~irections. Application: Apply painting and finishing materials in accordance with the manufacturer's directions. Use applicators and techniques best suited for the material and surfaces to which applied. Workmanship: Highest quality, by skilled mechanics, in accordance wit~ best tra~e practices. Spread material evenly, without runs or sags. Cut sharp lines against glass, other materials, and different colors. Prime backs of frames and trim with sealer or paint. Sandpaper expose~ surfaces of doors, frames and trim between coats. Allow ample time between coats for thorough drying. Keep premises clean. Daily remove all rags, paint cans and discarded materials. Defective Work: Contractor responsible whatever t~e cause~ refinish at Contractor's expense. Repair work damaged during construction. Repaint all holidays. Leave in first class condition at time of final acceptance. 9C~ - Exterior Finis~ Schedule: Concrete Masonry: Base Bid: 1 coat, brushed-on appication of acrylic block filler-primer on new masonry only; add 2 coa~s semi-gloss acrylic latex enamel and 1 coat sprayed on silicone water repellant on all new masonry. Galvanized Metal. Flashings and Trim: No paint required, except paint outside of all downspouts to match wall. Hollow Metal Doors and Frames, Overhead DOOrs, Fire Escape: Base Bid; all new exterior doors: 2 coats high gloss alkyd enamel. 58 I I I I I I I I ! I I l I i I' I I I 9C7 - Interior Finish .Schedule: Hollow Metal Doors and Framesl Overhead Doors: 2 coats high gloss alkyd enamel. Exposed Structural Steel: match walls. Concrete Masonry: Base Bid: No painting required. Alternate No. 1 (toilets): see finish schedule. 1 coat brushe~-on application of acrylic block filler-primer on new blockwork only. 2 coats semigloss acrylic latex enamel on new work and over existing walls in Room 102. 2 coats premixed white color epoxy paint in Rooms 103, 103A, 104, and 104A. Miscellaneous met. als, pipe and conduit: Paint to match adjacent wall surface. Wood Doors~ Wi..ndgw .fri.m .~nd ~a~ing: Sand and fill all nail holes. 1 coat transparent, penetrating oil stain, wiped. 2 coats semi-gloss alkyd varnish. 59 ~IVISION 10~ SPECIALITIES SECTION lOA - TOILET PARTITIONS - ALTERNATE NO. I Manufacturers offering products to comply with the requirements for metal ~oi~et partitions include the following: Knickerbocker Metpar Steel Products Corp. Robart Partition Co. Div., International Fabricators, Inc. Sanymetal Products Co. Sheet Steel: ASTM A591, galvanized-Donderized, of following minimum thicknesses: Panels: 20 gage. Doors: 22 gage. Concealed Reinforcement for Anchorages: 12 gage. Concealed Reinforcement for Tapping: 14 gage. Core Material: Manufacturer's standard sound-deadening, double-faced honeycomb, £mpregnated Kraft paper core. Anchorages and Fasteners: Manufacturer's standard theft-proof exposed fasteners, finished tO 'match hardware. Fabrication: Pressure laminate face sheets to core, edges sealed with continu- ous locking strip or lapping and formed edges. Miter and weld corners with welds ground smooth, or cap with stainless steel fittings. Provide concealed reinforcement for installation of hardware, fittings, brackets, and required accessories. Floor-Braced Screens: l" thick units, size as indicated, of same construction and finish as doors. Doors and Hardware: Gravity-closing hinges; stop and keeper; combination coat hook and bumper; Handicap stall doors to have lock capable of being opened from outside as well as inside. Baked enamel Finish: Manufacturer's standard, color as indicated or as select- ed by Architect from manufacturer's standard colors. Installation: Install partitions rigid, straight, plumb and level in accord- ance with manufacturer's printed instructions. Set units with not more than 1/2" between pilasters and panels, and not more than l" clearance between panels and walls. Cleaning ana Final Adjustments: Perform final adjustments to leveling devices. Clean exposed surfaces and touch up minor finish imperfections using materials and methods recommended by partition manufacturers, as acceptable to Architect. 6O I I I I ! I I ! I ! I I I I I I I I SECTION 10B - TOILET ACCESSORIES - ALTERNATE NO. 1 Manufacturer: Provide toilet accessories as manufactured by one of the following: Accessory Specialties Bobrick 8radle¥ Hall-Mack Saferail General: Provide toilet accessories as shown on drawings and herein specified. Locate units as shown or, if not shown, as directed by the Architect. Toilet Tissue Dispensers: Rrovide one toilet tissue dispenser for each toilet unit, unless otherwide indicated. Surface Mounted~ Single-Roll Toilet Tissue Dispenser to accomodate rolls up to 5" diameter, with heavy-duty internal spring to hold roll within holder; Chromium plated steel. Grab Bars provide handicap code compliance grab bars 1-1/2 inch outside dia- meter with l-l/2 inch clearance to wall, size and shape as indicated on drawings; 18 gage type 304 satin-finished stainless steel, with ends returned to wall. Installation: Use concealed fastenings wherever possible. Provide anchors, bolts, and other necessary fasteners, and attach units securely to walls and partitions in locations as shown or directed. Comply with manufacturer's instructions for each type of substrate constructions. lnstall concealed mounting devices and fasteners fabricated of the same materi- al as the accessories or of galvanized steel. Install exposed mounting devices and fasteners finished to match the accessories. 61 I I I I I I '1 I I I I I I I I I I I I DIVISIONS ll,,q,~14t NONE INCLUDED 62 I I I I I I I I I I I I I I I I I I DIVISION 15, NECHANICAL: SECTION 1SA - GENERAL: 15Al - Contract: All mechanical work shall be provided and installed as part of the General Construction contract, not under separate contract. All provisions of the Instructions to Bidders, General Conditions and Special Conditions apply to work in this Division. The General Contractor shall be responsible to see that all Mechanical work is completed according to the drawings and these specifications. 15A2 - Description of Work: Provide all labor, materials, equipment and services necessary to perform the work and to complete the project as indicated on the drawings and/or as specified herein, including: Plumbing; drain-waste-vent; supply; fixtures Sheet metal ductwork, grilles, registers and diffusers Alterations to existing mechanical systems necessary to accomodate the new work l~A3 - Licenses and Permits All mechanical sub-contractors shall be duly licensed to perform the indicated work, and shall obtain all required state or local permits necessar~ to authorize said work. Permits issued by the City of Mound will be on a no-~eebasis. 15AA - Intent of Drawings: The drawings are partially diagrametric and do not necessarily show the exact location of piping, ductwork or equipment. Mechanical sub-contractor is responsible for installing a complete system capable of functioning in all respects, and in complete performance with all applicable State Building Codes. Provide at no extra cost all incidental items required for completion of work even through not specifically mentioned or indicated. 63 I i I I I I ! I I I I I I I I I I I I Remodelin~ ~ork Whenever existing mechanical systems, plumbing, heating, service lines, ducts, controls, etc. are cut into, removed, interrupted, as a result of the contract work, all such items that serve areas or equipment that remain shall ~e replaced, rerouted, extended, relocated, etc. as necessary to maintain operatio~ of equipment and services. Manufacturer's Directions Manufactured equipment or systems shall be installed, connected, erected, cleaned, conditioned and set up for operation as directed by the manufacturer, uniess otherwise specified herein. Cutting & Patching No cutting of structural steel menYoers is permitted without the consent of the Architect. Mechanical sub-contractor shall provide all necessary sleeves to be built into masonry or concrete work to accept piping indicated. Mechanical sub-contractor to be responsible for all cutting or drilling of masonry, concrete, or wood members. General contractor is responsible for all patching necessary to restore surfaces. Floor~ Wall, Ceiling Plates All uncovered exposed piping passing through walls, floor or ceiling shall be fitted and supplied with chrome plated plates set tight against the surface. Excavatin9 and Backfillin9 Mechanical sub-contractor shall be responsible for all excavation and backfilling necessary to install all plumbing under slabs, including all sewer, drain and vent lines~ Backfilling st~llbewif, h ¢lea_~ sand or gravel compacted to 95% density. Excavation shall not undermine any structural member. Correlation of Work General Contractor is responsible for correlation of all mechanical, plumbing and heating work with the general building construction and with electrical fixtures and equipment. Verify all dimensions, equipment sizes and locations. All work shall be fabricated to field verified measurements to insure fitting and proper relation of items one to another. 64 I I I I I I I I i I I I I I I I I I I Workmanship All work shall be accon~olished by skilled workmen, proficient in their trade, according to best established practices. 15A5 - Drawings and Brochures: Electrical Diagrams Provide wiring diagrams and instructions to the electrical sub-contractor for proper connection of equipment supplied in this Division. Brochure of Equipment Provide the owner one (1) clean copy of all installation, maintenance, and operating instructions, wiring diagrams, parts lists and other literature for each type of mechanical equipment or system installed on this job. Shgp Drawings Where specified herein, provide the Architect with no less than ~ copies of shop drawings or equipment selection literature for review and approval prior to ordering or manufacturing. As-Built Drawings Maintain a separate set of mechanical drawings on the job site at all times, and record thereon all changes, reroutings and/or additions as they may occur. Deliver to Architect at completion of job. 15A6 - Guarantee - Warranty: The Contractor shall and hereby does warrant and guarantee: That all work executed unoer the Division will be free from defects of material and wor~anship for a period of one year from the date of final acceptance of the work. That the above party further agrees to, at his own expense, repair and replace all such defective materials and work and all other work damaged thereby which becomes defective during the term of warrantee. 65 SECTION 15B - PLUMBING 15B1 - Description of Work: Base Bid: Cut into existing building sewer line below new addition and add one new floor drain and new cleanout in room lO1, with new vent through roof. Alternate No. l: Complete remodel of existing toilet areas. Removal of existing fixtures and piping~ extension of new piping to new fixture locations, complete installation of new fixtures including supply, drain, waste and vent. New and existing fixture locations indicated on the drawings. 1582 - Drain, Waste and Vent: Materials: 1. 2. PVC schedule 40 type DWV plastic pipe and fittings. Service weight hubless cast iron soil pipe with appro- priate fittings may be used. Cleanouts in the floor: 4 inch flush plat cast iron cleanout and frame with cover. Installation: lnstall with slope at least 1/4 inch per foot and not more than i inch per foot. RVC pipe if used to be installed in sanO bed. Set floor drain and cleanout rims at floor surface elevation. Vents: Slope at least 1/8 inch per foot. Fasten to wall with approved channel frame U-strap hangers spaced not less than 3 feet on center. Ex- tend not less than 12 inches adore roof. Flash with sheet lead. Tests: All new DWV to be air pressure tested before covering. 1583 - Water Supply Piping: G~eneral: Supply piping shall be extended from existing hot and cold water pipes as required to serve new fixtures (Alternate No. 1). Extend with same size pipe as existing, not less than 1/2 inch to serve individual fixtures, 3/4 inch for flush valves. Piping: Above ground, Type L hard temper copper pipe with 95/5 solder joints and fittings. Below ground, Type K soft copper with silver solder joints. Installation: Slope for proper air relief and drainage. Make adequate provision for pipe expansion and to prevent water hammer. Water Hammer Arrestors: Install air chambers 18" long and same size as supply pipe at all fixtures. Insulation: Provide fiberglass or polyfoam preformed insulation on all hot and cold water piping above ground, including repair of insulation on ex- isting piping as may be affected by remodeling. 66 I I i I ! ! I I I ! I ! ! I I I I I Cleaning: Clean and d~s[nfect all domestic service piping after installation. Testing: Hydrostat pressure test all new supply piping before covering or concealing. Repair any damage or leaks that may occur from testing, and/or from subsequent construction. 1584 % Plumbing Fixtures and Trim Materials: Complete in every respect, including such items as escutcheons, hanger plates and bolts, traps, etc. Entire fixture submittal made in brochure form, six copies complete with detailed literature on all items. Units marked by "R" number as in schedule. Fixtures may be of any of the following manufacturers: Fixtures: American Standard, Kohler, and Crane. Seats: Olsonite, Sperzel, Ben,kc, Church, and Crane. Floors and roof drains, chair carriers: Oosam, 3.R. Smith, Blake, Zurn. Flush valves: Sloan, Waterous. Fixture Schedule (see dr~ngs for number of each): Item #1: Two new floor mounted toilets supplied by owner, to be installed by contractor. Seats and Flush valves by contractor. Sloan Royal ll5 or equal. Item #2: (Provided and installed complete by contractor): Handicap toilets: American Standard 9468.018 or equal, floor mounted toilet with Sloan Flush Valve Royal ll5 or equal, plus seat. Item #3: Urinal, American Standard 6500.011 or equal, with Sloan Royal 186-11 Flush Valve, or equal. Mounting height for handicaps as specified on drawings. Item #4: Drop-in style rimless lavatory, American Standard enamelled steel 5608.039 or equal, with lever-handle faucet set for handicap use, American Standard 2103.737 or equal. Item #5: Gas-fired water heater to replace existing electric water heater. Rlumb into existing system, relocated as required, to serve entire existing building. A.O. Smith F.S.G. 75, 75 gallon high efficiency, quick recovery, or equal. Item #6: Floor Drains, 4" cast iron, 2" trap with integral clean-out.